SCHEDULES
SCHEDULE 10 Devolution issues
Part V General
Direct references to F1Supreme Court
33
The Attorney General, F5the Advocate General for Northern Ireland, the Attorney General for Northern Ireland or the Advocate General for Scotland may require any court or tribunal to refer to the F2Supreme Court any devolution issue which has arisen in proceedings before it to which he is or they are a party.
34
35
1
This paragraph applies where a reference is made under paragraph 34 in relation to a devolution issue which relates to the proposed exercise of a function by a Northern Ireland Minister or department.
2
The person making the reference shall notify the Northern Ireland Minister or department of that fact.
3
No Northern Ireland Minister or department shall exercise the function in the manner proposed during the period beginning with the receipt of the notification under sub-paragraph (2) and ending with the reference being decided or otherwise disposed of.
4
Proceedings relating to any possible failure by a Northern Ireland Minister or department to comply with sub-paragraph (3) may be instituted by the F4Advocate General for Northern Ireland .
5
Sub-paragraph (4) is without prejudice to any power to institute proceedings exercisable apart from that sub-paragraph by any person.
Words in cross-heading preceding Sch. 10 para. 33 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 118(3); S.I. 2009/1604, art. 2(a)(d)