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Scotland Act 1998
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- 1998 c. 46
- SCHEDULE 6
- Part V
- Direct references to Supreme Court
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Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act modified by S.I. 2012/700 art. 3(1)
- Act words substituted by 2012 c. 11 s. 12(2)(a)
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 4
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 4A inserted by 2012 c. 11 s. 23(2)
- Pt. 4A Ch. 2 inserted by 2012 c. 11 s. 25(3)
- Pt. 4A Ch. 3 inserted by 2012 c. 11 s. 28
- Pt. 4A Ch. 4 inserted by 2012 c. 11 s. 30(1)
- s. 12A inserted by 2012 c. 11 s. 1(9)
- s. 67A inserted by 2012 c. 11 s. 32(10)
- s. 90A and cross-heading inserted by 2012 c. 11 s. 16
- Sch. 1 para. 12 rule 1(2) omitted by 2012 c. 11 Sch. 1 para. 10(3)
- Sch. 1 para. 12 rule 2(8) words omitted by 2012 c. 11 Sch. 1 para. 6(3)
- Sch. 1 para. 12 rule 1(1) words substituted by 2012 c. 11 Sch. 1 para. 10(2)
Direct references to [F1Supreme Court]E+W+S+N.I.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F1Words 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
33The Lord Advocate, the Advocate General, the Attorney General or the [F2Advocate General for Northern Ireland] may require any court or tribunal to refer to the [F3Supreme Court] any devolution issue which has arisen in proceedings before it to which he is a party.E+W+S+N.I.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F2Words in Sch. 6 para. 33 substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 28, 87, Sch. 7 para. 4(c); S.R. 2010/113, art. 2, Sch. para. 19(a)
F3Words in Sch. 6 para. 33 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 106(4); S.I. 2009/1604, art. 2
34The Lord Advocate, the Attorney General, the Advocate General or the [F4Advocate General for Northern Ireland] may refer to the [F5Supreme Court] any devolution issue which is not the subject of proceedings.E+W+S+N.I.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F4Words in Sch. 6 para. 34 substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 28, 87, Sch. 7 para. 4(c); S.R. 2010/113, art. 2, Sch. para. 19(a)
F5Words in Sch. 6 para. 34 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 106(5); S.I. 2009/1604, art. 2
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.E+W+S+N.I.
(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.
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