The relationship between the Scotland Act 1998 (“the SA”), Convention rights and the Human Rights Act 1998 (“the HRA”) is well known.
Convention rights are embedded in the Scottish constitution. The Scottish Parliament cannot legislate, and Scottish Ministers cannot act, in any way which is incompatible with those rights (SA ss. 29(2)(d), 53,54,57(2)).
The SA is largely independent of the HRA.
Questions whether provisions in an Act of the Scottish Parliament are incompatible, or Scottish Ministers have acted incompatibly, with Convention rights are usually determined by proceedings under the SA but they can also be determined under the HRA. (Somerville v The Scottish Ministers[2007] UKHL 44: and my article ‘Remedies under the Scotland Act: Implications ofSomerville’ 2007 SLT, 40, 289-294).
There are now similar provisions in both Acts regarding, title and interest, time limits and damages (SA ss. 100(1),(3), (3B) and HRA ss 7(1) (5) and…
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