(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 [1998 c. 42.] Human 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 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.
(4)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.