PART 6 POWER TO MAKE REMEDIAL ORDERS
12 Remedial orders
1
In the circumstances set out in subsection (2) below, the Scottish Ministers may, by order (in this Part of this Act, a “remedial order”), make such provision as they consider necessary or expedient in consequence of—
a
an Act of Parliament or an Act of the Scottish Parliament;
b
any subordinate legislation made under any such Act;
c
any provision of any such Act or subordinate legislation; or
d
any exercise or purported exercise of functions by a member of the Scottish Executive,
which is or may be incompatible with any of the Convention rights.
2
Those circumstances are that the Scottish Ministers are of the opinion that there are compelling reasons for making a remedial order as distinct from taking any other action.
3
A remedial order may—
a
make different provision for different purposes;
b
relate to—
i
all cases to which the power to make it extends;
ii
those cases subject to specified exceptions; or
iii
any particular case or class of case;
c
make—
i
any supplementary, incidental or consequential provision; or
ii
any transitory, transitional or saving provision,
which the Scottish Ministers consider necessary or expedient;
d
modify any enactment or prerogative instrument or any other instrument or document relating to the exercise or purported exercise of functions by the Scottish Ministers;
e
make provision (other than provision creating criminal offences or increasing the punishment for criminal offences) which has retrospective effect;
f
provide for the delegation of functions.
4
A remedial order shall not, however, create any criminal offence punishable—
a
on summary conviction, with imprisonment for a period exceeding three months or with a fine exceeding the amount specified as level 5 on the standard scale;
b
on conviction on indictment, with a period of imprisonment exceeding two years.
5
The conferring by subsection (1) above of the power to make remedial orders does not prejudice the extent of any other power.