Legalize / United Kingdom / Public General Act

Scotland Act 1998

Type Public General Act

Publication 1998-11-19

Last updated 2026-03-18

State In force

Department Statute Law Database

Source legislation.gov.uk

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Local inquiries

6

(1) The draft of an Order in Council laid before the Parliament by the Scottish Ministers for giving effect to the recommendations contained in a report by Boundaries Scotland under paragraph 3 may make provision for any matters which the Scottish Ministers think are incidental to or consequential on the recommendations.

(2) If the draft is approved by resolution of the Parliament the Scottish Ministers must submit it to Her Majesty in Council.

(3) If a motion for the approval of the draft is rejected by the Parliament or withdrawn ... the Scottish Ministers may amend the draft to make such minor or technical alterations as they consider appropriate and lay the amended draft before the Parliament.

(3A) As soon as reasonably practicable after laying the draft so amended, the Scottish Ministers must publish a statement setting out their reasons for making the minor or technical alterations to the draft.

(3B) The Scottish Ministers must not withdraw a draft Order laid before the Parliament under paragraph 3(9)(b) or sub-paragraph (3) except with the agreement of the Parliament.

(4) If the draft as so amended is approved by resolution of the Parliament the Scottish Ministers must submit it to Her Majesty in Council.

(4A) If the Scottish Ministers do not lay an amended draft Order under sub-paragraph (3), the Scottish Ministers must notify Boundaries Scotland that it is required to conduct, in accordance with sub-paragraph (4B), a further review of the alterations proposed to the boundaries by the draft Order which was rejected or withdrawn.

(4B) Once notified, Boundaries Scotland must conduct a further review of the proposed alterations and may determine the manner and the extent of the review, provided that the purpose of the review is to—

(a) consider the representations (if any) of the Parliament, and

(b) reconsider the proposals and make any further or supplementary proposals as it thinks fit.

(4C) This schedule applies to a further review under sub-paragraph (4B) as it applies to a review and report under paragraph 3 except that—

(a) Boundaries Scotland is to submit a report on the further review—

(i) before such date as the Scottish Ministers may direct, or

(ii) in the absence of such direction, within such reasonable time as it may determine,

(b) sub-paragraphs (1)(a), (3) and (4) of paragraph 7 do not apply to a further review under sub-paragraph (4B),

(c) where a report has already been submitted following a further review under sub-paragraph (4B), the Scottish Ministers may notify Boundaries Scotland under sub-paragraph (4A) that it is required to conduct a further review only if the Parliament has by resolution directed them to do so.

(4D) A further review under sub-paragraph (4B) is to be disregarded for the purposes of calculating the intervals between reports of Boundaries Scotland under paragraph 3.

(5) If a draft of an Order in Council is submitted to Her Majesty in Council under this Schedule, Her Majesty in Council may make an order in terms of the draft.

(6) An Order in Council made as mentioned in sub-paragraph (5) comes into force on the date specified in the Order.

(7) The coming into force of the Order does not affect the return of any member to the Parliament or its constitution until the Parliament is dissolved.

(8) The validity of an Order in Council purporting to be made under this Schedule and reciting that a draft of the Order has been approved by a resolution of the Parliament must not be called in question in any legal proceedings whatsoever.

The rules

7

(1) If Boundaries Scotland intend to consider making a report under this Schedule—

(a) it must inform the Scottish Ministers by notice in writing;

(b) it must publish a copy of the notice in the Edinburgh Gazette.

(2) If Boundaries Scotland has provisionally determined to make recommendations affecting a constituency it must publish in such manner as it thinks fit a notice stating—

(a) the effect of the proposed recommendations and (except if the effect is that no alteration should be made in respect of the constituency) that a copy of the recommendations is open to inspection at a specified place in the constituency, and

(b) that representations with respect to the proposed recommendations may be made to the Boundaries Scotland before the end of the period of one month starting the day after the notice is published.

(3) Boundaries Scotland must take into account any representations made in accordance with the notice.

(4) If Boundaries Scotland revise any proposed recommendations after publishing notice of them under sub-paragraph (2) it must comply again with sub-paragraphs (2) and (3) in relation to the revised recommendations as if no earlier notice had been published.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

A constituency shall fall wholly within a region.

2

The regional electorate of any region shall be as near the regional electorate of each of the other regions as is reasonably practicable having regard, where appropriate, to special geographical considerations.

3

So far as reasonably practicable, the ratio which the number of regional member seats bears to the number of constituency member seats shall be 56 to 73.

4

The number of regional member seats for a region shall be—

(a) one eighth of the total number of regional member seats, or

(b) (if that total number is not exactly divisible by eight) either one eighth of the highest number which is less than that total number and exactly divisible by eight or the number produced by adding one to one eighth of that highest number (as provided by sub-paragraphs (2) to (4)).

