- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Scotland Act 2012. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
(1)The 1998 Act is amended as follows.
(2)In section 57(3) (EU law and Convention rights: excepted acts of the Lord Advocate) omit the words after paragraph (b).
(3)In section 102 (powers of courts or tribunals to vary retrospective decisions)—
(a)in subsection (4)(b) at the end insert “ or to a compatibility issue, ”;
(b)after subsection (5) insert—
“(5A)Where the decision mentioned in subsection (1) is a decision of the Supreme Court on a compatibility issue, the power to make an order under this section is exercisable by the High Court of Justiciary instead of the Supreme Court.”;
(c)in subsection (7) before the definition of “intimation” insert—
““compatibility issue” has the meaning given by section 288ZA of the Criminal Procedure (Scotland) Act 1995,”.
(4)In paragraph 1 of Schedule 6 (devolution issues), after sub-paragraph (f) insert—
“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,
(c)the purported or proposed exercise of a function,
(d)a failure to act.”
(5)The Criminal Procedure (Scotland) Act 1995 is amended as follows.
(6)After section 288A insert—
(1)For the purpose of determining any compatibility issue an appeal lies to the Supreme Court against a determination in criminal proceedings by a court of two or more judges of the High Court.
(2)On an appeal under this section—
(a)the powers of the Supreme Court are exercisable only for the purpose of determining the compatibility issue;
(b)for that purpose the Court may make any change in the formulation of that issue that it thinks necessary in the interests of justice.
(3)When it has determined the compatibility issue the Supreme Court must remit the proceedings to the High Court.
(4)In this section “compatibility issue” has the same meaning as in section 288ZA.
(5)An appeal under this section against a determination lies only with the permission of the High Court or, failing that permission, with the permission of the Supreme Court.
(6)Subsection (5) does not apply if it is an appeal by the Lord Advocate or the Advocate General for Scotland against a determination by the High Court of a compatibility issue referred to it under section 288ZB(2).
(7)An application to the High Court for permission under subsection (5) 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.
(8)An application to the Supreme Court for permission under subsection (5) must be made—
(a)within 28 days of the date on which the High Court refused permission under that subsection, or
(b)within such longer period as the Supreme Court considers equitable having regard to all the circumstances.”
(7)Section 288B (appeals to the Supreme Court) is amended as follows.
(8)For the heading substitute “ Appeals to the Supreme Court: general ”.
(9)In subsection (1)—
(a)after “under” insert “ section 288AA of this Act or ”;
(b)omit “of a devolution issue”.
(10)In sections 112(6), 121(5)(a), 121A(5), 122(4) and (5) and 177(8), after “under” insert “ section 288AA of this Act or ”.
(11)In section 124(2)—
(a)after “Part XA” insert “ and sections 288ZB and 288AA ”;
(b)after “purposes of” insert “ a reference under section 288ZB or ”;
(c)after “appeal under” insert “ section 288AA of this Act or ”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: 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.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: