Part 2Duties on public authorities
Acts of public authorities to be compatible with the UNCRC requirements
I16Acts of public authorities to be compatible with the UNCRC requirements
1
It is unlawful (subject to subsection (4)) for a public authority to act, or fail to act, in connection with a relevant function in a way which is incompatible with the UNCRC requirements.
2
In subsection (1), a “relevant function” means a function that—
a
it is within the legislative competence of the Scottish Parliament to confer on the authority, and
b
is conferred by—
i
an Act of the Scottish Parliament,
ii
a Scottish statutory instrument originally made wholly under a relevant enabling power,
iii
a provision in a Scottish statutory instrument originally made partly under a relevant enabling power, provided that the provision itself was either—
A
originally made under the relevant enabling power, or
B
inserted into the instrument by an Act of the Scottish Parliament or subordinate legislation made under a relevant enabling power, or
iv
a rule of law not created by an enactment.
3
In subsection (2), “relevant enabling power” means a power to make subordinate legislation conferred by a provision in an enactment of a kind mentioned in that subsection, unless the provision was inserted by an enactment of a kind that is not mentioned in that subsection.
4
But subsection (1) does not make unlawful doing or failing to do something if the authority was required or entitled to act in that way by words that—
a
are not contained in an enactment of a kind mentioned in subsection (2)(b), or
b
are contained in such an enactment having been inserted into it by an enactment of a kind that is not mentioned in subsection (2)(b).
5
In this section, “public authority”—
a
includes, in particular—
i
the Scottish Ministers,
ii
a court or tribunal,
iii
any person certain of whose functions are functions of a public nature (but see subsection (8)),
b
does not include the Scottish Parliament or a person carrying out functions in connection with proceedings in the Scottish Parliament.