Whether it is under an obligation to implement any and every ruling in Scotland arising out of the European Convention on Human Rights.

Section 57 of the Scotland Act provides that members of the Scottish Executive have no power to make any subordinate legislation or to do any other act so far as the legislation or act is incompatible with the rights and freedoms set out in the European Convention of Human Rights (the Convention rights). In addition, section 29 of the Scotland Act provides that an Act of the Scottish Parliament is not law so far as any provision of it is incompatible with any of the Convention rights.It follows that if a court finds that a member of the Executive has acted in a way which is incompatible with any of the Convention rights, it may strike down the action in question as ultra vires and of no effect. It also follows that an Act of the Scottish Parliament would not be law so far as any provision of it was found by a court to be incompatible with any of the Convention Rights.Under section 102 of the Scotland Act, if a court decides that an Act of the Scottish Parliament or any provision of such an Act is not within the legislative competence of the Parliament or that a member of the Scottish Executive does not have the power to make, confirm or approve a provision of subordinate legislation that he has purported to make, confirm or approve, the court has power to make an order removing or limiting any retrospective effect of the decision or suspending the effect of the decision for any period and on any conditions to allow the defect to be corrected.