Section 101: Interpretation of Acts of the Scottish Parliament etc.

Scotland Act 1998 · 1998 c. 46View on legislation.gov.uk

Part V: Miscellaneous and general

This section applies to—

any provision of an Act of the Scottish Parliament, or of a Bill for such an Act, and
any provision of subordinate legislation made, confirmed or approved, or purporting to be made, confirmed or approved, by a member of the Scottish Government,

which could be read in such a way as to be outside competence.

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.

In this section "competence"—

in relation to an Act of the Scottish Parliament, or a Bill for such an Act, means the legislative competence of the Parliament, and
in relation to subordinate legislation, means the powers conferred by virtue of this Act.

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