Chwilio Deddfwriaeth

Scotland Act 1998

Changes over time for: SCHEDULE 6

 Help about opening options

Version Superseded: 31/12/2020

Status:

Point in time view as at 22/04/2013.

Changes to legislation:

There are currently no known outstanding effects for the Scotland Act 1998, SCHEDULE 6. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 98.

SCHEDULE 6U.K. Devolution issues

This Atodlen has no associated Nodiadau Esboniadol

Part IU.K. Preliminary

1U.K.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 [F1Scottish Government] is, or would be, within devolved competence,

(d)a question whether a purported or proposed exercise of a function by a member of the [F1Scottish Government] is, or would be, incompatible with any of the Convention rights or with [F2EU] law,

(e)a question whether a failure to act by a member of the [F1Scottish Government] is incompatible with any of the Convention rights or with [F2EU] 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.

[F3 But 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.]

Textual Amendments

F1Words in Act substituted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 12(2)(a), 44(5) (with s. 12(3)); S.I. 2012/1710, art. 2(f)

F3Words in Sch. 6 para. 1 inserted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 36(4), 44(5); S.I. 2013/6, art. 2(c)

2U.K.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.

Part IIU.K. Proceedings in Scotland

Application of Part IIU.K.

3U.K.This Part of this Schedule applies in relation to devolution issues in proceedings in Scotland.

Institution of proceedingsU.K.

4(1)Proceedings for the determination of a devolution issue may be instituted by the Advocate General or the Lord Advocate.U.K.

(2)The Lord Advocate may defend any such proceedings instituted by the Advocate General.

(3)This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Intimation of devolution issueU.K.

5U.K.Intimation of any devolution issue which arises in any proceedings before a court or tribunal shall be given to the Advocate General and the Lord Advocate (unless the person to whom the intimation would be given is a party to the proceedings).

6U.K.A person to whom intimation is given in pursuance of paragraph 5 may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to higher courtU.K.

7U.K.A court, other than the [F4Supreme Court] or any court consisting of three or more judges of the Court of Session, may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Inner House of the Court of Session.

Textual Amendments

8U.K.A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Inner House of the Court of Session; and any other tribunal may make such a reference.

9U.K.A court, other than any court consisting of two or more judges of the High Court of Justiciary, may refer any devolution issue which arises in criminal proceedings before it to the High Court of Justiciary.

References from superior courts to [F5Supreme Court]U.K.

Textual Amendments

F5Words in heading before Sch. 6 para. 10 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(3); S.I. 2009/1604, art. 2

10U.K.Any court consisting of three or more judges of the Court of Session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7 or 8) to the [F6Supreme Court].

Textual Amendments

F6Words in Sch. 6 para. 10 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(4); S.I. 2009/1604, art. 2

11U.K.Any court consisting of two or more judges of the High Court of Justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 9) to the [F7Supreme Court].

Textual Amendments

F7Words in Sch. 6 para. 11 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(5); S.I. 2009/1604, art. 2

Appeals from superior courts to [F8Supreme Court]U.K.

Textual Amendments

F8Words in heading before Sch. 6 para. 12 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(6); S.I. 2009/1604, art. 2

12U.K.An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 7 or 8 shall lie to the [F9Supreme Court].

Textual Amendments

F9Words in Sch. 6 para. 12 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(7); S.I. 2009/1604, art. 2

13U.K.An appeal against a determination of a devolution issue by—

(a)a court of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 9), or

(b)a court of three or more judges of the Court of Session from which there is no appeal to the [F10Supreme Court apart from this paragraph],

shall lie to the [F11Supreme Court], but only with [F12permission] of the court [F13from which the appeal lies] or, failing such [F12permission], with [F14permission] of the [F11Supreme Court].

Textual Amendments

[F1513AIn criminal proceedings, an application to the High Court for permission under paragraph 13 must be made—

(a)within 28 days of the date of the determination against which the appeal lies, or

(b)within such longer period as the High Court considers equitable having regard to all the circumstances.

13BIn criminal proceedings, an application to the Supreme Court for permission under paragraph 13 must be made—

(a)within 28 days of the date on which the High Court refused permission under that paragraph, or

(b)within such longer period as the Supreme Court considers equitable having regard to all the circumstances.]

Part IIIU.K. Proceedings in England and Wales

Application of Part IIIU.K.

14U.K.This Part of this Schedule applies in relation to devolution issues in proceedings in England and Wales.

Institution of proceedingsU.K.

15(1)Proceedings for the determination of a devolution issue may be instituted by the Attorney General.U.K.

(2)The Lord Advocate may defend any such proceedings.

(3)This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Notice of devolution issueU.K.

16U.K.A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General and the Lord Advocate (unless the person to whom the notice would be given is a party to the proceedings).

17U.K.A person to whom notice is given in pursuance of paragraph 16 may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to High Court or Court of AppealU.K.

18U.K.A magistrates’ court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the High Court.

19(1)A court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Court of Appeal.U.K.

(2)Sub-paragraph (1) does not apply to—

(a)a magistrates’ court, the Court of Appeal or the [F16Supreme Court], or

(b)the High Court if the devolution issue arises in proceedings on a reference under paragraph 18.

20U.K.A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Court of Appeal; and any other tribunal may make such a reference.

