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Paragraph 40.4 Raising compatibility issues and devolution issues: other proceedingsF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This rule applies to criminal proceedings which are not proceedings on indictment or summary proceedings, including bills of advocation and bills of suspension.

(2)

Where a party to proceedings proposes to raise a compatibility issue or devolution issue he shall raise such an issue as a point of law in the pleadings.

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)