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

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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 in legislation of the Scottish Parliament (primary and subordinate legislation) which could be read in such a way as to be outwith the legislative competence of the Scottish Parliament must be:

read as narrowly as is required for it to be within competence, if such reading is possible.

Section 101 Scotland Act 1998

If it is not within the legislative competence, the provision is void and does not have the status of law.