Christian Institute v Lord Advocate

The appeal was heard by the UK Supreme Court, which was required to determine the question whether the provisions of Part 4 of the Children and Young People (Scotland) Act 2014 lie within the legislative competence of the Scottish Parliament. The appellants contended that the provisions relating to the disclosure of information about children and young people, and the retention of that information, relate to reserved matters, with the consequence that section 29(2)(b) of the Scotland Act 1998 applies. The Court concluded that the provisions in question do relate to reserved matters, in that they have the effect of overriding certain of the requirements of the Data Protection Act 1998. In particular, the provisions in question permit the disclosure of personal data which is not "relevant" to the purpose or purposes for which it is processed, whereas the Act requires that such data must be "relevant". The Court noted that it is necessary to have both the 2014 Act and the DPA in hand to work out the cumulative effect of their provisions. However, the Court considered that it should invite the parties to produce written submissions on the terms of a section 102 order within 42 days of the date of this judgment, and make an order allowing the Scottish Parliament and the Scottish Ministers an opportunity, if so advised, to correct the defects which had been identified. The court which is best placed to make such further orders may be the Court of Session. In the meantime, since the defective provisions are not within the legislative competence of the Parliament, they cannot be brought into force.