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Paragraph 40.7 Intimation of ... devolution issues to the Advocate GeneralF1F2

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

(1)

Where a party raises a devolution issue in accordance with rule 40.2, rule 40.3 or rule 40.4 a copy of the document in which it is raised shall be served on the Advocate General.

(2)

A copy document served on the Advocate General under paragraph (1) shall be treated as intimation of the devolution issue arising in the proceedings as mentioned in paragraph 5 of Schedule 6.

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))

F2

Words in Sch. 2 rule 40.7 heading omitted (16.7.2024) by virtue of 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)(d)

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)