40Where a devolution issue arises as mentioned in sub-paragraph (1) of paragraph 39 and—
(a)the issue is referred to the Judicial Committee under paragraph 9 or 33; or
(b)the issue is determined by the Court of Appeal in Northern Ireland under paragraph 7 and—
(i)an appeal to the Committee against the determination is brought under paragraph 10; or
(ii)an application for special leave to bring such an appeal is made to the Committee under that paragraph,
sub-paragraphs (3) to (6) of paragraph 39 shall apply as if the references to the Court were references to the Committee.