21
This Part of this Schedule applies in relation to devolution issues in proceedings in Scotland.
Northern Ireland Act 1998 Part IV — Proceedings in Scotland
Application of Part IV
Institution of proceedings
22
(1) Proceedings for the determination of a devolution issue may be instituted ... by the Advocate General for Scotland. (2) The Attorney General for Northern Ireland ... 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.
Intimation of devolution issue
23
Intimation of any devolution issue which arises in any proceedings before a court or tribunal shall be given to the Advocate General for Scotland and the Attorney General for Northern Ireland (unless the person to whom the intimation would be given is a party to the proceedings).
24
A person to whom intimation is given in pursuance of paragraph 23 ... may take part as a party in the proceedings, so far as they relate to a devolution issue.
Reference of devolution issue to higher court
25
A court, other than the Supreme Court or any court consisting of three or more judges of the Court of Session, may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Inner House of the Court of Session.
26
A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Inner House of the Court of Session; and any other tribunal may make such a reference.
27
A court, other than any court consisting of two or more judges of the High Court of Justiciary, may refer any devolution issue which arises in criminal proceedings before it to the High Court of Justiciary.
References from superior courts to Supreme Court
28
Any court consisting of three or more judges of the Court of Session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 25 or 26) to the Supreme Court .
29
Any court consisting of two or more judges of the High Court of Justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 27) to the Supreme Court .
Appeals from superior courts to Supreme Court
30
An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 25 or 26 shall lie to the Supreme Court .
31
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 27); or (b) a court of three or more judges of the Court of Session from which there is no appeal to the Supreme Court apart from this paragraph , shall lie to the Supreme Court , but only with permission of the court concerned or, failing such permission , with permission of the Supreme Court .
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