40

Where a devolution issue arises as mentioned in sub-paragraph (1) of paragraph 39 and— a the issue is referred to the Supreme 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 Court of Appeal were references to the Supreme Court .