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Scotland Act 1998

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100 Human rights.E+W+S+N.I.

(1)This Act does not enable a person—

(a)to bring any proceedings in a court or tribunal on the ground that an act is incompatible with the Convention rights, or

(b)to rely on any of the Convention rights in any such proceedings,

unless he would be a victim for the purposes of Article 34 of the Convention (within the meaning of the M1Human Rights Act 1998) if proceedings in respect of the act were brought in the European Court of Human Rights.

(2)Subsection (1) does not apply to the Lord Advocate, the Advocate General, the Attorney General [F1, the Advocate General for Northern Ireland] or the Attorney General for Northern Ireland.

(3)This Act does not enable a court or tribunal to award any damages in respect of an act which is incompatible with any of the Convention rights which it could not award if section 8(3) and (4) of the Human Rights Act 1998 applied.

[F2(3A)Subsection (3B) applies to any proceedings brought on or after 2 November 2009 by virtue of this Act against the Scottish Ministers or a member of the Scottish Executive in a court or tribunal on the ground that an act of the Scottish Ministers or a member of the Scottish Executive is incompatible with the Convention rights.

(3B)Proceedings to which this subsection applies must be brought before the end of—

(a)the period of one year beginning with the date on which the act complained of took place, or

(b)such longer period as the court or tribunal considers equitable having regard to all the circumstances,

but that is subject to any rule imposing a stricter time limit in relation to the procedure in question.

(3C)Subsection (3B) does not apply to proceedings brought by the Lord Advocate, the Advocate General, the Attorney General, the Attorney General for Northern Ireland or the Advocate General for Northern Ireland.

(3D)In subsections (3A) and (3B) “act” does not include the making of any legislation but it does include any other act or failure to act (including a failure to make legislation).

(3E)The reference in subsection (3A) to proceedings brought on or after 2 November 2009 includes proceedings relating to an act done before that date.]

(4)[F3Subject to subsection (3D),] in this section “act” means—

(a)making any legislation,

(b)any other act or failure to act, if it is the act or failure of a member of the Scottish Executive.

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