Convention Rights (Compliance) (Scotland) Act 2001

12 Remedial orders

(1) In the circumstances set out in subsection (2) below, the Scottish Ministers may, by order (in this Part of this Act, a “remedial order”), make such provision as they consider necessary or expedient in consequence of—

(a) an Act of Parliament or an Act of the Scottish Parliament;

(b) any subordinate legislation made under any such Act;

(c) any provision of any such Act or subordinate legislation; or

(d) any exercise or purported exercise of functions by a member of the Scottish Executive,

which is or may be incompatible with any of the Convention rights.

(2) Those circumstances are that the Scottish Ministers are of the opinion that there are compelling reasons for making a remedial order as distinct from taking any other action.

(3) A remedial order may—

(a) make different provision for different purposes;

(b) relate to—

(i) all cases to which the power to make it extends;

(ii) those cases subject to specified exceptions; or

(iii) any particular case or class of case;

(c) make—

(i) any supplementary, incidental or consequential provision; or

(ii) any transitory, transitional or saving provision,

which the Scottish Ministers consider necessary or expedient;

(d) modify any enactment or prerogative instrument or any other instrument or document relating to the exercise or purported exercise of functions by the Scottish Ministers;

(e) make provision (other than provision creating criminal offences or increasing the punishment for criminal offences) which has retrospective effect;

(f) provide for the delegation of functions.

(4) A remedial order shall not, however, create any criminal offence punishable—

(a) on summary conviction, with imprisonment for a period exceeding three months or with a fine exceeding the amount specified as level 5 on the standard scale;

(b) on conviction on indictment, with a period of imprisonment exceeding two years.

(5) The conferring by subsection (1) above of the power to make remedial orders does not prejudice the extent of any other power.