Part V
(4) Where a court or tribunal is considering whether to make an order under this section, it shall order intimation of that fact to be given to—
- (a) the Lord Advocate, and
- (b) the appropriate law officer, where the decision mentioned in subsection (1) relates to a devolution issue (within the meaning of Schedule 6),
unless the person to whom the intimation would be given is a party to the proceedings.
(5) A person to whom intimation is given under subsection (4) may take part as a party in the proceedings so far as they relate to the making of the order.
(6) Paragraphs 36 and 37 of Schedule 6 apply with necessary modifications for the purposes of subsections (4) and (5) as they apply for the purposes of that Schedule.
(7) In this section—
- “intimation” includes notice,
- “the appropriate law officer” means—
- (a) in relation to proceedings in Scotland, the Advocate General,
- (b) in relation to proceedings in England and Wales, the Attorney General,
- (c) in relation to proceedings in Northern Ireland, the Attorney General for Northern Ireland.
The Judicial Committee. 103.—(1) Any decision of the Judicial Committee in proceedings under this Act shall be stated in open court and shall be binding in all legal proceedings (other than proceedings before the Committee).
(2) No member of the Judicial Committee shall sit and act as a member of the Committee in proceedings under this Act unless he holds or has held—
- (a) the office of a Lord of Appeal in Ordinary, or
- (b) high judicial office as defined in section 25 of the 1876 c. 59.
1887 c. 70.Appellate Jurisdiction Act 1876 (ignoring for this purpose section 5 of the Appellate Jurisdiction Act 1887).
(3) Her Majesty may by Order in Council—
- (a) confer on the Judicial Committee in relation to proceedings under this Act such powers as Her Majesty considers necessary or expedient,
- (b) apply the 1833 c. 41.Judicial Committee Act 1833 in relation to proceedings under this Act with exceptions or modifications,
- (c) make rules for regulating the procedure in relation to proceedings under this Act before the Judicial Committee.
(4) In this section “proceedings under this Act” means proceedings on a question referred to the Judicial Committee under section 33 or proceedings under Schedule 6.
