Part I
(2) The Presiding Officer shall, on or before the introduction of a Bill in the Parliament, decide whether or not in his view the provisions of the Bill would be within the legislative competence of the Parliament and state his decision.
(3) The form of any statement, and the manner in which it is to be made, shall be determined under standing orders, and standing orders may provide for any statement to be published.
Submission of Bills for Royal Assent. 32.—(1) It is for the Presiding Officer to submit Bills for Royal Assent.
(2) The Presiding Officer shall not submit a Bill for Royal Assent at any time when—
- (a) the Advocate General, the Lord Advocate or the Attorney General is entitled to make a reference in relation to the Bill under section 33,
- (b) any such reference has been made but has not been decided or otherwise disposed of by the Judicial Committee, or
- (c) an order may be made in relation to the Bill under section 35.
(3) The Presiding Officer shall not submit a Bill in its unamended for for Royal Assent if—
- (a) the Judicial Committee have decided that the Bill or any provision of it would not be within the legislative competence of the Parliament, or
- (b) a reference made in relation to the Bill under section 33 has been withdrawn following a request for withdrawal of the reference under section 34(2)(b).
(4) In this Act—
- “Advocate General” means the Advocate General for Scotland,
- “Judicial Committee” means the Judicial Committee of the Privy Council.
Scrutiny of Bills by the Judicial Committee. 33.—(1) The Advocate General, the Lord Advocate or the Attorney General may refer the question of whether a Bill or any provision of a Bill would be within the legislative competence of the Parliament to the Judicial Committee for decision.
(2) Subject to subsection (3), he may make a reference in relation to a Bill at any time during—
- (a) the period of four weeks beginning with the passing of the Bill, and
- (b) any period of four weeks beginning with any subsequent approval of the Bill in accordance with standing orders made by virtue of section 36(5).
(3) He shall not make a reference in relation to a Bill if he has notified the Presiding Officer that he does not intend to make a reference in relation to the Bill, unless the Bill has been approved as mentioned in subsection (2)(b) since the notification.
ECJ references. 34.—(1) This section applies where—
- (a) a reference has been made in relation to a Bill under section 33,
