16 January 2024
118.The words to which section 29 applies are words in an Act of the Scottish Parliament – but only if they are in the Act because:
they are the Act’s original words (that is, they were included in the Bill for the Act when it was passed by the Scottish Parliament, rather than being inserted later),
they are words inserted into the Act by the original words of another Act of the Scottish Parliament, or
they are words inserted into the Act by subordinate legislation made under a power conferred by a provision which does not derive from an Act of the UK Parliament (essentially, therefore, words inserted by subordinate legislation made under a power conferred by the Scottish Parliament).
119.Words inserted into an Act of the Scottish Parliament by an Act of the UK Parliament, or subordinate legislation made under such an Act, are therefore not subject to the interpretative duty set out in section 24(1) (and so do not require to be read and given effect in a way that is compatible with the UNCRC requirements, whether that is possible or not). Such words also cannot be struck down under section 25 or declared incompatible under section 26.