Scotland Act 1998

103 The Judicial Committee

(1) Any decision of the Judicial Committee in proceedings under this Act shall be stated in open court and shall be binding in all legal proceedings (other than proceedings before the Committee).

(2) No member of the Judicial Committee shall sit and act as a member of the Committee in proceedings under this Act unless he holds or has held—

(a) the office of a Lord of Appeal in Ordinary, or

(b) high judicial office as defined in section 25 of the [1876 c. 59.] Appellate Jurisdiction Act 1876 (ignoring for this purpose section 5 of the [1887 c. 70.] Appellate Jurisdiction Act 1887).

(3) Her Majesty may by Order in Council—

(a) confer on the Judicial Committee in relation to proceedings under this Act such powers as Her Majesty considers necessary or expedient,

(b) apply the [1833 c. 41.] Judicial Committee Act 1833 in relation to proceedings under this Act with exceptions or modifications,

(c) make rules for regulating the procedure in relation to proceedings under this Act before the Judicial Committee.

(4) In this section “proceedings under this Act” means proceedings on a question referred to the Judicial Committee under section 33 or proceedings under Schedule 6.