Article 4 Powers in devolution proceedings generally

(1)

Subject to the provisions of this Order–

(a)

the Judicial Committee shall, in relation to devolution proceedings, have all the powers, rights, privileges and authority as the appropriate superior court; and

(b)

any decision of the Judicial Committee may be enforced in the same manner as a decision of the appropriate superior court.

(2)

For the purposes of paragraph (1) and article 5(a) the term “the appropriate superior court” means–

(a)

in the case of an appeal or reference from a court in England and Wales or from the House of Lords in proceedings originating in England and Wales, the High Court;

(b)

in the case of an appeal or reference from a court in Scotland or from the House of Lords in proceedings originating in Scotland–

(i)

where the appeal or reference is in civil proceedings, the Court of Session; and

(ii)

where the appeal or reference is in criminal proceedings, the High Court of Justiciary;

(c)

in the case of an appeal or reference from a court in Northern Ireland or from the House of Lords in proceedings originating in Northern Ireland, the High Court in Northern Ireland.

(3)

In the case of references other than those mentioned in paragraph (2) the term “the appropriate superior court” in paragraph (1) means–

(a)

where the reference is under the Scotland Act 1998, the Court of Session;

(b)

where the reference is under the Government of Wales Act 1998, the High Court; and

(c)

where the reference is under the Northern Ireland Act 1998, the High Court in Northern Ireland.