(2) If the total number of regional member seats is not exactly divisible by eight, the Commission shall calculate the difference between—

(a) the total number of regional member seats, and

(b) the highest number which is less than that total number and exactly divisible by eight,

and that is the number of residual seats to be allocated by the Commission.

(3) The Commission shall not allocate more than one residual seat for a region.

(4) The Commission shall divide the regional electorate for each region by the aggregate of—

(a) the number of constituencies in the region, and

(b) one eighth of the highest number which is less than the total number of regional member seats and exactly divisible by eight,

and, in allocating the residual seat or seats for a region or regions, shall have regard to the desirability of allocating the residual seat or seats to the region or regions for which that calculation produces the highest number or numbers.

8

(1) This paragraph applies if Boundaries Scotland provisionally determine to make recommendations which would involve any alteration in a constituency.

(2) Boundaries Scotland must consider whether any alteration within paragraph 4(2) would be required in order to give effect to the regional rules.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Paragraph 7 applies for the purposes of the proposed recommendations as if for any reference to a constituency there is substituted a reference to a region.

SCHEDULE 2

Membership

1

A person appointed under section 21(2)(b) shall hold office until another member of the Parliament is appointed in his place unless he previously resigns, ceases to be a member of the Parliament otherwise than by virtue of a dissolution or is removed from office by resolution of the Parliament.

Property

2

(1) The corporation may hold property.

(2) Subordinate legislation may provide—

(a) for the transfer to the corporation of any property belonging to a Minister of the Crown or government department, or

(b) for the corporation to have such rights or interests in relation to any property belonging to a Minister of the Crown or government department as the person making the legislation considers appropriate (whether in connection with a transfer or otherwise).

(3) Subordinate legislation under sub-paragraph (2) in relation to any property may provide for the transfer to the corporation of any liabilities relating to the property to which a Minister of the Crown or government department is subject and which subsist immediately before the subordinate legislation comes into force.

(4) Subordinate legislation under sub-paragraph (2) may only be made if the person making the legislation considers it appropriate to do so to enable the corporation to exercise its functions or to facilitate their exercise or in connection with their exercise or proposed exercise.

Staff

3

(1) The corporation shall appoint Assistant Clerks and may appoint other staff.

(2) The Clerk and other persons appointed by the corporation are referred to in this Act as the staff of the Parliament.

(3) It is for the corporation to determine the terms and conditions of appointment of the staff of the Parliament, including arrangements for the payment of pensions, gratuities or allowances to, or in respect of, any person who has ceased to be a member of the staff of the Parliament.

(4) In particular, the corporation may—

(a) make contributions or payments towards provision for such pensions, gratuities or allowances,

(b) establish and administer one or more pension schemes.

Powers

4

(1) Subject to sub-paragraph (4), the corporation may do anything which appears to it to be necessary or expedient for the purpose of or in connection with the discharge of its functions.

(2) That includes, in particular—

(a) entering into contracts,

(b) charging for goods or services,

(d) accepting gifts.

(3) The corporation may sell goods or provide services, and may make arrangements for the sale of goods or provision of services, to the public.

(4) The corporation may borrow sums in sterling by way of overdraft or otherwise for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet that expenditure.

(5) The corporation may borrow money only under sub-paragraph (4) and may borrow under that sub-paragraph only in accordance with the special or general approval of the Parliament.

Delegation

5

The corporation may delegate any of its functions to the Presiding Officer or the Clerk.

Proceedings and business

6

(1) The validity of any act of the corporation shall not be affected by any vacancy among the members, or by any defect in the appointment, or qualification for membership, of any member.

(2) The corporation may determine its own procedure.

(3) The Presiding Officer shall preside at meetings of the corporation, but the corporation may appoint another of its members to preside if the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act.

Crown status

7

(1) Her Majesty may by Order in Council provide for the corporation to be treated to any extent as a Crown body for the purposes of any enactment.

(2) In particular, the Order may for the purposes of any enactment provide—

(a) for employment under the corporation to be treated as employment under the corporation as a Crown body,

(b) for land held, used or managed by the corporation, or operations carried out by or on behalf of the corporation, to be treated (as the case may be) as land held, used or managed, or operations carried out by or on behalf of, the corporation as a Crown body.

(3) For the purposes of this paragraph, “Crown body” means a body which is the servant or agent of the Crown, and includes a government department.

SCHEDULE 3

Preservation of order

1

(1) The standing orders shall include provision for preserving order in the proceedings of the Parliament, including provision for—

(a) preventing conduct which would constitute a criminal offence or contempt of court, and

(b) a sub judice rule.

(2) Such provision may provide for excluding a member of the Parliament from proceedings.

