The Judicial Committee (Devolution Issues) Rules Order 1999

• Citation: S.I. 1999/665
• Sections: 104

Section 1

This Order may be cited as the Judicial Committee (Devolution Issues) Rules Order 1999 and shall come into force as provided in article 4.

Section 2

The Rules set out in the Schedule to this Order shall have effect and may be cited as the Judicial Committee (Devolution Issues) Rules 1999.

Section 3

The Judicial Committee (General Appellate Jurisdiction) Rules shall not apply to matters falling within the scope of the Rules scheduled to this Order.

Section 4

This Order shall come into force as follows—

(a) Parts II and III of the Schedule on 6th May 1999;

(b) Part IV of the Schedule on the day appointed for the commencement of Parts II and III of the Northern Ireland Act 1998;

(c) articles 2 and 3 and Parts I and V of the Schedule on the same dat as Parts II and III of the Schedule, or on the same day as art IV , whichever is the earlier;

(d) save as aforesaid, on the day it is made.

Section 1.1 Application

(1) These rules apply to proceedings in the Judicial Committee of the Privy Council as follows.

(2) Parts I, II and V apply to proceedings under the Scotland Act 1998 .

(3) Parts I, III and V apply to proceedings under the Government of Wales Act 1998 .

(4) Parts I, IV and V apply to proceedings under the Northern Ireland Act 1998 .

Section 1.2 Interpretation

(1) In these rules, unless the context otherwise requires—

“appendix” means an appendix prepared pursuant to rules 5.21, 5.22 and 5.57;

“Board” means a Board of the Judicial Committee comprising a quorum (or more) of members of the Committee;

“Case” means a succinct written statement of a party’s argument prepared in accordance with rules 5.30, 5.31 and 5.56;

“counsel”, in relation to any proceedings, includes any person with a right of audience before the Judicial Committee in those proceedings;

“court” includes a tribunal;

“judgment” includes decree, order, sentence, decision, determination or declaration of any court, judge or judicial officer;

“Judicial Committee” means the Judicial Committee of the Privy Council;

“Law Officer” means the Attorney General, the Lord Advocate, the Advocate General for Scotland or the Attorney General for Northern Ireland;

“Registrar” means the Registrar of the Privy Council;

“Registry” means the Registry of the Judicial Committee, Downing Street, London SW1.;

“solicitor” includes a London agent;

“statement” means a statement of facts and issues prepared pursuant to rule 5.20.

(2) Where by these rules any step is required to be taken in connection with proceedings in the Judicial Committee, whether in the way of lodging a document, entering an appearance, lodging security, or otherwise, such step shall be taken in the Registry.

(3) Where a party is acting in person in any proceedings references in these rules to that party’s counsel or solicitor shall, except in rule 5.14(2), be construed as references to that party in person

Section 1.3 Lodgement and service

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(1) Documents need not be lodged personally but may not be lodged by facsimile transfer (“fax”), nor may service on a party be effected by fax unless and then only to the extent that that party has indicated that he is willing to accept service by that means. Notifications sent by fax should be followed by dispatch of the original to the recipient.

(2) Where under these rulesa petition or reference is to be lodged and served on another party the original petition or reference that is lodged shall be endordsed with a signed certificate of service accompanied by an affidavit of service.

Section 1.4 Conduct of litigation in the Judicial Committee

(1) Notwithstanding the Order in Council of 6th March 1896 relating to the admission of proctors, solicitors and agents to practise before the Privy Council, any person who has a right to conduct litigation in any of the superior courts of England and Wales, Scotland or Northern Ireland may conduct litigation in the Judicial Committee and no declaration or enrolment shall be required.

(2) Solicitors outside London may appoint London agents. Any additional costs incurred as a result of a decision not to do so may be disallowed on taxation.

Section 1.5 Mode of addressing petitions and references

All petitions, references and notices of motion shall be addressed to the Judicial Committee.

Section 1.6 Appearance by petitioner

A person who lodges a reference, or a petition of appeal shall also lodge a completed appearance form but shall not be required to pay any separate fee therefor.

