OpenLegislation

Paragraph 40

United Kingdom

Where a devolution issue arises as mentioned in sub-paragraph (1) of paragraph 39 and—

(a)

the issue is referred to the F1Supreme Court under paragraph 9 or 33; or

(b)

the issue is determined by the Court of Appeal in Northern Ireland under paragraph 7 and—

(i)

an appeal to the Supreme Court against the determination is brought under paragraph 10; or

(ii)

an application for special leave to bring such an appeal is made to the Supreme Court under that paragraph,

sub-paragraphs (3) to (6) of paragraph 39 shall apply as if the references to the F2Court of Appeal were references to the Supreme Court .

Annotations

Textual amendments

F1

Words in Sch. 10 para. 40(a)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 119(a); S.I. 2009/1604, art. 2(a)(d)

F2

Words in Sch. 10 para. 40(a)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 119(b); S.I. 2009/1604, art. 2(a)(d)