Paragraph 40.2 Raising compatibility issues and devolution issues: solemn proceedingsF1

This rule applies to solemn proceedings.

In proceedings at first instance, where a party proposes to raise a compatibility issue or devolution issue he shall give written notice of his intention to do so by minute in Form 40.2.

The minute must be lodged with the clerk of court and served on the other parties no later than 14 clear days before the preliminary hearing or, as the case may be, first diet.

In proceedings on appeal (where the issue is being raised for the first time), where a party proposes to raise a compatibility issue or devolution issue he shall, subject to section 107 of the Act of 1995, do so in the note of appeal.