Part II

The Scottish Administration

Ministerial functions

Power to prevent or require action.
58
1
If the Secretary of State has reasonable grounds to believe that any action proposed to be taken by a member of the Scottish Government would be incompatible with any international obligations, he may by order direct that the proposed action shall not be taken.
2
If the Secretary of State has reasonable grounds to believe that any action capable of being taken by a member of the Scottish Government is required for the purpose of giving effect to any such obligations, he may by order direct that the action shall be taken.
3
In subsections (1) and (2), “action” includes making, confirming or approving subordinate legislation and, in subsection (2), includes introducing a Bill in the Parliament.
4
If any subordinate legislation made or which could be revoked by a member of the Scottish Government contains provisions—
a
which the Secretary of State has reasonable grounds to believe to be incompatible with any international obligations or the interests of defence or national security, or
b
which make modifications of the law as it applies to reserved matters and which the Secretary of State has reasonable grounds to believe to have an adverse effect on the operation of the law as it applies to reserved matters,
the Secretary of State may by order revoke the legislation.
5
An order under this section must state the reasons for making the order.
Words in Act substituted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 12(2)(a), 44(5) (with s. 12(3)); S.I. 2012/1710, art. 2(f)