Search Legislation

Convention Rights Proceedings (Amendment) (Scotland) Act 2009

Commentary on Sections

Section 1 – Limitation period for certain Convention rights proceedings

8.This section amends section 100 of the Scotland Act by inserting new subsections (3A) to (3E). Subsection (3A) explains what proceedings the time limit applies to. Subsection (3B) defines the time limit.

9.Subsection (3C) provides that the time limit does not apply to proceedings brought by the Law Officers. Subsection (3D) defines the word “act”. In terms of subsection (3A), the time limit will apply to proceedings premised on the ground that an “act” is incompatible with the Convention rights. As it is defined by subsection (3D) “act” does not include making legislation, therefore the time limit will not apply to proceedings challenging the Convention compatibility of subordinate legislation made by the Scottish Government. Subsection (3E) puts beyond doubt that the time limit will apply to proceedings brought on or after 2 November 2009, even if the act complained of took place before that date.

Section 2 – Commencement and short title

10.This section provides that the Act will come into force on the day after it receives Royal Assent and for its short title.

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources