SCHEDULES
I1SCHEDULE 8 Devolution issues
Part I Preliminary
1
1
In this Schedule “devolution issue” means—
a
a question whether a function is exercisable by the Assembly,
b
a question whether a purported or proposed exercise of a function by the Assembly is, or would be, within the powers of the Assembly (including a question whether a purported or proposed exercise of a function by the Assembly is, or would be, outside its powers by virtue of section 106(7) or 107(1)),
c
a question whether the Assembly has failed to comply with a duty imposed on it (including a question whether the Assembly has failed to comply with any obligation which is an obligation of the Assembly by virtue of section 106(1) or (6)), or
d
a question whether a failure to act by the Assembly is incompatible with any of the Convention rights.
2
In this Schedule—
a
“the Judicial Committee” means the Judicial Committee of the Privy Council, and
b
“civil proceedings” means any proceedings other than criminal proceedings.
2
A devolution issue shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious.
Sch. 8 in force at 1.12.1998 by S.I. 1998/2789, art. 2