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SCHEDULE 7 |
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DEVOLUTION ISSUES |
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PART I |
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PRELIMINARY |
| 1. - (1) In this Schedule "devolution issue" means- |
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(a) a question whether a purported or proposed exercise of any 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, incompatible with Community law or any of the Convention rights), or |
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(b) a question whether the Assembly has failed to comply with any Community obligation which is an obligation of the Assembly. |
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(2) In this Schedule "the Judicial Committee" means the Judicial Committee of the Privy Council. |
| 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. |