Paragraph 40.9 Appeals to the Supreme CourtF1
An application to the High Court under section 288AA(5) of the Act of 1995 (appeals to the Supreme Court: compatibility issues) F2, section 288AC(4) of that Act (appeals to the Supreme Court: UNCRC compatibility issues) or paragraph 13 of Schedule 6 (appeals to the Supreme Court: devolution issues) shall be in Form 40.9.
Where the Advocate General is not already a party to the proceeding, the applicant shall, at the same time as lodging the application, intimate a copy to the Advocate General.
Paragraph (2) does not apply to an application under section 288AC(4) of the Act of 1995.
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 40.9(1) inserted (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)(f)(i)
- F3
Sch. 2 rule 40.9(3) inserted (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)(f)(ii)
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)