Overview of the Act Part 5: Compatibility Questions and Uncrc Compatibility Issues Section 37: Direct references to Supreme Court: compatibility question not arising in proceedings
136.Section 37 allows the Lord Advocate to refer a compatibility question to the Supreme Court even if it does not arise in proceedings. Where such a question relates to the proposed exercise of a function by a public authority, the Lord Advocate must notify the public authority in question. That authority may not then exercise the function in the way proposed until the reference to the Supreme Court has concluded.