Rule 97 Devolution issuesI1

England, Wales and Scotland

(1)

Where a devolution issue arises, the Tribunal must as soon as practicable send notice of that fact and a copy of the claim form, response form and any reply—

(a)

if it is a Scottish devolution issue, to the Advocate General for Scotland and the Lord Advocate, or

(b)

if it is a Welsh devolution issue, to the Attorney General and the Counsel General to the Welsh Government,

unless they are a party to the proceedings.

(2)

A person to whom notice is sent may be treated as a party to the proceedings, so far as the proceedings relate to the devolution issue, if that person sends notice to the Tribunal within 14 days of receiving a notice under paragraph (1).

(3)

Any notices sent under paragraph (1) or (2) must at the same time be sent to the parties.

(4)

“Devolution issue” has the meaning given to it in paragraph 1 of Schedule 6 to the Scotland Act 1998^f1 (for the purposes of a Scottish devolution issue), and in paragraph 1 of Schedule 9 to the Government of Wales Act 2006^f2 (for the purposes of a Welsh devolution issue).

Annotations

Commencement

I1: Rule 97 in force at 6.1.2025 immediately after S.I. 2024/1156 comes into force, see rule 1(1)

Footnotes

f1: Paragraph 1 of Schedule 6 was amended by the Scotland Act 2012 (c. 11), sections 12(2)(a) and 36(4), the European Union (Withdrawal) Act 2018 (c. 16), Schedule 3, Part 3, paragraph 23 and S.I. 2022/357.
f2: Paragraph 1 of Schedule 9 was amended by the Senedd and Elections (Wales) Act 2020 (anaw 1), Schedule 1, paragraph 2.