SECTION 98: Devolution issues.
Purpose and Effect
This section gives effect to Schedule 6 to the Act, which defines devolution issues and makes provision for the special procedures to apply where they arise in legal proceedings.
General
This section forms part of the set of provisions which deal with the power of the Judicial Committee of the Privy Council and the other courts in Scotland, England and Wales and Northern Ireland to deal with disputes about the vires (or legal competence) of Acts of the Scottish Parliament; secondary legislation made under its auspices; and actions of members of the Scottish Executive.
Section 102 provides for a court or tribunal to limit the retrospective effect, or suspend the effect, of a finding of ultra vires. Section 103 provides for the membership of the Judicial Committee in devolution cases and for the conferring of certain powers on the Judicial Committee in relation to such proceedings.
Details of Provisions
Section 98 simply introduces Schedule 6. See the separate note on Schedule 6 for further information.
