Article 3 Raising of devolution issueI1
Northern Ireland
Where a party to any proceedings before a magistrates' court proposes to raise a devolution issue, he shall raise it either—
in the summons or notice of application or appeal in relation to the proceedings before the court; or
in a notice in Form 1, which shall be served by ordinary first class post on each of the other parties to the proceedings and on the clerk of petty sessionsF1....
Where a devolution issue has been raised in accordance with paragraph (1), the clerk of petty sessions shall as soon as is practicable cause the matter to be drawn to the attention of the court for the making of an order under paragraph 5 of Schedule 10 requiring notice of the devolution issue to be given to the Attorney General, the Attorney General for Northern Ireland and the appropriate Minister or department.
The notice to the Attorney General, the Attorney General for Northern Ireland and the appropriate Minister or department shall be in Form 2.
If the Attorney General, the Attorney General for Northern Ireland or the appropriate Minister or department wishes to become a party to the proceedings so far as they relate to the devolution issue, he or it shall within 14 days after receipt of the notice, or such longer period as a magistrates court may direct, give notice in Form 3 to the clerk of petty sessions; and a copy of such notice shall be served on each of the other parties.
Annotations
Textual amendments
- F1
Words in art. 3(1)(b) omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 27(1); S.R. 2016/387, art. 2(a)