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.
2
A devolution issue shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious.