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 F4...,

e

a question whether a failure to act by a member of the Scottish Executive is incompatible with any of the Convention rightsF2...,

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.

F1But 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 F3a compatibility issue (within the meaning given by section 288ZA(2) of the Criminal Procedure (Scotland) Act 1995).