Part V
- (b) to rely on any of the Convention rights in any such proceedings,
unless he would be a victim for the purposes of Article 34 of the Convention (within the meaning of the 1998 c. 42.Human Rights Act 1998) if proceedings in respect of the act were brought in the European Court of Human Rights.
(2) Subsection (1) does not apply to the Lord Advocate, the Advocate General, the Attorney General or the Attorney General for Northern Ireland.
(3) This Act does not enable a court or tribunal to award any damages in respect of an act which is incompatible with any of the Convention rights which it could not award if section 8(3) and (4) of the Human Rights Act 1998 applied.
(4) In this section “act” means—
- (a) making any legislation,
- (b) any other act or failure to act, if it is the act or failure of a member of the Scottish Executive.
Interpretation of Acts of the Scottish Parliament etc. 101.—(1) This section applies to—
- (a) any provision of an Act of the Scottish Parliament, or of a Bill for such an Act, and
- (b) any provision of subordinate legislation made, confirmed or approved, or purporting to be made, confirmed or approved, by a member of the Scottish Executive,
which could be read in such a way as to be outside competence.
(2) Such a provision is to be read as narrowly as is required for it to be within competence, if such a reading is possible, and is to have effect accordingly.
(3) In this section “competence”—
- (a) in relation to an Act of the Scottish Parliament, or a Bill for such an Act, means the legislative competence of the Parliament, and
- (b) in relation to subordinate legislation, means the powers conferred by virtue of this Act.
Powers of courts or tribunals to vary retrospective decisions. 102.—(1) This section applies where any court or tribunal decides that—
- (a) an Act of the Scottish Parliament or any provision of such an Act is not within the legislative competence of the Parliament, or
- (b) a member of the Scottish Executive does not have the power to make, confirm or approve a provision of subordinate legislation that he has purported to make, confirm or approve.
(2) The court or tribunal may make an order—
- (a) removing or limiting any retrospective effect of the decision, or
- (b) suspending the effect of the decision for any period and on any conditions to allow the defect to be corrected.
(3) In deciding whether to make an order under this section, the court or tribunal shall (among other things) have regard to the extent to which persons who are not parties to the proceedings would otherwise be adversely affected.
