SCHEDULES
SCHEDULE 6 Devolution issues
Part I Preliminary
1
In this Schedule “devolution issue” means—
a
a question whether an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament is within the legislative competence of the Parliament,
b
a question whether any function (being a function which any person has purported, or is proposing, to exercise) is a function of the Scottish Ministers, the First Minister or the Lord Advocate,
c
a question whether the purported or proposed exercise of a function by a member of the Scottish Executive is, or would be, within devolved competence,
d
a question whether a purported or proposed exercise of a function by a member of the Scottish Executive is, or would be, incompatible with any of the Convention rights or with F1EU law,
e
a question whether a failure to act by a member of the Scottish Executive is incompatible with any of the Convention rights or with F1EU law,
f
any other question about whether a function is exercisable within devolved competence or in or as regards Scotland and any other question arising by virtue of this Act about reserved matters.
F2But a question arising in criminal proceedings in Scotland that would, apart from this paragraph, be a devolution issue is not a devolution issue if (however formulated) it relates to the compatibility with any of the Convention rights or with EU law of
a
an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament,
b
a function,
c
the purported or proposed exercise of a function,
d
a failure to act.