Sch. 6
21. A court, other than the House of Lords or the Court of Appeal, may refer any devolution issue which arises in criminal proceedings before it to—
- (a) the High Court (if the proceedings are summary proceedings), or
- (b) the Court of Appeal (if the proceedings are proceedings on indictment).
References from Court of Appeal to Judicial Committee
22. The Court of Appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 19, 20 or 21) to the Judicial Committee.
Appeals from superior courts to Judicial Committee
23. An appeal against a determination of a devolution issue by the High Court or the Court of Appeal on a reference under paragraph 18, 19, 20 or 21 shall lie to the Judicial Committee, but only with leave of the High Court or (as the case may be) the Court of Appeal or, failing such leave, with special leave of the Judicial Committee.
Part IV
Proceedings in Northern Ireland
Application of Part IV
24. This Part of this Schedule applies in relation to devolution issues in proceedings in Northern Ireland.
Institution of proceedings
25.—(1) Proceedings for the determination of a devolution issue may be instituted by the Attorney General for Northern Ireland.
(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
26. 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 for Northern Ireland and the Lord Advocate (unless the person to whom the notice would be given is a party to the proceedings).
27. A person to whom notice is given in pursuance of paragraph 26 may take part as a party in the proceedings, so far as they relate to a devolution issue.
Reference of devolution issue to Court of Appeal
28. A court, other than the House of Lords or the Court of Appeal in Northern Ireland, may refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland.
29. A tribunal from which there is no appeal shall refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland; and any other tribunal may make such a reference.
References from Court of Appeal to Judicial Committee
30. The Court of Appeal in Northern Ireland may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 28 or 29) to the Judicial Committee.
