Part V Miscellaneous and general

Juridical

101 Interpretation of Acts of the Scottish Parliament etc.

(1)

This section applies to—

(a)

any provision of an Act of the Scottish Parliament, or of a Bill for such an Act, and

(b)

any provision of subordinate legislation made, confirmed or approved, or purporting to be made, confirmed or approved, by a member of the Scottish Executive,

which could be read in such a way as to be outside competence.

(2)

Such a provision is to be read as narrowly as is required for it to be within competence, if such a reading is possible, and is to have effect accordingly.

(3)

In this section “competence”—

(a)

in relation to an Act of the Scottish Parliament, or a Bill for such an Act, means the legislative competence of the Parliament, and

(b)

in relation to subordinate legislation, means the powers conferred by virtue of this Act.