Withdrawal of rights and privileges

2

The standing orders may include provision for withdrawing from a member of the Parliament his rights and privileges as a member.

Proceedings to be in public

3

(1) The standing orders shall include provision requiring the proceedings of the Parliament to be held in public, except in such circumstances as the standing orders may provide.

(2) The standing orders may include provision as to the conditions to be complied with by any member of the public attending the proceedings, including provision for excluding from the proceedings any member of the public who does not comply with those conditions.

Reporting and publishing proceedings

4

The standing orders shall include provision for reporting the proceedings of the Parliament and for publishing the reports.

The Presiding Officer and deputies

5

The standing orders shall include provision for ensuring that the Presiding Officer and deputies do not all represent the same political party.

Committees

6

(1) Standing orders which provide for the appointment of committees may include provision for those committees to have power to appoint sub-committees.

(2) The standing orders shall include provision for ensuring that, in appointing members to committees and sub-committees, regard is had to the balance of political parties in the Parliament.

(3) The standing orders may include provision for excluding from the proceedings of a committee or sub-committee a member of the Parliament who is not a member of the committee or sub-committee.

Crown interests

7

The standing orders shall include provision for ensuring that a Bill containing provisions which would, if the Bill were a Bill for an Act of Parliament, require the consent of Her Majesty, the Prince and Steward of Scotland or the Duke of Cornwall shall not pass unless such consent has been signified to the Parliament.

SCHEDULE 4

Part I — The protected provisions

Particular enactments

1

(1) An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, any of the following provisions.

(2) The provisions are—

(a) Articles 4 and 6 of the Union with Scotland Act 1706 and of the Union with England Act 1707 so far as they relate to freedom of trade,

(b) the Private Legislation Procedure (Scotland) Act 1936,

(d) paragraphs 5(3)(b) and 15(4)(b) of Schedule 32 to the Local Government, Planning and Land Act 1980 (designation of enterprise zones),

(e) sections 140A to 140G of the Social Security Administration Act 1992 (rent rebate and rent allowance subsidy and council tax benefit),

(f) the Human Rights Act 1998 ,

(g) the European Union (Withdrawal) Act 2018 (other than any excluded provision of that Act and any regulations made under that Act), and

(h) the United Kingdom Internal Market Act 2020.

(3) For the purposes of sub-paragraph (2)(g), the following are excluded provisions of the European Union (Withdrawal) Act 2018—

(a) section 1B(3) and (4),

(b) sections 8A to 8C,

(d) sections 13A and 13B,

(e) sections 15A to 15C,

(f) Parts 1A to 1C of Schedule 2,

(g) paragraphs 8A to 8G of Schedule 7, and

(h) paragraphs 31 to 35 of Schedule 8.

The law on reserved matters

2

(1) An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, the law on reserved matters.

(2) In this paragraph, “the law on reserved matters” means—

(a) any enactment the subject-matter of which is a reserved matter and which is comprised in an Act of Parliament or subordinate legislation under an Act of Parliament, and

(b) any rule of law which is not contained in an enactment and the subject-matter of which is a reserved matter,

and in this sub-paragraph “Act of Parliament” does not include this Act.

(3) Sub-paragraph (1) applies in relation to a rule of Scots private law or Scots criminal law (whether or not contained in an enactment) only to the extent that the rule in question is special to a reserved matter or the subject-matter of the rule is—

(a) interest on sums due in respect of taxes or excise duties and refunds of such taxes or duties, or

(b) the obligations, in relation to occupational or personal pension schemes, of the trustees or managers or

(c) the obligations under an order made by virtue of section 12A(2) or (3) of the Family Law (Scotland) Act 1985 (orders relating to pensions lump sums) of the person responsible for a pension arrangement other than an occupational or personal pension scheme; or

(d) the obligations under Chapter I of Part IV of the Welfare Reform and Pensions Act 1999 (sharing of rights under pension arrangements) of the person responsible for such a pension arrangement; or

(e) the effect of Chapter II of Part IV of that Act of 1999 (sharing of rights in state pension schemes) as read with Part II of the Social Security Contributions and Benefits Act 1992 (contributory benefits) and Part 1 of the Pensions Act 2014 (state pension).

(4) In sub paragraph (3)(c) “pension arrangement” and “person responsible for a pension arrangement” have the same meaning as in section 27(1) of the Family Law (Scotland) Act 1985.

(5) Sub-paragraph (3) does not affect sub-paragraph (1) as it applies to an Act of the Scottish Parliament so far as any matter to which a provision of the Act relates falls within exception 10 of Section F1 of Part 2 of Schedule 5.

3

(1) Paragraph 2 does not apply to modifications which—

(a) are incidental to, or consequential on, provision made (whether by virtue of the Act in question or another enactment) which does not relate to reserved matters, and

(b) do not have a greater effect on reserved matters than is necessary to give effect to the purpose of the provision.

