OpenLegislation

Section 32A Scrutiny of Bills by the Supreme Court (protected subject-matter)F1

(1)

The Advocate General, the Lord Advocate or the Attorney General may refer the question of whether a Bill or any provision of a Bill relates to a protected subject-matter to the Supreme Court for decision.

(2)

Subject to subsection (3), he may make a reference in relation to a Bill—

(a)

at any time during the period of four weeks beginning with the rejection of the Bill, if the Presiding Officer has made a statement under section 31(2A) that in his view any provision of the Bill relates to a protected subject-matter, and

(b)

at any time during the period of four weeks beginning with the passing of the Bill, if the Presiding Officer has made a statement under section 31(2A) that in his view no provision of the Bill relates to a protected subject-matter, unless the number of members voting in favour of the Bill at its passing is at least two-thirds of the total number of seats for members of the Parliament.

(3)

He shall not make a reference in relation to a Bill if he has notified the Presiding Officer that he does not intend to make a reference in relation to the Bill, unless since the notification the Bill has been approved or rejected in accordance with standing orders made by virtue of section 36(5).

Annotations

Textual amendments

F1

S. 32A inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 11(10), 72(4)(a); S.I. 2017/608, reg. 2(1)(i)