Section 101 Interpretation of Acts of the Scottish Parliament etc.

(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 F1Scottish Government,

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.

Annotations

Textual amendments

F1: Words in Act substituted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 12(2)(a), 44(5) (with s. 12(3)); S.I. 2012/1710, art. 2(f)