(2) In determining for the purposes of sub-paragraph (1)(b) what is necessary to give effect to the purpose of a provision, any power to make laws other than the power of the Parliament is to be disregarded.

(3) Sub-paragraph (1) does not affect the application of paragraph 2 to modifications which are incidental to, or consequential on, any provision, if it is only by virtue of exception 10 of Section F1 of Part 2 of Schedule 5 that the provision does not relate to reserved matters.

This Act

4

(1) An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, this Act.

(2) This paragraph does not apply to modifying—

(a) the following sections in Part 1 (the Scottish Parliament)—

(i) section 1(2) to (5),

(ii) section 2(1), (2), (2B) and (3) to (6),

(iii) sections 3 to 12,

(iv) sections 13 to 22,

(v) sections 24 to 26,

(vi) section 27(1) and (2),

(vii) section 28(4) and (5),

(viii) section 31(3),

(ix) section 36(1)(a) and (b), and (2) and (3), and

(x) sections 38 to 42,

(b) the following sections in Part 2 (the Scottish Administration)—

(i) section 44(1)(a) to (c) and (2),

(ii) section 45(3) to (7),

(iii) section 46(1) to (3),

(iv) section 47(2) and (3)(b) to (e),

(v) section 48(2) to (4),

(vi) section 49(2), (3) and (4)(b) to (e), and

(vii) section 50,

(i) section 69(2) to (5), and

(ii) section 70(1) to (5) and (7) to (9),

(d) in Part 5 (miscellaneous and general), sections 81 to 83, 85, 91, 92(1), (2) and (4) to (6), 93, 94 and 97,

(e) the following provisions in Part 6 (supplementary)—

(i) section 112(1) and (3) to (5), section 113 (except the application of subsection (9)), section 115 and Schedule 7 (so far as those sections and that Schedule apply to any power exercisable within devolved competence to make subordinate legislation),

(ii) sections 118, 120 and 121, and

(iii) section 124 (so far as that section applies to any power exercisable within devolved competence to make subordinate legislation),

(f) Schedule 1 (constituencies, regions and regional members),

(g) paragraphs 1, 2(1) and 3 to 6 of Schedule 2 (Scottish Parliamentary corporate body), and

(h) paragraphs 1 to 6 of Schedule 3 (standing orders - further provision).

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) This paragraph does not apply to modifying any provision of this Act (other than sections 64(7), 66(2), 71(7), 77, 78 and 119) which—

(a) charges any sum on the Scottish Consolidated Fund,

(b) requires any sum to be paid out of that Fund without further approval, . . .

(d) requires or authorises the payment of any sum into that Fund.

(4) This paragraph does not apply to any modifications of Part III which are necessary or expedient for the purpose or in consequence of the establishment of a new fund, in addition to the Scottish Consolidated Fund, out of which loans may be made by the Scottish Ministers.

(5) This paragraph does not apply to—

(a) modifying so much of any enactment as is modified by this Act,

(b) repealing so much of any provision of this Act as amends any enactment, if the provision ceases to have effect in consequence of any enactment comprised in or made under an Act of the Scottish Parliament.

Enactments modified by this Act

5

An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify—

(a) the effect of section 119(3) in relation to any provision of an Act of Parliament relating to judicial salaries,

(b) so much of any enactment as—

(i) is amended by paragraph 2, 7 or 32 of Schedule 8, and

(ii) relates to the Advocate General,

Shared powers

6

An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, any enactment so far as the enactment relates to powers exercisable by a Minister of the Crown by virtue of section 56.

Part II — General exceptions

Restatement, etc.

7

(1) Part I of this Schedule does not prevent an Act of the Scottish Parliament—

(a) restating the law (or restating it with such modifications as are not prevented by that Part), or

(b) repealing any spent enactment,

or conferring power by subordinate legislation to do so.

(2) For the purposes of paragraph 2, the law on reserved matters includes any restatement in an Act of the Scottish Parliament, or subordinate legislation under such an Act, of the law on reserved matters if the subject-matter of the restatement is a reserved matter.

Effect of Interpretation Act 1978

8

Part I of this Schedule does not prevent the operation of any provision of the Interpretation Act 1978.

Change of title etc.

9

(1) Part I of this Schedule does not prevent an Act of the Scottish Parliament amending, or conferring power by subordinate legislation to amend, any enactment by changing—

(a) any of the titles referred to in sub-paragraph (2), or

(b) any reference to a declarator,

in consequence of any provision made by or under an Act of the Scottish Parliament.

(2) The titles are those of—

(a) any court or tribunal or any judge, chairman or officer of a court or tribunal,

(b) any holder of an office in the Scottish Administration which is not a ministerial office or any member of the staff of the Scottish Administration,

Accounts and audit and maladministration

10

Part I of this Schedule does not prevent an Act of the Scottish Parliament modifying, or conferring power by subordinate legislation to modify, any enactment for or in connection with the purposes of section 70 or 91.

Subordinate legislation

11

(1) Part I of this Schedule does not prevent an Act of the Scottish Parliament modifying, or conferring power by subordinate legislation to modify, any enactment for or in connection with any of the following purposes.

(2) Those purposes are—

(a) making different provision in respect of the document by which a power to make subordinate legislation within sub-paragraph (3) is to be exercised,

(b) making different provision (or no provision) for the procedure, in relation to the Parliament, to which legislation made in the exercise of such a power (or the instrument or other document in which it is contained) is to be subject,

(c) applying any enactment comprised in or made under an Act of the Scottish Parliament relating to the documents by which such powers may be exercised.

(3) The power to make the subordinate legislation, or a power to confirm or approve the legislation, must be exercisable by—

(a) a member of the Scottish Executive,

(b) any Scottish public authority with mixed functions or no reserved functions,

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — Consequential modification of sections 53 and 54

12

(1) This paragraph applies to a function which (apart from this Schedule) would be transferred to the Scottish Ministers by virtue of section 53(2)(c).

(2) If, because of anything in Part I of this Schedule, a provision of an Act of the Scottish Parliament modifying an enactment so as to provide for the function to be exercisable by a different person would be outside the legislative competence of the Parliament, the function is not so transferred.

13

(1) Paragraph 12 does not apply to any function conferred by any provision of—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Human Rights Act 1998, except sections 1, 5, 14 to 17 and 22 of that Act,

(2) For the purpose of determining—

(a) whether any function under any of the provisions referred to in sub-paragraph (1) is transferred to the Scottish Ministers by virtue of section 53, and

(b) the extent to which any such function (other than a function of making, confirming or approving subordinate legislation) is exercisable by them,

the references in section 54 to the legislative competence of the Parliament are to be read as if section 29(2)(c) were omitted.

(3) Part I of this Schedule does not prevent an Act of the Scottish Parliament modifying, or conferring power by subordinate legislation to modify, any of the provisions mentioned in sub-paragraph (1) so as to provide for a function transferred to the Scottish Ministers by virtue of section 53 to be exercisable by a different person.

14

If any pre-commencement enactment or prerogative instrument is modified by subordinate legislation under section 105 or under section 71 of the Scotland Act 2016, a function under that enactment or instrument (whether as it has effect before or after the modification) is not transferred by virtue of section 53 if the subordinate legislation provides that it is not to be so transferred.

SCHEDULE 5

Part I — General reservations

The Constitution

1

The following aspects of the constitution are reserved matters, that is—

(a) the Crown, including succession to the Crown and a regency,

(b) the Union of the Kingdoms of Scotland and England,

(d) the continued existence of the High Court of Justiciary as a criminal court of first instance and of appeal,

(e) the continued existence of the Court of Session as a civil court of first instance and of appeal.

2

(1) Paragraph 1 does not reserve—

(a) Her Majesty’s prerogative and other executive functions,

(b) functions exercisable by any person acting on behalf of the Crown, or

(2) Sub-paragraph (1) does not affect the reservation by paragraph 1 of honours and dignities or the functions of the Lord Lyon King of Arms so far as relating to the granting of arms; but this sub-paragraph does not apply to the Lord Lyon King of Arms in his judicial capacity.

(3) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the management (in accordance with any enactment regulating the use of land) of the Crown Estate (that is, the property, rights and interests under the management of the Crown Estate Commissioners).

(3A) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the requirements of section 90B(5) to (8).

(4) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions of the Security Service, the Secret Intelligence Service and the Government Communications Headquarters.

(5) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions exercisable through the Export Credits Guarantee Department.

3

(1) Paragraph 1 does not reserve property belonging to Her Majesty in right of the Crown or belonging to any person acting on behalf of the Crown or held in trust for Her Majesty for the purposes of any person acting on behalf of the Crown.

(2) Paragraph 1 does not reserve the ultimate superiority of the Crown or the superiority of the Prince and Steward of Scotland.

(3) Sub-paragraph (1) does not affect the reservation by paragraph 1 of—

(a) the hereditary revenues of the Crown, other than revenues from bona vacantia, ultimus haeres and treasure trove,

(b) the royal arms and standard,

4

(1) Paragraph 1 does not reserve property held by Her Majesty in Her private capacity.

(2) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the subject-matter of the Crown Private Estates Acts 1800 to 1873.

5

Paragraph 1 does not reserve the use of the Scottish Seal.

