97.The power to make a strike down declarator is exercisable by:
the Supreme Court of the United Kingdom,
the Court of Session, which is Scotland’s supreme civil court,
the High Court of Justiciary, which is Scotland’s supreme criminal court, but the High Court can only exercise the strike down power when it is not sitting as a trial court (which means it can do so when, for example, acting as an appeal court).
Text created by the Scottish Government 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 Acts of the Scottish Parliament except those which result from Budget Bills.
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