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Legal skills and debates in Scotland
Legal skills and debates in Scotland

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2.2  Invalidity in proceedings

Section 28(5) of the Scotland Act 1998 (as amended) states that any invalidity in the parliamentary proceedings will not invalidate the act created by those proceedings.

Box 2 Section 28 Scotland Act 1998 (as amended)

28    Acts of the Scottish Parliament.

  • (1) Subject to section 29, the Parliament may make laws, to be known as Acts of the Scottish Parliament.
  • (2) Proposed Acts of the Scottish Parliament shall be known as Bills; and a Bill shall become an Act of the Scottish Parliament when it has been passed by the Parliament and has received Royal Assent.
  • (3) A Bill receives Royal Assent at the beginning of the day on which Letters Patent under the Scottish Seal signed with Her Majesty’s own hand signifying Her Assent are recorded in the Register of the Great Seal.
  • (4) The date of Royal Assent shall be written on the Act of the Scottish Parliament by the Clerk, and shall form part of the Act.
  • (5) The validity of an Act of the Scottish Parliament is not affected by any invalidity in the proceedings of the Parliament leading to its enactment.
  • (6) Every Act of the Scottish Parliament shall be judicially noticed.
  • (7) This section does not affect the power of the Parliament of the United Kingdom to make laws for Scotland.

  [F1 (8) But it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament.]

Annotations:

Amendments (Textual)

F1  S. 28(8) added (23.5.2016) by Scotland Act 2016 (c. 11), ss. 2, 72(7)