Political parties

6

The registration and funding of political parties is a reserved matter but this paragraph does not reserve making payments to any political party for the purpose of assisting members of the Parliament who are connected with the party to perform their Parliamentary duties.

Foreign affairs etc.

7

(1) International relations, including relations with territories outside the United Kingdom, the European Union(and their institutions) and other international organisations, regulation of international trade, and international development assistance and co-operation are reserved matters.

(2) Sub-paragraph (1) does not reserve—

(a) observing and implementing international obligations, obligations under the Human Rights Convention and obligations under EU law,

(b) assisting Ministers of the Crown in relation to any matter to which that sub-paragraph applies.

Public service

8

(1) The Civil Service of the State is a reserved matter.

(2) Sub-paragraph (1) does not reserve the subject-matter of—

(a) Part I of the Sheriff Courts and Legal Officers (Scotland) Act 1927 (appointment of sheriff clerks and procurators fiscal etc.),

(b) Part III of the Administration of Justice (Scotland) Act 1933 (officers of the High Court of Justiciary and of the Court of Session).

Defence

9

(1) The following are reserved matters—

(a) the defence of the realm,

(b) the naval, military or air forces of the Crown, including reserve forces,

(d) international headquarters and defence organisations,

(e) trading with the enemy and enemy property.

(2) Sub-paragraph (1) does not reserve—

(a) the exercise of civil defence functions by any person otherwise than as a member of any force or organisation referred to in sub-paragraph (1)(b) to (d) or any other force or organisation reserved by virtue of sub-paragraph (1)(a),

(b) the conferral of enforcement powers in relation to sea fishing.

Treason

10

Treason (including constructive treason), treason felony and misprision of treason are reserved matters.

Part II — Specific reservations

Preliminary

1

The matters to which any of the Sections in this Part apply are reserved matters for the purposes of this Act.

2

A Section applies to any matter described or referred to in it when read with any illustrations, exceptions or interpretation provisions in that Section.

3

Any illustrations, exceptions or interpretation provisions in a Section relate only to that Section (so that an entry under the heading “exceptions” does not affect any other Section).

Reservations

Part III — General provisions

Scottish public authorities

1

(1) This Schedule does not reserve any Scottish public authority if some of its functions relate to reserved matters and some do not, unless it is a cross-border public authority.

(2) Sub-paragraph (1) has effect as regards—

(a) the constitution of the authority, including its establishment and dissolution, its assets and liabilities and its funding and receipts,

(b) conferring or removing any functions specifically exercisable in relation to the authority.

(3) Sub-paragraph (2)(b) does not apply to any function which is specifically exercisable in relation to a particular function of the authority if the particular function relates to reserved matters.

(4) An authority to which this paragraph applies is referred to in this Act as a Scottish public authority with mixed functions.

2

Paragraph 1 of Part I of this Schedule does not reserve any Scottish public authority with functions none of which relate to reserved matters (referred to in this Act as a Scottish public authority with no reserved functions).

Reserved bodies

3

(1) The reservation of any body to which this paragraph applies has effect to reserve—

(a) its constitution, including its establishment and dissolution, its assets and liabilities and its funding and receipts,

(b) conferring functions on it or removing functions from it,

(2) This paragraph applies to—

(a) a body reserved by name by Part II of this Schedule,

(b) each of the councils reserved by Section C12 of that Part,

(d) the Commission for Equality and Human Rights.

(e) the Office of Communications,

(f) the Gas and Electricity Markets Authority.

Financial assistance to industry

4

(1) This Schedule does not reserve giving financial assistance to commercial activities for the purpose of promoting or sustaining economic development or employment.

(2) Sub-paragraph (1)—

(a) does not apply to giving financial assistance to any activities in pursuance of a power exercisable only in relation to activities which are reserved,

(b) does not apply to Part I of this Schedule, except paragraph 9, or to a body to which paragraph 3 of this Part of this Schedule applies,

(3) Sub-paragraph (1) does not affect the question whether any matter other than financial assistance to which that sub-paragraph applies is reserved.

Interpretation

5

(1) References in this Schedule to the subject-matter of any enactment are to be read as references to the subject-matter of that enactment as it has effect on the principal appointed day or, if it ceased to have effect at any time within the period ending with that day and beginning with the day on which this Act is passed, as it had effect immediately before that time.

(2) Subordinate legislation under section 129(1) may, in relation to the operation of this Schedule at any time before the principal appointed day, modify the references to that day in sub-paragraph (1).

