The Supreme Court Rules 2009

Devolution jurisdiction

41.—(1) Appeals or references under the Court’s devolution jurisdiction shall in general be dealt with in accordance with these Rules but the Court shall give special directions as and when necessary, and in particular as to—

(a) any question referred under section 33 of the Scotland Act 1998(1), section 11 of the Northern Ireland Act 1998(2) or section 96, 99 or 112 of the Government of Wales Act 2006(3),

(b) any reference of a devolution issue(4),

(c) any direct references under paragraph 33 or 34 of Schedule 6 to the Scotland Act 1998, paragraph 33 or 34 of Schedule 10 to the Northern Ireland Act 1998 or paragraph 29 or 30 of Schedule 9 to the Government of Wales Act 2006.

(2) A reference made by the relevant officer is made by filing the reference and by serving a copy on any other relevant officer who is not already a party and who has a potential interest in the proceedings.

(3) A reference must state the question or issue to be decided by the Court.

(4) The Registrar shall give notice of the question or issue to the appropriate relevant officer where that officer is not already a party to any proceedings.

(1)

1998 c. 46; section 33 provides for the scrutiny of proposed Acts of the Scottish Parliament by the Supreme Court.

(2)

1998 c. 47; section 11 provides for the scrutiny of proposed Acts of the Northern Ireland Assembly by the Supreme Court.

(3)

2006 c. 32; sections 96, 99 and 112 provide for the scrutiny of proposed Orders in Council, proposed Assembly Measures and proposed Acts of the National Assembly for Wales by the Supreme Court.

(4)

A devolution issue is defined in Schedule 6 to the Scotland Act 1998, Schedule 10 to the Northern Ireland Act 1998 and Schedule 9 to the Government of Wales Act 2006.