Salvesen v Riddell

McHarg, Aileen and Nicolson, Donald (2019) Salvesen v Riddell. In: Scottish Feminist Judgments. Hart Publishing, Oxford. ISBN 9781509923267 (In Press)

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    Abstract

    The question before this court is a devolution issue arising under the Scotland Act 1998 concerning whether section 72 of the Agricultural Holdings (Scotland) Act 2003 (the 2003 Act) is outwith the legislative competence of the Scottish Parliament. Section 72 is alleged to breach Article 1 of the First Protocol (A1P1), read together with Article 14, of the European Convention on Human Rights (ECHR) because it retrospectively interferes with the property rights of certain agricultural landlords. By virtue of section 29(2)(d) of the Scotland Act 1998, an Act of the Scottish Parliament is “not law” if it is incompatible with Convention rights.