2.6 Section 101 of the Scotland Act 1998
The Scotland Act 1998 imposes a special (and possibly unique) requirement upon courts when interpreting legislation of the Scottish Parliament. Any provision of the Scottish Parliament (including delegated legislation) which could be read in such a way as to be outwith the legislative competence of the Parliament must be:
read as narrowly as is required for it to be within competence, if such reading is possible.
If it is not within the legislative competence, the provision is void and does not have the status of law.