Section 2.1 Interpretation of Part II

In this Part, except where the context otherwise requires, references by number to sections and to paragraphs of Schedule 6 are references to those provisions of the Scotland Act 1998 .

Section 2.2 References under section 33

(1) A reference by a Law Officer to the Judicial Committee under section 33 shall be made by—

(a) lodging the reference, and

(b) serving a copy on the other Law Officers,

within the time limits specified in section 33(2).

(2) The reference shall state—

(a) the question to be determined with respect to the Bill to which the reference relates,

(b) whether it applies to the whole Bill or to a provision of it.

(3) The reference shall have annexed to it a copy of the Bill to which it relates.

(4) In this and the next two rules “Law Officer” does not include the Attorney General for Northern Ireland.

Section 2.3 References under section 33

Any Law Officer (other than the one making the reference) who wishes to participate in the proceedings shall within 14 days of service of the reference on him enter an appearance and serve notice of having done so on the other Law Officers; and he shall thereupon become a respondent to the proceedings.

Section 2.4 References under section 33

(1) The Law Officer making the reference shall, within 14 days of lodging it, lodge a Case with respect to the question referred.

(2) The referring Law Officer’s Case shall include a copy of any statement made in relation to the Bill in accordance with section 31 and any relevant extracts from the Official Report of proceedings in the Parliament.

(3) Any other Law Officer who is participating in the proceedings shall lodge a Case with respect to the question referred within 14 days of entering an appearance.

Section 2.5 References under paragraph 34 of Schedule 6

(1) A reference by a Law Officer to the Judicial Committee under paragraph 34 of Schedule 6 shall be made by lodging the reference and serving a copy on the other Law Officers.

(2) The reference shall state the question to be determined.

(3) In a case to which paragraph 35 of Schedule 6 applies the reference shall be accompanied by a certificate that paragraph 35(2) has been complied with.

Section 2.6 References under paragraph 34 of Schedule 6

Any Law Officer (other than the one making the reference) who wishes to participate in the proceedings shall enter an appearance within 14 days of service of the reference on him and serve notice of having done so on the other Law Officers; and he shall thereupon become a respondent to the proceedings.

Section 2.7 References under paragraph 34 of Schedule 6

(1) Each party to the proceedings shall lodge a Case with respect to the question referred.

(2) The Law Officer making the reference shall lodge his Case within two months of lodging the reference, and each respondent shall lodge his Case within two months of entering an appearance.

Section 2.8 Reference by courts

(1) A reference to the Judicial Committee under paragraph 10, 11, 22, 30, 32 or 33 of Schedule 6 shall be made by lodging the reference.

(2) The court lodging the reference shall serve copies of it on the parties and on any Law Officer who is not already a party and who has a potential interest in the proceedings.

(3) For the purposes of this rule and rules 2.10, 2.11 and 2.12 Law Officers shall be regarded as having a potential interest as follows—

(a) where the reference or appeal is from a court in Scotland or from the House of Lords in Scottish proceedings, the Lord Advocate and the Advocate General;

(b) where the reference or appeal is from a court in England and Wales or from the House of Lords in proceedings that originated in England and Wales, the Attorney General and the Lord Advocate;

(c) where the reference or appeal is from a court in Northern Ireland or from the House of Lords in proceedings that originated in Northern Ireland, the Attorney General for Northern Ireland and the Lord Advocate.

Section 2.9 Reference by courts

(1) The reference shall set out the following—

(a) the question referred;

(b) the addresses of the parties;

(c) the name and address of the person who applied for or required the reference to be made;

(d) a concise statement of the background to the matter including—

(i) the facts of the case, including any relevant findings of fact by the referring court or lower courts; and

(ii) the main issues in the case and the contentions of the parties with regard to them;

(e) the relevant law, including the relevant provisions of the Scotland Act 1998 ;

(f) the reasons why an answer to the question is considered necessary for the purpose of disposing of the proceedings.

