Section 41: Relation to other courts etc

Constitutional Reform Act 2005 · 2005 c. 4View on legislation.gov.uk

Part 3: The Supreme Court

Nothing in this Part is to affect the distinctions between the separate legal systems of the parts of the United Kingdom.

A decision of the Supreme Court on appeal from a court of any part of the United Kingdom, other than a decision on a devolution matter, is to be regarded as the decision of a court of that part of the United Kingdom.

A decision of the Supreme Court on a devolution matter—

is not binding on that Court when making such a decision;
otherwise, is binding in all legal proceedings.

In this section "devolution matter" means—

a question referred to the Supreme Court under section ... 99 or 112 of the Government of Wales Act 2006, section 33 of the Scotland Act 1998 (c. 46) or section 11 of the Northern Ireland Act 1998 (c. 47);
a devolution issue as defined in Schedule 9 to the Government of Wales Act 2006 (c. 38), Schedule 6 to the Scotland Act 1998 or Schedule 10 to the Northern Ireland Act 1998.

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