Paragraph 40.3 Raising compatibility issues and devolution issues: summary proceedingsF1
This rule applies to summary 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 40.3.
The minute must be lodged with the clerk of court and served on the other parties—
where an intermediate diet is to be held, before the first such diet; or
where such a diet is not to be held, no later than 14 clear days before the trial diet.
In proceedings on appeal (where the issue is being raised for the first time), where a party proposes to raise a compatibility issue he shall, subject to section 176 of the Act of 1995, do so in the application for a stated case.
Annotations
Textual amendments
- F1
Sch. 2 Ch. 40 substituted (22.4.2013) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2013 (S.S.I. 2013/72), paras. 1(2), 4(1) (with para. 5(2))
Notes on Chapter 40
Textual amendments
- F2
Words in Sch. 2 Ch. 40 heading substituted (16.7.2024) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024) 2024 (S.S.I. 2024/174), paras. 1(2), 2(3)(a)