3
This Part of this Schedule applies in relation to devolution issues in proceedings in Northern Ireland.
Northern Ireland Act 1998 Part II — Proceedings in Northern Ireland
Application of Part II
Institution of proceedings
4
(1) Proceedings for the determination of a devolution issue may be instituted by the Advocate General for Northern Ireland or the Attorney General for Northern Ireland. (2) The Attorney General for Northern Ireland may defend any such proceedings instituted by the Advocate General for Northern Ireland . (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
5
A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Advocate General for Northern Ireland and the Attorney General for Northern Ireland (unless the person to whom the notice would be given is a party to the proceedings).
6
A person to whom notice is given in pursuance of paragraph 5 ... 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
7
A court, other than the Supreme Court 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.
8
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 Supreme Court
9
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 7 or 8) to the Supreme Court .
Appeals from Court of Appeal to Supreme Court
10
An appeal against a determination of a devolution issue by the Court of Appeal in Northern Ireland on a reference under paragraph 7 or 8 shall lie to the Supreme Court , but only with permission of the Court of Appeal in Northern Ireland or, failing such permission , with permission of the Supreme Court .
Back to Northern Ireland Act 1998 — full text
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