21U.K.A court, other than the [F17Supreme Court] or the Court of Appeal, may refer any devolution issue which arises in criminal proceedings before it to—

(a)the High Court (if the proceedings are summary proceedings), or

(b)the Court of Appeal (if the proceedings are proceedings on indictment).

References from Court of Appeal to [F18Supreme Court]U.K.

Textual Amendments

F18Words in heading before Sch. 6 para. 22 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 104(4); S.I. 2009/1604, art. 2

22U.K.The Court of Appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 19, 20 or 21) to the [F19Supreme Court].

Appeals from superior courts to [F20Supreme Court]U.K.

Textual Amendments

F20Words in heading before Sch. 6 para. 23 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 104(6); S.I. 2009/1604, art. 2

23U.K.An appeal against a determination of a devolution issue by the High Court or the Court of Appeal on a reference under paragraph 18, 19, 20 or 21 shall lie to the [F21Supreme Court], but only with [F22permission] of the High Court or (as the case may be) the Court of Appeal or, failing such [F22permission], with [F23permission] of the [F21Supreme Court].

Part IVU.K. Proceedings in Northern Ireland

Application of Part IVU.K.

24U.K.This Part of this Schedule applies in relation to devolution issues in proceedings in Northern Ireland.

Institution of proceedingsU.K.

25(1)Proceedings for the determination of a devolution issue may be instituted by the [F24Advocate General for Northern Ireland].U.K.

(2)The Lord Advocate may defend any such proceedings.

(3)This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Notice of devolution issueU.K.

26U.K.A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the [F25Advocate General for Northern Ireland] and the Lord Advocate (unless the person to whom the notice would be given is a party to the proceedings).

27U.K.A person to whom notice is given in pursuance of paragraph 26 may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to Court of AppealU.K.

28U.K.A court, other than the [F26Supreme Court] or the Court of Appeal in Northern Ireland, may refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland.

29U.K.A tribunal from which there is no appeal shall refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland; and any other tribunal may make such a reference.

References from Court of Appeal to [F27Supreme Court]U.K.

Textual Amendments

F27Words in heading before Sch. 6 para. 30 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 105(3); S.I. 2009/1604, art. 2

30U.K.The Court of Appeal in Northern Ireland may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 28 or 29) to the [F28Supreme Court].

Appeals from Court of Appeal to [F29Supreme Court]U.K.

Textual Amendments

F29Words in heading before Sch. 6 para. 31 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 105(5); S.I. 2009/1604, art. 2

31U.K.An appeal against a determination of a devolution issue by the Court of Appeal in Northern Ireland on a reference under paragraph 28 or 29 shall lie to the [F30Supreme Court], but only with [F31permission] of the Court of Appeal in Northern Ireland or, failing such [F31permission], with [F32permission] of the [F30Supreme Court].

Part VU.K. General

U.K.

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32U.K.F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Direct references to [F35Supreme Court]U.K.

Textual Amendments

F35Words in heading before Sch. 6 para. 33 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 106(3); S.I. 2009/1604, art. 2

33U.K.The Lord Advocate, the Advocate General, the Attorney General or the [F36Advocate General for Northern Ireland] may require any court or tribunal to refer to the [F37Supreme Court] any devolution issue which has arisen in proceedings before it to which he is a party.

34U.K.The Lord Advocate, the Attorney General, the Advocate General or the [F38Advocate General for Northern Ireland] may refer to the [F39Supreme Court] any devolution issue which is not the subject of proceedings.

35(1)This paragraph applies where a reference is made under paragraph 34 in relation to a devolution issue which relates to the proposed exercise of a function by a member of the Scottish Executive.U.K.

(2)The person making the reference shall notify a member of the Scottish Executive of that fact.

(3)No member of the Scottish Executive shall exercise the function in the manner proposed during the period beginning with the receipt of the notification under sub-paragraph (2) and ending with the reference being decided or otherwise disposed of.

(4)Proceedings relating to any possible failure by a member of the Scottish Executive to comply with sub-paragraph (3) may be instituted by the Advocate General.

(5)Sub-paragraph (4) is without prejudice to any power to institute proceedings exercisable apart from that sub-paragraph by any person.

ExpensesU.K.

36(1)A court or tribunal before which any proceedings take place may take account of any additional expense of the kind mentioned in sub-paragraph (3) in deciding any question as to costs or expenses.U.K.

(2)In deciding any such question, the court or tribunal may award the whole or part of the additional expense as costs or (as the case may be) expenses to the party who incurred it (whatever the decision on the devolution issue).

(3)The additional expense is any additional expense which the court or tribunal considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of paragraph 6, 17 or 27.

Procedure of courts and tribunalsU.K.

37U.K.Any power to make provision for regulating the procedure before any court or tribunal shall include power to make provision for the purposes of this Schedule including, in particular, provision—

(a)for prescribing the stage in the proceedings at which a devolution issue is to be raised or referred,

(b)for the sisting or staying of proceedings for the purpose of any proceedings under this Schedule, and

(c)for determining the manner in which and the time within which any intimation or notice is to be given.

InterpretationU.K.

38U.K.Any duty or power conferred by this Schedule to refer a devolution issue to a court shall be construed as a duty or (as the case may be) power to refer the issue to the court for decision.

Yn ôl i’r brig

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Nodiadau Esboniadol

Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill