Scotland Act 1998

33 Scrutiny of Bills by the [F1Supreme Court] [F2(legislative competence)] .U.K.

This section has no associated Explanatory Notes

(1)The Advocate General, the Lord Advocate or the Attorney General may refer the question of whether a Bill or any provision of a Bill would be within the legislative competence of the Parliament to the [F3Supreme Court] for decision.

(2)Subject to subsection (3), he may make a reference in relation to a Bill at any time during—

(a)the period of four weeks beginning with the passing of the Bill, and

(b)any period of four weeks beginning with any F4... approval of the Bill in accordance with standing orders made by virtue of section 36(5).

(3)He shall not make a reference in relation to a Bill if he has notified the Presiding Officer that he does not intend to make a reference in relation to the Bill, unless the Bill has been approved as mentioned in subsection (2)(b) since the notification.

Textual Amendments

F1S. 33: words in sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 96(1); S.I. 2009/1604, art. 2

F2Words in s. 33 heading inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 11(12), 72(4)(a); S.I. 2017/608, reg. 2(1)(i)

F4Word in s. 33(2)(b) omitted (18.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 11(13), 72(4)(a); S.I. 2017/608, reg. 2(1)(i)