Section 41 Relation to other courts etc

United Kingdom

(1)

Nothing in this Part is to affect the distinctions between the separate legal systems of the parts of the United Kingdom.

(2)

A decision of the Supreme Court on appeal from a court of any part of the United Kingdom, other than a decision on a devolution matter, is to be regarded as the decision of a court of that part of the United Kingdom.

(3)

A decision of the Supreme Court on a devolution matter—

(a)

is not binding on that Court when making such a decision;

(b)

otherwise, is binding in all legal proceedings.

(4)

In this section “devolution matter” means—

(a)

a question referred to the Supreme Court under F1section F2... 99 or 112 of the Government of Wales Act 2006, section 33 of the Scotland Act 1998 (c. 46) or section 11 of the Northern Ireland Act 1998 (c. 47);

(b)

a devolution issue as defined in F3Schedule 9 to the Government of Wales Act 2006 (c. 38), Schedule 6 to the Scotland Act 1998 or Schedule 10 to the Northern Ireland Act 1998.

Annotations

Textual amendments

F1: Words in s. 41(4)(a) inserted (6.11.2009) by The Government of Wales Act 2006 (Consequential Modifications, Transitional Provisions and Saving) Order 2009 (S.I. 2009/2958), art. 7
F2: Word in s. 41(4)(a) omitted (5.5.2011) by virtue of The Government of Wales Act 2006 (Commencement of Assembly Act Provisions, Transitional and Saving Provisions and Modifications) Order 2011 (S.I. 2011/1011), arts. 2, 9
F3: Words in s. 41(4)(b) substituted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 111