The Judicial Committee (Devolution Issues) Rules Order 1999

PART IV PROCEEDINGS UNDER THE NORTHERN IRELAND ACT 1998

Interpretation of Part IV

4.1—(1) In this Part, except where the context otherwise requires, references by number to sections and to paragraphs of Schedule 10 are references to those provisions of the Northern Ireland Act 1998(1).

(2) Where the First Minister and, deputy First Minister have made a determination under paragraph 36 of Schedule 10, references in this Part to the First Minister and the deputy First Minister shall, in relation to proceedings specified in the determination, be construed as references to the Minister or Northern Ireland department so specified.

References under section 11

4.2—(1) A reference by the Attorney General for Northern Ireland to the Judicial Committee under section 11(1) shall be made—

(a) by lodging the reference; and

(b) serving copies and giving notice of it in accordance with paragraph (3) below;

within the time limits specified in section 11(2).

(2) The reference shall state the question to be determined with respect to the Bill to which the reference relates and shall have annexed to it—

(a) a copy of the Bill; and

(b) a copy of the section 9 statement.

(3) A copy of the reference shall be served on each of the following—

(a) the First Minister;

(b) the deputy First Minister; and

(c) if the section 9 statement was made by another Minister, that Minister;

and written notice of the reference, together with a copy of it, shall be given to the Presiding Officer.

(4) In this rule “section 9 statement” means the statement made pursuant to section 9 in relation to the Bill to which the reference relates.

(5) In this and the next rule “Law Officer” does not include the Lord Advocate.

4.3  If the First Minister and the deputy First Minister (acting jointly) or any Law Officer (other than the Attorney General for Northern Ireland) wishes to participate in the proceedings he shall within 14 days of service of the reference on him enter an appearance and serve notice of having done so on the Attorney General for Northern Ireland; and any person entering an appearance in accordance with this rule shall thereupon become a respondent to the proceedings.

4.4—(1) The Attorney General for Northern Ireland shall, within 14 days of lodging the reference, lodge a Case setting out his legal arguments with respect to the question referred.

(2) Any other person who has become a respondent to the proceedings in accordance with rule 4.3 shall lodge a Case setting out his legal arguments within 14 days of entering an appearance.

References under paragraph 34 of Schedule 10

4.5—(1) A reference to the Judicial Committee under paragraph 34 of Schedule 10 shall be made by lodging a reference and serving copies in accordance with paragraph (3) below.

(2) The reference shall state the question to be determined.

(3) In a case to which paragraph 35 of Schedule 10 applies, the reference shall be accompanied by a certificate that paragraph 35(2) has been complied with.

(4) Copies of the reference shall be served—

(a) where the reference is made by a Law Officer, on the other Law Officers mentioned in paragraph 34 of Schedule 10 and on the First Minister and the deputy First Minister;

(b) where the reference is made by the First Minister and, deputy First Minister acting jointly, on all the Law Officers mentioned in paragraph 34 of Schedule 10.

4.6  If a person on whom a copy of a reference must be served pursuant to rule 4.5(4) wishes to participate in the proceedings he shall enter an appearance in the Registry within 14 days of service of the reference on him and serve notice of having done so on all the other such persons and on the person making the reference; and any person entering an appearance in accordance with this rule shall thereupon become a respondent to the proceedings.

4.7—(1) Each party to the proceedings shall lodge a Case with respect to the question referred.

(2) The person making the reference shall lodge his Case within two months of lodging the reference, and each respondent shall lodge his Case within two months of entering an appearance.

References by courts

4.8—(1) A reference to the Judicial Committee under paragraph 9, 19, 28, 29, 32 or 33 of Schedule 10 shall be made by lodging the reference.

(2) The court lodging the reference shall serve copies of it on the parties, on the First Minister and the deputy First Minister and on any Law Officer who is not already a party and who has a potential interest in the proceedings.

(3) For the purposes of this rule and rules 4, 10, 4.11 and 4.12 Law Officers shall be regarded as having a potential interest as follows:

(a) where a reference or appeal is from a court in Northern Ireland or from the House of Lords in proceedings that originated in Northern Ireland, the Attorney General for Northern Ireland and the Attorney General;

(b) where the reference or appeal is from a court in England and Wales or from the House of Lords in proceedings that originated in England and Wales, the Attorney General;

(c) where the reference or appeal is from a court in Scotland or from the House of Lords in Scottish proceedings, the Attorney General for Northern Ireland and the Lord Advocate.

4.9—(1) The reference shall set out the following:

(a) the question referred;

(b) the addresses of the parties;

(c) the name and address of the person who applied for or required the reference to be made;

(d) a concise statement of the background to the matter including—

(i) the facts of the case, including any relevant findings of fact by the referring court or lower courts;

(ii) the main issues in the case and the contentions of the parties with regard to them;

(e) the relevant law, including the relevant provisions of the Northern Ireland Act 1998(2);

(f) the reason why an answer to the question is considered necessary for the purpose of disposing of the proceedings.

(2) All judgments already given in the proceedings shall be annexed to the reference.

4.10—(1) Any party to the proceedings in the court making the reference who intends to participate in the proceedings in the Judicial Committee shall within 14 days of service of the copy reference on him—

(a) enter an appearance; and

(b) give notice to the other parties that he has done so.

(2) Any party who does not intend to participate shall give notice in writing to the Registry and the other parties accordingly.

(3) Where notice has to be given under this rule it shall also be given to the First Minister and the deputy First Minister and to any Law Officer who is not already a party and who has a potential interest in the proceedings.

4.11—(1) The First Minister and the deputy First Minister (acting jointly) and any Law officer who is not already a party to the proceedings may intervene in the proceedings on the reference by taking the steps specified in paragraph (2) below within 28 days of service of the copy reference on him; and he shall thereupon become a party to the proceedings on the reference.

(2) The steps are—

(a) entering an appearance; and

(b) giving notice of having done so to the parties, the Law Officers with a potential interest (as defined in rule 4.8(3) above) and, in the case of a reference under paragraph 33 of Schedule 10, the court making the reference.

Appeals

4.12—(1) A person who desires to appeal to the Judicial Committee—

(a) under paragraph 30 of Schedule 10, or

(b) having obtained the necessary leave to appeal from the court appealed from, under paragraphs 10, 20 or 31 of Schedule 10,

shall lodge a petition of appeal within six weeks of the date on which the order appealed from was made or leave to appeal was granted, as the case may be.

(2) A person who desires to appeal to the Judicial Committee under paragraphs 10, 20 or 31 of Schedule 10, having obtained special leave to appeal from the Judicial Committee, shall lodge a petition of appeal within 14 days of the grant of special leave—

(3) The appellant shall serve a copy of the petition on all the other parties, on the First Minister and the deputy First Minister and on any Law Officer who is not already a party and who has a potential interest in the proceedings.

(4) The first Minister and the deputy First Minister (acting jointly) and any Law Officer who is served with a copy of a petition of appeal under this rule may intervene in the proceedings on the appeal in the Judicial Committee if within 14 days of service of the petition on him he enters an appearance and gives notice of having done so to the parties; and he shall thereupon become a respondent to the appeal.

(1)

1998 c. 47.

(2)

1998 c. 47.