United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (asp 1)

Part 5 S Compatibility questions and UNCRC compatibility issues

37 Direct references to Supreme Court: compatibility question not arising in proceedings S

(1) The Lord Advocate may refer to the Supreme Court any compatibility question which is not the subject of proceedings.

(2) Subsections (3) to (5) apply where a reference is made under subsection (1) in relation to a compatibility question that relates to the proposed exercise of a function by a public authority.

(3) The Lord Advocate must notify the public authority of the making of the reference.

(4) The public authority may not exercise the function in the manner proposed during the period beginning with the receipt of the notification under subsection (3) and ending with the reference being decided or otherwise disposed of.

(5) Proceedings relating to any possible failure by the public authority to comply with subsection (4) may be instituted by the Lord Advocate.

Commencement Information

I1 S. 37 in force at 16.7.2024, see s. 47(2)(a)