(2) All judgments already given in the proceedings, including copies of any interlocutors and any notes attaching to such interlocutors, shall be annexed to the reference.

Section 2.10 Reference by courts

(1) Any party to the proceedings in the court making the reference who intends to participate in the proceedings in the Judicial Committee shall within 14 days of service of the copy reference on him—

(a) enter an appearance; and

(b) give notice to the other parties that he has done so.

(2) Any party who does not intend to participate shall give notice in writing to the Registry and the other parties accordingly.

(3) Where notice has to be given under this rule it shall also be given to any Law Officer who is not already a party and who has a potential interest in the proceedings.

Section 2.11 Reference by courts

(1) Any Law Officer who is not already a party to the proceedings may intervene in the proceedings on the reference by taking the steps specified in paragraph (2) below within 14 days; and he shall thereupon become a party to the proceedings or the reference.

(2) The steps are—

(a) entering an appearance; and

(b) giving notice of having done so to the parties, the Law Officers with a potential interest (as defined in rule 2.8(3) above) and, in the case of a reference under paragraph 33 of Schedule 6, the court making the reference.

Section 2.12 Appeals

(1) A person who desires to appeal to the Judicial Committee—

(a) under paragraph 12 of Schedule 6, or

(b) having obtained the necessary leave to appeal from the court appealed from, under paragraphs 13, 23 or 31 of Schedule 6,

shall lodge a petition of appeal within six weeks of the date on which the order appealed from was made or leave to appeal was granted, as the case may be.

(2) A person who desires to appeal to the Judicial Committee under paragraphs 13, 23 or 31 of Schedule 6, having obtained special leave to appeal from the Judicial Committee, shall lodge a petition of appeal within 14 days of the grant of special leave.

(3) The appellant shall serve a copy of the petition on all the other parties and on any Law Officer who is not already a party and who has a potential interest in the proceedings.

(4) Any Law Officer who is served with a copy of a petition of appeal under this rule may intervene in the proceedings on the appeal in the Judicial Committee if within 14 days of service of the petition on him he enters an appearance and gives notice of having done so to the parties; and he shall thereupon become a respondent to the appeal.

Section 3.1 Interpretation of Part III

In this Part, except where the context otherwise requires, references by number to paragraphs are references to the paragraphs so numbered in Schedule 8 to the Government of Wales Act 1998 .

Section 3.2 References under paragraph 31(1)

(1) A reference by the Attorney General or the Assembly of a devolution issue to the Judicial Committee under paragraph 31(1) shall be made by lodging the reference and serving a copy on the other (“the respondent”).

(2) The reference shall state the question to be determined.

(3) In a case to which paragraph 31(2) applies the reference shall be accompanied by a certificate that paragraph 31(2)(a) has been complied with.

Section 3.3 References under paragraph 31(1)

The respondent shall within 14 days either—

(a) if he intends to participate in the proceedings, enter an appearance; or

(b) if not, give notice to the Registry to that effect;

and notify the originating party accordingly.

Section 3.4 References under paragraph 31(1)

(1) The originating party and (if participating in the proceedings) the respondent shall each lodge a Case with respect to the question referred.

(2) The originating party shall lodge his Case within two months of lodging the reference and the respondent shall lodge his Case within two months of entering an appearance.

Section 3.5 References by courts

(1) A reference to the Judicial Committee under paragraph 10, 18, 19, 27, 29 or 30 shall be made by lodging the reference in the Registry.

(2) The court lodging the reference shall serve a copy of it on—

(a) the parties;

(b) the Assembly, if it is not already a party; and

(c) the relevant Law Officer, if he is not already a party.

(3) In this rule and in rules 3.7, 3.8 and 3.9 “relevant Law Officer” means—

(a) where the reference or appeal is from a court in England and Wales or from the House of Lords in proceedings that originated in England and Wales, the Attorney General;

(b) where the reference or appeal is from a court in Scotland or from the House of Lords in Scottish proceedings, the Advocate General for Scotland;

(c) where the reference or appeal is from a court in Northern Ireland or from the House of Lords in proceedings that originated in Northern Ireland, the Attorney General for Northern Ireland.

