Sch. 6
Appeals from superior courts to Judicial Committee
12. An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 7 or 8 shall lie to the Judicial Committee.
13. An appeal against a determination of a devolution issue by―
- (a) a court of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 9), or
- (b) a court of three or more judges of the Court of Session from which there is no appeal to the House of Lords,
shall lie to the Judicial Committee, but only with leave of the court concerned or, failing such leave, with special leave of the Judicial Committee.
Part III
Proceedings in England and Wales
Application of Part III
14. This Part of this Schedule applies in relation to devolution issues in proceedings in England and Wales.
Institution of proceedings
15.—(1) Proceedings for the determination of a devolution issue may be instituted by the Attorney General.
(2) The Lord Advocate may defend any such proceedings.
(3) This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.
Notice of devolution issue
16. 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 Lord Advocate (unless the person to whom the notice would be given is a party to the proceedings).
17. A person to whom notice is given in pursuance of paragraph 16 may take part as a party in the proceedings, so far as they relate to a devolution issue.
Reference of devolution issue to High Court or Court of Appeal
18. A magistrates’ court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the High Court.
19.—(1) A court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Court of Appeal.
(2) Sub-paragraph (1) does not apply to―
- (a) a magistrates’ court, the Court of Appeal or the House of Lords, or
- (b) the High Court if the devolution issue arises in proceedings on a reference under paragraph 18.
20. 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.