SCHEDULE 6

Part I — Preliminary

1

In this Schedule “devolution issue” means—

(a) a question whether an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament is within the legislative competence of the Parliament,

(b) a question whether any function (being a function which any person has purported, or is proposing, to exercise) is a function of the Scottish Ministers, the First Minister or the Lord Advocate,

(c) a question whether the purported or proposed exercise of a function by a member of the Scottish Executive is, or would be, within devolved competence,

(d) a question whether a purported or proposed exercise of a function by a member of the Scottish Executive is, or would be, incompatible with any of the Convention rights ...,

(e) a question whether a failure to act by a member of the Scottish Executive is incompatible with any of the Convention rights...,

(f) any other question about whether a function is exercisable within devolved competence or in or as regards Scotland and any other question arising by virtue of this Act about reserved matters.

2

A devolution issue shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious.

Part II — Proceedings in Scotland

Application of Part II

3

This Part of this Schedule applies in relation to devolution issues in proceedings in Scotland.

Institution of proceedings

4

(1) Proceedings for the determination of a devolution issue may be instituted by the Advocate General or the Lord Advocate.

(2) The Lord Advocate may defend any such proceedings instituted by the Advocate General.

(3) This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Intimation of devolution issue

5

Intimation of any devolution issue which arises in any proceedings before a court or tribunal shall be given to the Advocate General and the Lord Advocate (unless the person to whom the intimation would be given is a party to the proceedings).

6

A person to whom intimation is given in pursuance of paragraph 5 may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to higher court

7

A court, other than the Supreme Court or any court consisting of three or more judges of the Court of Session, may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Inner House of the Court of Session.

8

A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Inner House of the Court of Session; and any other tribunal may make such a reference.

9

A court, other than any court consisting of two or more judges of the High Court of Justiciary, may refer any devolution issue which arises in criminal proceedings before it to the High Court of Justiciary.

References from superior courts to Supreme Court

10

Any court consisting of three or more judges of the Court of Session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7 or 8) to the Supreme Court.

11

Any court consisting of two or more judges of the High Court of Justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 9) to the Supreme Court.

Appeals from superior courts to Supreme Court

12

An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 7 or 8 shall lie to the Supreme Court.

13

An appeal against a determination of a devolution issue by—

(a) a court of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 9), or

(b) a court of three or more judges of the Court of Session from which there is no appeal to the Supreme Court apart from this paragraph,

shall lie to the Supreme Court, but only with permission of the court from which the appeal lies or, failing such permission, with permission of the Supreme Court.

Part III — Proceedings in England and Wales

Application of Part III

14

This Part of this Schedule applies in relation to devolution issues in proceedings in England and Wales.

Institution of proceedings

15

(1) Proceedings for the determination of a devolution issue may be instituted by the Attorney General.

(2) The Lord Advocate may defend any such proceedings.

(3) This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Notice of devolution issue

16

A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General and the Lord Advocate (unless the person to whom the notice would be given is a party to the proceedings).

17

A person to whom notice is given in pursuance of paragraph 16 may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to High Court or Court of Appeal

18

A magistrates’ court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the High Court.

19

(1) A court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Court of Appeal.

(2) Sub-paragraph (1) does not apply to—

(a) a magistrates’ court, the Court of Appeal or the Supreme Court, or

(b) the High Court if the devolution issue arises in proceedings on a reference under paragraph 18.

20

A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Court of Appeal; and any other tribunal may make such a reference.

21

A court, other than the Supreme Court or the Court of Appeal, may refer any devolution issue which arises in criminal proceedings before it to—

(a) the High Court (if the proceedings are summary proceedings), or

(b) the Court of Appeal (if the proceedings are proceedings on indictment).

References from Court of Appeal to Supreme Court

22

The Court of Appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 19, 20 or 21) to the Supreme Court.

Appeals from superior courts to Supreme Court

23

An appeal against a determination of a devolution issue by the High Court or the Court of Appeal on a reference under paragraph 18, 19, 20 or 21 shall lie to the Supreme Court, but only with permission of the High Court or (as the case may be) the Court of Appeal or, failing such permission, with permission of the Supreme Court.

Part IV — Proceedings in Northern Ireland

Application of Part IV

24

This Part of this Schedule applies in relation to devolution issues in proceedings in Northern Ireland.

Institution of proceedings

25

(1) Proceedings for the determination of a devolution issue may be instituted by the Advocate General for Northern Ireland.

(2) The Lord Advocate may defend any such proceedings.

(3) This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Notice of devolution issue

26

A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Advocate General for Northern Ireland and the Lord Advocate (unless the person to whom the notice would be given is a party to the proceedings).

27

A person to whom notice is given in pursuance of paragraph 26 may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to Court of Appeal

28

A court, other than the Supreme Court or the Court of Appeal in Northern Ireland, may refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland.

29

A tribunal from which there is no appeal shall refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland; and any other tribunal may make such a reference.

References from Court of Appeal to Supreme Court

30

The Court of Appeal in Northern Ireland may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 28 or 29) to the Supreme Court.

