Page:Scotland Act 1998.pdf/114

Sch. 8

(a) that he elects to appear personally at the hearing, or

(b) that he elects to be represented by counsel at the hearing,

but, except by leave of the Court on cause shown, and without prejudice to his right to attend, he shall not appear or be represented at the hearing other than by and in conformity with an election under this subsection.

(4) Where there is no intimation under subsection (3)(b), the High Court shall appoint counsel to act at the hearing as amicus curiae.

(5) The costs of representation elected under subsection (3)(b) or of an appointment under subsection (4) shall, after being taxed by the Auditor of the Court of Session, be paid by the Advocate General for Scotland out of money provided by Parliament.

(6) The opinion on the point referred under subsection (2) shall not affect the acquittal or (as the case may be) conviction in the trial.

Appeals to Judicial Committee of the Privy Council.

288B. (1) This section applies where the Judicial Committee of the Privy Council determines an appeal under paragraph 13(a) of Schedule 6 to the Scotland Act 1998 against a determination of a devolution issue by the High Court in the ordinary course of proceedings.

(2) The determination of the appeal shall not affect any earlier acquittal or earlier quashing of any conviction in the proceedings.

(3) Subject to subsection (2) above, the High Court shall have the same powers in relation to the proceedings when remitted to it by the Judicial Committee as it would have if it were considering the proceedings otherwise than as a trial court.”

(3) In section 307(1) (interpretation), after the definition of “crime” there is inserted—

““devolution issue” has the same meaning as in Schedule 6 to the Scotland Act 1998;”.

Defamation Act 1996 (c. 31)

33.—(1) The Defamation Act 1996 is amended as follows.

(2) In section 17(1) (interpretation), in the definition of “statutory provision”, after “1978” there is inserted—

“(aa) a provision contained in an Act of the Scottish Parliament or in an instrument made under such an Act,”.

(3) In paragraph 11(1)(c) of Schedule 1 (qualified privilege), after “Minister of the Crown” there is inserted “a member of the Scottish Executive”.

Damages Act 1996 (c. 48)

34. In section 6 of the Damages Act 1996 (guarantees for public sector settlements), after subsection (8) there is inserted―

“(8A) In the application of subsection (3) above to Scotland, for the words from “guidelines" to the end there shall be substituted “the Minister”.”