Memorandum by the Northern
Ireland Court Service
1999 (S.R. 1999/491)
1. This Memorandum is submitted
at the request of the Joint Committee on Statutory Instruments
in response to their letter of 12 January 2000 in which they asked
for a Memorandum on the following point, arising in connection
with the above Rules:
11, explain the relevance of the reference to paragraph 7 of Schedule
10 to the Northern Ireland Act 1998 (reference of devolution issue
to Court of Appeal)".
2. Form 11 is the form of order
providing for the referral of a devolution issue from the Crown
Court to the Judicial Committee of the Privy Council. Such an
order would be made in accordance with paragraph 33 of Schedule
10 as reflected in rule 69(1) of the Rules. The reference in Form
11 to paragraph 7 of Schedule 10 is, therefore, an error. Paragraph
7 is irrelevant, relating as it does to the referral of a devolution
issue to the Court of Appeal. The correct reference should have
been to paragraph 33.
3. The Court Service apologises
for the unsatisfactory drafting and undertakes to correct the
error at the earliest opportunity.
12 January 2000