Devolution Issues Rules
The Act of Adjournal (Devolution Issues Rules) 1999 came into force on 6 May 1999. It amends the Act of Adjournal (Criminal Procedure Rules) 1996 by adding a new Chapter 40 providing rules to regulate the procedure where a devolution issue (within the meaning of Schedule 6 to the Scotland Act 1998, Schedule 10 to the Northern Ireland Act 1998 and Schedule 8 to the Government of Wales Act 1998) arises in any proceedings.
The new Chapter 40 is reproduced here pending the official publication of the Act of Adjournal by H.M.S.O. Readers should note that this is a temporary measure to assist the legal profession and that this is not an official publication. Link to Text of Chapter 40
The Act of Adjournal provides, in particular, for the time when a devolution issue should be raised. It also provides for time limits for intimation to and response by the relevant authority (in most cases the Lord Advocate and the Advocate General for Scotland) where a devolution issue is raised in criminal proceedings.
It regulates the procedure for making references of devolution issues to the High Court of Justiciary and to the Judicial Committee of the Privy Council. It enables the making of orders pending the determination of such a reference.
It regulates the giving of notice to those entitled to intervene where the court is considering making an order under section 102 of the Scotland Act or the corresponding provisions of the Northern Ireland and Wales legislation mitigating the effect of a decision that a provision of devolved legislation is invalid.
Similar rules regulating procedure when a devolution issues arises in proceedings in the Court of Session can be found in the Court of Session Rules pages of this web site. The devolution issues rules are in Chapter 25A of the Rules of the Court of Session.