Act of Adjournal (Devolution Issues Rules) 1999

Explanatory Note

(This note is not part of the Act of Adjournal)

This Act of Adjournal amends the Act of Adjournal (Criminal Procedure Rules) 1996 by adding a new Chapter 40 providing rules to regulate the procedure where a devolution issue (within the meaning of Schedule 6 to the Scotland Act 1998, Schedule 10 to the Northern Ireland Act 1998 and Schedule 8 to the Government of Wales Act 1998) arises in any proceedings.

It provides, in particular, for the time when a devolution issue should be raised. It also provides for time limits for intimation to and response by the relevant authority (in most cases the Lord Advocate and the Advocate General for Scotland) where a devolution issue is raised in criminal proceedings.

It regulates the procedure for making references of devolution issues to the High Court of Justiciary and to the Judicial Committee of the Privy Council. It enables the making of orders pending the determination of such a reference.

It enables the High Court of Justiciary to dispose of any matter in consequence of a judgment of the Judicial Committee on an appeal.

It regulates the giving of notice to those entitled to intervene where the court is considering making an order under section 102 of the Scotland Act or the corresponding provisions of the Northern Ireland and Wales legislation mitigating the effect of a decision that a provision of devolved legislation is invalid.