1In 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 Community 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 Community 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.
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.