Section 3.6 References by courts

(1) The reference shall set out the following:

(a) the question referred;

(b) the addresses of the parties;

(c) the name and address of the person who applied for or required the reference to be made;

(d) a concise statement of the background to the matter including—

(i) the facts of the case, including any relevant findings of fact by the referring court or lower courts; and

(ii) the main issues in the case and the contentions of the parties with regard to them;

(e) the relevant law, including the relevant provisions of the Government of Wales Act 1998 ;

(f) the reasons why an answer to the question is considered necessary for the purpose of disposing of the proceedings.

(2) All judgments already given in the proceedings shall be annexed to the reference.

Section 3.7 References by courts

(1) Any party to the proceedings in the court making the reference who intends to participate in the proceedings in the Judicial Committee shall within 14 days of service of the copy reference on him—

(a) enter an appearance; and

(b) give notice to the other parties that he has done so.

(2) Any party who does not intend to participate shall give notice in writing to the Registry and the other parties accordingly.

(3) Where notice has to be given under this rule, it shall also be given to the relevant Law Officer and the Assembly even if they are not parties.

Section 3.8 References by courts

(1) Unless they are already parties to the proceedings, the Assembly and the relevant Law Officer may intervene in the proceedings on the reference in accordance with this rule; and he shall thereupon become a party to the proceedings on the reference.

(2) The intervener shall within 14 days of service of the copy reference on him—

(a) enter an appearance; and

(b) give notice of the fact to the parties, to the other person who may intervene under this rule and, in the case of a reference under paragraph 30, to the court making the reference.

Section 3.9 Appeals

(1) A person who desires to appeal to the Judicial Committee—

(a) under paragraph 20, or

(b) having obtained leave to appeal from the court appealed from, under paragraphs 11, 21 or 28,

shall lodge a petition of appeal within six weeks of the date on which the order appealed from was made or leave to appeal was granted, as the case may be.

(2) A person who desires to appeal to the Judicial Committee under paragraphs 11, 21 or 28, having obtained special leave to appeal from the Judicial Committee, shall lodge a petition of appeal within 14 days of the grant of special leave.

(3) The appellant shall serve a copy of the petition on all the other parties and, if not already a party, on the Assembly and the relevant Law Officer.

(4) Unless already a party to the proceedings, the Assembly and the relevant Law Officer may intervene in the proceedings on the appeal in the Judicial Committee if within 14 days of service of the petition on him he enters an appearance and gives notice of the fact to the parties and the other person with a right to intervene under this rule; and he shall thereupun become a respondent to the appeal.

Section 4.1 Interpretation of Part IV

(1) In this Part, except where the context otherwise requires, references by number to sections and to paragraphs of Schedule 10 are references to those provisions of the Northern Ireland Act 1998 .

(2) Where the First Minister and, deputy First Minister have made a determination under paragraph 36 of Schedule 10, references in this Part to the First Minister and the deputy First Minister shall, in relation to proceedings specified in the determination, be construed as references to the Minister or Northern Ireland department so specified.

Section 4.2 References under section 11

(1) A reference by the Attorney General for Northern Ireland to the Judicial Committee under section 11(1) shall be made—

(a) by lodging the reference; and

(b) serving copies and giving notice of it in accordance with paragraph (3) below;

within the time limits specified in section 11(2).

(2) The reference shall state the question to be determined with respect to the Bill to which the reference relates and shall have annexed to it—

(a) a copy of the Bill; and

(b) a copy of the section 9 statement.

(3) A copy of the reference shall be served on each of the following—

(a) the First Minister;

(b) the deputy First Minister; and

(c) if the section 9 statement was made by another Minister, that Minister;

and written notice of the reference, together with a copy of it, shall be given to the Presiding Officer.

(4) In this rule “section 9 statement” means the statement made pursuant to section 9 in relation to the Bill to which the reference relates.

(5) In this and the next rule “Law Officer” does not include the Lord Advocate.

Section 4.3 References under section 11

If the First Minister and the deputy First Minister (acting jointly) or any Law Officer (other than the Attorney General for Northern Ireland) wishes to participate in the proceedings he shall within 14 days of service of the reference on him enter an appearance and serve notice of having done so on the Attorney General for Northern Ireland; and any person entering an appearance in accordance with this rule shall thereupon become a respondent to the proceedings.

Section 4.4 References under section 11

(1) The Attorney General for Northern Ireland shall, within 14 days of lodging the reference, lodge a Case setting out his legal arguments with respect to the question referred.

(2) Any other person who has become a respondent to the proceedings in accordance with rule 4.3 shall lodge a Case setting out his legal arguments within 14 days of entering an appearance.

Section 4.5 References under paragraph 34 of Schedule 10

(1) A reference to the Judicial Committee under paragraph 34 of Schedule 10 shall be made by lodging a reference and serving copies in accordance with paragraph (3) below.

(2) The reference shall state the question to be determined.

(3) In a case to which paragraph 35 of Schedule 10 applies, the reference shall be accompanied by a certificate that paragraph 35(2) has been complied with.

(4) Copies of the reference shall be served—

(a) where the reference is made by a Law Officer, on the other Law Officers mentioned in paragraph 34 of Schedule 10 and on the First Minister and the deputy First Minister;

(b) where the reference is made by the First Minister and, deputy First Minister acting jointly, on all the Law Officers mentioned in paragraph 34 of Schedule 10.

Section 4.6 References under paragraph 34 of Schedule 10

If a person on whom a copy of a reference must be served pursuant to rule 4.5(4) wishes to participate in the proceedings he shall enter an appearance in the Registry within 14 days of service of the reference on him and serve notice of having done so on all the other such persons and on the person making the reference; and any person entering an appearance in accordance with this rule shall thereupon become a respondent to the proceedings.

Section 4.7 References under paragraph 34 of Schedule 10

(1) Each party to the proceedings shall lodge a Case with respect to the question referred.

(2) The person making the reference shall lodge his Case within two months of lodging the reference, and each respondent shall lodge his Case within two months of entering an appearance.

Section 4.8 References by courts

(1) A reference to the Judicial Committee under paragraph 9, 19, 28, 29, 32 or 33 of Schedule 10 shall be made by lodging the reference.

(2) The court lodging the reference shall serve copies of it on the parties, on the First Minister and the deputy First Minister and on any Law Officer who is not already a party and who has a potential interest in the proceedings.

(3) For the purposes of this rule and rules 4, 10, 4.11 and 4.12 Law Officers shall be regarded as having a potential interest as follows:

(a) where a reference or appeal is from a court in Northern Ireland or from the House of Lords in proceedings that originated in Northern Ireland, the Attorney General for Northern Ireland and the Attorney General;

(b) where the reference or appeal is from a court in England and Wales or from the House of Lords in proceedings that originated in England and Wales, the Attorney General;

(c) where the reference or appeal is from a court in Scotland or from the House of Lords in Scottish proceedings, the Attorney General for Northern Ireland and the Lord Advocate.

Section 4.9 References by courts

(1) The reference shall set out the following:

(a) the question referred;

(b) the addresses of the parties;

(c) the name and address of the person who applied for or required the reference to be made;

(d) a concise statement of the background to the matter including—

(i) the facts of the case, including any relevant findings of fact by the referring court or lower courts;

(ii) the main issues in the case and the contentions of the parties with regard to them;

(e) the relevant law, including the relevant provisions of the Northern Ireland Act 1998 ;

(f) the reason why an answer to the question is considered necessary for the purpose of disposing of the proceedings.

(2) All judgments already given in the proceedings shall be annexed to the reference.

Section 4.10 References by courts

(1) Any party to the proceedings in the court making the reference who intends to participate in the proceedings in the Judicial Committee shall within 14 days of service of the copy reference on him—

(a) enter an appearance; and

(b) give notice to the other parties that he has done so.

(2) Any party who does not intend to participate shall give notice in writing to the Registry and the other parties accordingly.

(3) Where notice has to be given under this rule it shall also be given to the First Minister and the deputy First Minister and to any Law Officer who is not already a party and who has a potential interest in the proceedings.

Section 4.11 References by courts

(1) The First Minister and the deputy First Minister (acting jointly) and any Law officer who is not already a party to the proceedings may intervene in the proceedings on the reference by taking the steps specified in paragraph (2) below within 28 days of service of the copy reference on him; and he shall thereupon become a party to the proceedings on the reference.

(2) The steps are—

(a) entering an appearance; and

(b) giving notice of having done so to the parties, the Law Officers with a potential interest (as defined in rule 4.8(3) above) and, in the case of a reference under paragraph 33 of Schedule 10, the court making the reference.

Section 4.12 Appeals

(1) A person who desires to appeal to the Judicial Committee—

(a) under paragraph 30 of Schedule 10, or

(b) having obtained the necessary leave to appeal from the court appealed from, under paragraphs 10, 20 or 31 of Schedule 10,

shall lodge a petition of appeal within six weeks of the date on which the order appealed from was made or leave to appeal was granted, as the case may be.

(2) A person who desires to appeal to the Judicial Committee under paragraphs 10, 20 or 31 of Schedule 10, having obtained special leave to appeal from the Judicial Committee, shall lodge a petition of appeal within 14 days of the grant of special leave—

(3) The appellant shall serve a copy of the petition on all the other parties, on the First Minister and the deputy First Minister and on any Law Officer who is not already a party and who has a potential interest in the proceedings.

(4) The first Minister and the deputy First Minister (acting jointly) and any Law Officer who is served with a copy of a petition of appeal under this rule may intervene in the proceedings on the appeal in the Judicial Committee if within 14 days of service of the petition on him he enters an appearance and gives notice of having done so to the parties; and he shall thereupon become a respondent to the appeal.

Section 5.1

(1) Special leave to appeal to the Judicial Committee may be sought only if leave to appeal has been applied for and refused by the court below.

(2) The provisions of this chapter apply, with necessary modifications, to petitions for special leave to cross-appeal as they apply to petitions for special leave to appeal.

Section 5.2 Time limits

(1) A petition for special leave to appeal shall be lodged within 28 days of the date on which the judgment appealed from was made.

(2) A petition lodged after the prescribed time limit has expired must state that it is out of time.

(3) A petition for special leave to appeal out of time shall first set out the reasons why the petition was not lodged within the time limit. The reasons should not normally exceed a paragraph in length.

(4) A petition for special leave to appeal lodged more than three months after the date of the judgment appealed from will be allowed only in exceptional circumstances.

Section 5.3 Form of petition

(1) A petition for special leave to appeal shall—

(a) briefly set out the facts and points of law involved in the appeal;

(b) conclude with a summary of the reasons why special leave to appeal should be granted; and

(c) not normally be accompanied by supporting documents except those specified in rule 5.7(1).

(2) Amendments to existing petitions and supplementary petitions will be allowed only in exceptional circumstances.

Section 5.4 Form of petition

Petitions must be—

(a) set out in numbered paragraphs; and

(b) signed by the petitioners or their counsel or solicitors.

Section 5.5 Form of petition

In any petition where in the courts below the title used for the proceedings has been such as to conceal the identity of any person this fact should be clearly drawn to the attention of the Registry at the time the petition is lodged, so that the title adopted in the Judicial Committee may take due account of the need to protect the identity of the person in question.

Section 5.6 Service of petition

A copy of the petition must be served on the respondents.

Section 5.7 Lodgement of petition

(1) The original and six copies of the petition must be lodged in the Registry, together with seven copies of each of the following—

(a) the order appealed from;

(b) the judgment appealed from; and

(c) if separate, the order of the court below refusing leave to appeal to the Judicial Committee.

(2) If the judgment and orders are not immediately available, the petition should be lodged in time and the judgment and orders lodged as soon as possible thereafter.