Rule 2 Specification of devolution issue

Northern Ireland

(1)

A party raising a devolution issue shall specify—

(a)

if he is a plaintiff, petitioner or applicant, in the originating process;

(b)

if he is an appellant, in the notice of appeal;

(c)

if he is a defendant or a respondent to a petition, application or appeal, or in any other case, on a notice in Form 109A,

the facts and circumstances and points of law on the basis of which it is alleged that the devolution issue arises in sufficient detail to enable the court to determine whether a devolution issue arises in the proceedings.

(2)

A notice in Form 109A shall be delivered to the chief clerk and served on each of the other parties to the proceedings—

(a)

at the same time as any notice of intention to defend is so delivered and served; or

(b)

in a case where there is no notice of intention to defend, as soon as practicable after notice of the proceedings has been received.

Notes on Part [ ORDER 23A

Footnotes

f1: Order 23A inserted by S.R. 1999 No. 490 with effect from 17.01.00