| Scotland Act 1998 |
| 1998 Chapter 46 - continued |
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SCHEDULE 6
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DEVOLUTION ISSUES |
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PART I |
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PRELIMINARY |
| | 1. In this Schedule "devolution issue" means-
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(a) a question whether an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament is within the legislative competence of the Parliament, |
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(b) a question whether any function (being a function which any person has purported, or is proposing, to exercise) is a function of the Scottish Ministers, the First Minister or the Lord Advocate, |
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(c) a question whether the purported or proposed exercise of a function by a member of the Scottish Executive is, or would be, within devolved competence, |
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(d) a question whether a purported or proposed exercise of a function by a member of the Scottish Executive is, or would be, incompatible with any of the Convention rights or with Community law, |
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(e) a question whether a failure to act by a member of the Scottish Executive is incompatible with any of the Convention rights or with Community law, |
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(f) any other question about whether a function is exercisable within devolved competence or in or as regards Scotland and any other question arising by virtue of this Act about reserved matters. |
| | 2. A devolution issue shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious.
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