Section 36: Convention rights and EU law: criminal appeals to the Supreme Court

Scotland Act 2012 · 2012 c. 11View on legislation.gov.uk

Part 4: Miscellaneous and General

The 1998 Act is amended as follows.

In section 57(3) (EU law and Convention rights: excepted acts of the Lord Advocate) omit the words after paragraph (b).

In section 102 (powers of courts or tribunals to vary retrospective decisions)—

in subsection (4)(b) at the end insert ;" or to a compatibility issue, "
after subsection (5) insert—5AWhere the decision mentioned in subsection (1) is a decision of the Supreme Court on a compatibility issue, the power to make an order under this section is exercisable by the High Court of Justiciary instead of the Supreme Court.;
in subsection (7) before the definition of "intimation" insert—"compatibility issue" has the meaning given by section 288ZA of the Criminal Procedure (Scotland) Act 1995,.

In paragraph 1 of Schedule 6 (devolution issues), after sub-paragraph (f) insert—

The Criminal Procedure (Scotland) Act 1995 is amended as follows.

After section 288A insert—

Section 288B (appeals to the Supreme Court) is amended as follows.

For the heading substitute ." Appeals to the Supreme Court: general "

In subsection (1)—

after "under" insert ;" section 288AA of this Act or "
omit "of a devolution issue".

In sections 112(6), 121(5)(a), 121A(5), 122(4) and (5) and 177(8), after "under" insert ." section 288AA of this Act or "

In section 124(2)—

after "Part XA" insert ;" and sections 288ZB and 288AA "
after "purposes of" insert ;" a reference under section 288ZB or "
after "appeal under" insert ." section 288AA of this Act or "

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