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Criminal Procedure (Scotland) Act 1995
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Changes over time for: Section 288ZA
Version Superseded: 31/12/2020
Alternative versions:
- 22/04/2013- Amendment
- 30/06/2014
Point in time - 31/12/2020- Amendment
- 31/03/2022- Amendment
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Point in time view as at 30/06/2014. This version of this provision has been superseded.
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Criminal Procedure (Scotland) Act 1995, Section 288ZA is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1[F2288ZARight of Advocate General to take part in proceedingsS
(1)The Advocate General for Scotland may take part as a party in criminal proceedings so far as they relate to a compatibility issue.
(2)In this section “compatibility issue” means a question, arising in criminal proceedings, as to—
(a)whether a public authority has acted (or proposes to act)—
(i)in a way which is made unlawful by section 6(1) of the Human Rights Act 1998, or
(ii)in a way which is incompatible with EU law, or
(b)whether an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament is incompatible with any of the Convention rights or with EU law.
(3)In subsection (2)—
(a)“public authority” has the same meaning as in section 6 of the Human Rights Act 1998;
(b)references to acting include failing to act;
(c)“EU law” has the meaning given by section 126(9) of the Scotland Act 1998.]]
Textual Amendments
F1Ss. 288A, 288B and cross-heading inserted (20.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 32(2) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(2), Sch. 4
F2S. 288ZA inserted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 34(3), 44(5); S.I. 2013/6, art. 2(a)
Modifications etc. (not altering text)
C1S. 288ZA(1) modified (22.4.2013) by The Scotland Act 2012 (Transitional and Consequential Provisions) Order 2013 (S.I. 2013/7), arts. 1(1), 8
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