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PART II |
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PROCEEDINGS IN ENGLAND AND WALES |
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Application of Part II |
| | 3. This Part of this Schedule applies in relation to devolution issues in proceedings in England and Wales.
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Institution of proceedings |
| | 4. - (1) Proceedings for the determination of a devolution issue may be instituted by the Attorney General.
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(2) Sub-paragraph (1) does not limit any power to institute proceedings exercisable apart from that sub-paragraph by any person.
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Notice of devolution issue |
| | 5. - (1) A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General and the Assembly (unless a party to the proceedings).
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(2) A person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.
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Reference of devolution issue to High Court or Court of Appeal |
| | 6. A magistrates' court may refer any devolution issue which arises in civil proceedings before it to the High Court.
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| | 7. - (1) A court may refer any devolution issue which arises in civil proceedings before it to the Court of Appeal.
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(2) Sub-paragraph (1) does not apply-
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(a) to a magistrates' court, the Court of Appeal or the House of Lords, or |
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(b) to the High Court if the devolution issue arises in proceedings on a reference under paragraph 6. |
| | 8. A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Court of Appeal; and any other tribunal may make such a reference.
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| | 9. A court, other than the Court of Appeal or the House of Lords, may refer any devolution issue which arises in criminal proceedings before it to-
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(a) the High Court if the proceedings are summary proceedings, or |
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(b) the Court of Appeal if the proceedings are proceedings on indictment. |
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References from Court of Appeal to Judicial Committee |
| | 10. The Court of Appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7, 8 or 9) to the Judicial Committee.
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Appeals from superior courts to Judicial Committee |
| | 11. An appeal against a determination of a devolution issue by the High Court or the Court of Appeal on a reference under paragraph 6, 7, 8 or 9 shall lie to the Judicial Committee, but only-
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(a) with leave of the High Court, or of the Court of Appeal, or |
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(b) failing such leave, with special leave of the Judicial Committee. |
