When it is raised for the first time in the appeal proceedings, the plea that a legislative provision infringes the rights and freedoms guaranteed by the Constitution shall be presented in a separate written statement setting out the reasons on which it is based.
Where the decision refusing to refer the priority question of constitutionality is challenged in an appeal against the decision that ruled on the request in the course of the proceedings, the plea that a legislative provision infringes the rights and freedoms guaranteed by the Constitution shall also be presented in a separate written statement setting out the grounds on which it is based.