http://www.legislation.gov.uk/asp/2026/11/section/2/enactedEuropean Charter of Local Self-Government (Incorporation) (Scotland) Act 20262026-04-17enKing's Printer for Scotland European Charter of Local Self-Government (Incorporation) (Scotland) Act 2026s. 2European Charter of Local Self-Government (Incorporation) (Scotland) Act 2026s. 14(2) 2 1 The Scottish Ministers must ensure that any action they take in exercise of a relevant function is compatible with the Charter Articles (but see subsection (4)). 2 In subsection (1), a “relevant function” means a function that— a is within devolved competence (within the meaning of section 54 of the Scotland Act 1998), and b is conferred by— i an Act of the Scottish Parliament, ii a Scottish statutory instrument originally made wholly under a relevant enabling power, iii a provision in a Scottish statutory instrument originally made partly under a relevant enabling power, provided that the provision itself was either— A originally made under the relevant enabling power, or B inserted into the instrument by an Act of the Scottish Parliament or subordinate legislation made under a relevant enabling power, or iv a rule of law not created by an enactment. 3 In subsection (2), “relevant enabling power” means a power to make subordinate legislation conferred by a provision in an enactment of a kind mentioned in that subsection, unless the provision was inserted by an enactment of a kind that is not mentioned in that subsection. 4 The Scottish Ministers do not fail to comply with subsection (1) by taking an action in exercise of a relevant function which is incompatible with the Charter Articles if they were required or entitled to take the incompatible action by words that— a are not contained in an enactment of a kind mentioned in subsection (2)(b), or b are contained in such an enactment having been inserted into it by an enactment of a kind that is not mentioned in subsection (2)(b). 5 For the purposes of this section— a “function” includes the making of subordinate legislation but does not include the preparation or introduction of, or the exercise of other functions in relation to, a Bill for an Act of the Scottish Parliament, b a function conferred by words inserted by one enactment into another enactment (“the modified enactment”) is to be regarded as conferred only by the modified enactment, c a failure to act (including a failure to make subordinate legislation) is to be treated as the taking of action.