Act of Sederunt (Devolution Issues Rules) 1999

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Rules of the Court of Session 1994 by adding a new Chapter 25A providing rules to regulate the procedure where a devolution issue (within the meaning of Schedule 6 to the Scotland Act 1998, Schedule 10 to the Northern Ireland Act 1998 and Schedule 8 to the Government of Wales Act 1998) arises in any proceedings.

It provides, in particular, that, unless the court on cause shown otherwise permits, a devolution issue should be raised before any evidence has been led in the proceedings. It also provides for special time limits for intimation to the relevant authority (in most cases the Lord Advocate and the Advocate General for Scotland) where a devolution issue is raised after the principal writ has been served and for service on the relevant authority where the devolution issue arises in the principal writ.

It regulates the procedure for making references of devolution issues to the Inner House of the Court of Session and to the Judicial Committee of the Privy Council.

It regulates the giving of notice to those entitled to intervene where the court is considering making an order under section 102 of the Scotland Act or the corresponding provisions of the Northern Ireland and Wales legislation mitigating the effect of a decision that a provision of devolved legislation is invalid.