Effect of striking down legislation
94.The effect of striking down words in legislation under section 25 is as follows:
from the point at which they are struck down, the words no longer form part of Scots law. They are not, however, to be treated as never having formed part of Scots law and so anything lawfully done under the words before they were struck down is not rendered unlawful retrospectively.
the Scottish Ministers’ duty to make a statement to the Scottish Parliament under section 28 is triggered.
