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Northern Ireland Act 1998
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- 1998 c. 47
- SCHEDULE 10
- Part V
- Direct references to Supreme Court
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- Act modified by 2006 c. 17 Sch. 2 para. 2(5) (Not applied. Conditional amendment never in force)
- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2010/812 art. 2 commences (2009 c. 3)
- S.I. 2010/921 art. 2 commences (2009 c. 8)
- S.I. 2010/1640 art. 2 commences (2009 c. 8)
- S.I. 2010/1726 art. 2 commences (2010 c. 16)
- S.I. 2011/978 art. 2 commences (2003 c. 25)
- S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
- S.R. 2010/52 art. 2 commences (2008 c. 26)
- S.R. 2010/113 art. 2 commences (2002 c. 26)
Direct references to [F1Supreme Court]E+W+S+N.I.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F1Words in cross-heading preceding Sch. 10 para. 33 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 118(3); S.I. 2009/1604, art. 2(a)(d)
33The Attorney General, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister acting jointly or the Advocate General for Scotland may require any court or tribunal to refer to the [F2Supreme Court] any devolution issue which has arisen in proceedings before it to which he is or they are a party.E+W+S+N.I.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F2Words in Sch. 10 para. 33 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 118(4); S.I. 2009/1604, art. 2(a)(d)
34The Attorney General, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister acting jointlyor the Advocate General for Scotland may refer to the [F3Supreme Court] any devolution issue which is not the subject of proceedings.E+W+S+N.I.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F3Words in Sch. 10 para. 34 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 118(5); S.I. 2009/1604, art. 2(a)(d)
35(1)This paragraph applies where a reference is made under paragraph 34 in relation to a devolution issue which relates to the proposed exercise of a function by a Northern Ireland Minister or department.E+W+S+N.I.
(2)The person making the reference shall notify the Northern Ireland Minister or department of that fact.
(3)No Northern Ireland Minister or department shall exercise the function in the manner proposed during the period beginning with the receipt of the notification under sub-paragraph (2) and ending with the reference being decided or otherwise disposed of.
(4)Proceedings relating to any possible failure by a Northern Ireland Minister or department to comply with sub-paragraph (3) may be instituted by the Attorney General for Northern Ireland.
(5)Sub-paragraph (4) is without prejudice to any power to institute proceedings exercisable apart from that sub-paragraph by any person.
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