# Act of Adjournal (Criminal Procedure Rules) 1996, Paragraph 40.10: Reference of compatibility issues and devolution issues to the High Court


(1) This rule applies where a court, other than a court consisting of two or more judges of the High Court of Justiciary decides or, as the case may be, is required to refer—
(a) a compatibility issue to the High Court of Justiciary under section 288ZB(1) or (2) or section 288AB(3) or (4) of the Act of 1995;
(b) a devolution issue to the High Court of Justiciary under paragraph 9 of Schedule 6.
(2) The court shall—
(a) pronounce an order giving directions to the parties about the manner and time in which the reference is to be drafted;
(b) give its reasons for making the reference and cause those reasons to be recorded in the record or minutes of proceedings, as the case may be;
(c) give written notice of the reference to the Advocate General where the reference relates to a devolution issue and the Advocate General is not already a party to the proceedings;
(d) continue the proceedings from time to time as necessary for the purposes of the reference.
(3) The reference shall—
(a) be adjusted at the sight of the court in such manner as the court may direct;
(b) after approval and the making of an appropriate order by the court (after the expiry of any period for appeal) be transmitted by the clerk of court to the Clerk of Justiciary with a certified copy of the record or minutes of proceedings, as the case may be, and, where applicable a certified copy of the relevant indictment or complaint.

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Source: https://www.legislation.gov.uk/uksi/1996/513/schedule/2/paragraph/40.10 (the official version)
Page: https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996/schedule-2/paragraph-40.10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.