Scotland Bill

38: Clause 38, page 30, line 23, at end insert— ““( ) In section 102 (powers of courts or tribunals to vary retrospective decisions)— (a) in subsection (4)(b) at the end insert ““or to a compatibility issue,””; (b) after subsection (5) insert— ““(5A) Where the decision mentioned in subsection (1) is a decision of the Supreme Court on a compatibility issue, the power to make an order under this section is exercisable by the High Court of Justiciary instead of the Supreme Court.””; (c) in subsection (7) before the definition of ““intimation”” insert— ““““compatibility issue”” has the meaning given by section 288ZA of the Criminal Procedure (Scotland) Act 1995.”””” 39: Clause 38, page 30, leave out lines 26 to 29 and insert— ““But a question arising in criminal proceedings in Scotland that would, apart from this paragraph, be a devolution issue is not a devolution issue if (however formulated) it relates to the compatibility with any of the Convention rights or with EU law of— (a) an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament, (b) a function, (c) the purported or proposed exercise of a function, (d) a failure to act.”” Amendments 38 and 39 agreed. Amendment 40 had been withdrawn from the Marshalled List. Amendment 41 Moved by