http://www.legislation.gov.uk/asp/2026/11/section/10European Charter of Local Self-Government (Incorporation) (Scotland) Act 2026enStatute Law Database2026-05-23Expert Participation2026-04-16
European Charter of Local Self-Government (Incorporation) (Scotland) Act 2026s. 10European Charter of Local Self-Government (Incorporation) (Scotland) Act 2026s. 14(2)
Power to remove or limit retrospective effect of decisions etc.
10
1
This section applies—
a
where a court decides that the Scottish Ministers have breached a duty imposed on them by this Act, or
b
where a court decides that—
i
words in subordinate legislation to which section 7 applies and which were enacted prior to the coming into force of section 2 are incompatible with the Charter Articles, and
ii
(disregarding any possibility of revocation) removal of the incompatibility is not prevented by—
A
the Act of the Scottish Parliament by virtue of which the subordinate legislation was made, or
B
words in another enactment to which neither section 6 nor 7 apply.
2
The court may make an order—
a
removing or limiting any retrospective effect of the decision, or
b
suspending the effect of the decision for any period and on any conditions to allow the breach or incompatibility to be addressed.
3
In deciding whether to make an order under this section, the court shall (among other things) have regard to the extent to which persons who are not parties to the proceedings would otherwise be adversely affected.
S. 10 in force at 15.10.2026, see s. 14(2)