Article 3 Devolution issues
(1)
In each of rules 40.2, 40.3 and 40.4 (raising devolution issues) there is inserted (as paragraph (3a), paragraph (5) and paragraph (5) respectively)–
“()Where a relevant authority does not become a party to the proceedings at first instance the court may allow him to become a party to any subsequent appeal or reference to a higher court.”.