PART XIII Miscellaneous

Convention rights F3... compatibility issues, and devolution issues

Annotations:
Amendments (Textual)

C1288ZAF4Right of Advocate General to take part in proceedings

1

The Advocate General for Scotland may take part as a party in criminal proceedings so far as they relate to a compatibility issue.

2

In this section “compatibility issue” means a question, arising in criminal proceedings, as to—

a

whether a public authority has acted (or proposes to act)—

i

in a way which is made unlawful by section 6(1) of the Human Rights Act 1998, or

F2ii

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b

whether an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament is incompatible with any of the Convention rights F1...).

3

In subsection (2)—

a

“public authority” has the same meaning as in section 6 of the Human Rights Act 1998;

b

references to acting include failing to act;

F5c

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