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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 a question-
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(a) 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) whether subordinate legislation which a member of the Scottish Executive has purported to make or is proposing to make, or any provision of such legislation, would be within the legislative competence of the Parliament if it were included in an Act of the Scottish Parliament, |
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(c) whether a matter in relation to which a member of the Scottish Executive has purported to exercise or proposes to exercise a function (other than a function to make subordinate legislation) is a reserved matter, |
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(d) whether a purported or proposed exercise of a function (other than a function to make subordinate legislation) 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) whether a failure to act by a member of the Scottish Executive is incompatible with any of the Convention rights or with Community law, or |
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(f) whether a matter in relation to which a Minister of the Crown has purported to exercise or proposes to exercise a function is a devolved matter. |
| | 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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