Appeals from Court of Appeal to Supreme Court

31

An appeal against a determination of a devolution issue by the Court of Appeal in Northern Ireland on a reference under paragraph 28 or 29 shall lie to the Supreme Court, but only with permission of the Court of Appeal in Northern Ireland or, failing such permission, with permission of the Supreme Court.

Part V — General

Proceedings in the House of Lords

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Direct references to Supreme Court

33

The Lord Advocate, the Advocate General, the Attorney General or the Advocate General for Northern Ireland may require any court or tribunal to refer to the Supreme Court any devolution issue which has arisen in proceedings before it to which he is a party.

34

The Lord Advocate, the Attorney General, the Advocate General or the Advocate General for Northern Ireland may refer to the Supreme Court any devolution issue which is not the subject of proceedings.

35

(1) This paragraph applies where a reference is made under paragraph 34 in relation to a devolution issue which relates to the proposed exercise of a function by a member of the Scottish Executive.

(2) The person making the reference shall notify a member of the Scottish Executive of that fact.

(3) No member of the Scottish Executive shall exercise the function in the manner proposed during the period beginning with the receipt of the notification under sub-paragraph (2) and ending with the reference being decided or otherwise disposed of.

(4) Proceedings relating to any possible failure by a member of the Scottish Executive to comply with sub-paragraph (3) may be instituted by the Advocate General.

(5) Sub-paragraph (4) is without prejudice to any power to institute proceedings exercisable apart from that sub-paragraph by any person.

Expenses

36

(1) A court or tribunal before which any proceedings take place may take account of any additional expense of the kind mentioned in sub-paragraph (3) in deciding any question as to costs or expenses.

(2) In deciding any such question, the court or tribunal may award the whole or part of the additional expense as costs or (as the case may be) expenses to the party who incurred it (whatever the decision on the devolution issue).

(3) The additional expense is any additional expense which the court or tribunal considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of paragraph 6, 17 or 27.

Procedure of courts and tribunals

37

Any power to make provision for regulating the procedure before any court or tribunal shall include power to make provision for the purposes of this Schedule including, in particular, provision—

(a) for prescribing the stage in the proceedings at which a devolution issue is to be raised or referred,

(b) for the sisting or staying of proceedings for the purpose of any proceedings under this Schedule, and

Interpretation

38

Any duty or power conferred by this Schedule to refer a devolution issue to a court shall be construed as a duty or (as the case may be) power to refer the issue to the court for decision.

SCHEDULE 7

General provision

1

(1) Subordinate legislation (or a statutory instrument containing it) under a provision listed in the left-hand column is subject to the type of procedure in the right-hand column.

(2) This paragraph is subject to paragraphs 3 and 4.

Provision of the Act	Type of procedure
. . .	. . .
Section 2(2B)	Type L
Section 12(1)	Type L
Section 12A	Type C
Section 12B	Where the regulations are made by the Scottish Ministers: Type L
Section 12B	Where the regulations are made by a Minister of the Crown: Type C
Section 15	Type D
Section 18(5)	Type J
Section 30	Type A
. . .	. . .
Section 35	Type I
Section 38	Type J
Section 56(2)	Type G
. . .	. . .
Section 58	Type I
Section 60	Type G
Section 62	Type G
Section 63	Type A
Section 64(5)	Type K
Section 65A	Type K
Section 66(5)	Type E
Section 67A(2)	Type E
Section 67(3)	Type E
Section 71(6)	Type K
Section 79	Type E
Section 80B	Type A
Section 80G(1), (1A) or (2)	Type E
Section 80G(1B)	Type K
Section 88	Type I
Section 89	Type F
Section 90	Type F
Section 90B	Type C
Section 93	Type H
Section 96A	Type C
. . .	. . .
. . .	. . .
Section 104	Type G
Section 105	Type G
Section 106	Type G
Section 107	Type G
Section 108	Type A
Section 109	Type H
Section 110(1)	Type C
Section 110(2)	Type I
Section 111	Type A
Section 113(12)	Type A
Section 116(9)	Type G
Section 124(1)	Type G
Section 126(2)	Type B
Section 126(8)	Type H
Section 129(1)	Type G
Schedule 2, paragraph 2	Type G
Schedule 2, paragraph 7	Type H
Schedule 5, Part 3, paragraph 2A	Type A

Types of procedure

2

The types of procedure referred to in this Schedule are—

Type A: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument —has been laid before, and approved by resolution of, each House of Parliament, andhas been laid before, and approved by resolution of, the Parliament.

Type B: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.Type C: No Minister of the Crown is to make the legislation unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.Type D: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.Type E: No Minister of the Crown is to make the legislation unless a draft of the instrument has been laid before, and approved by resolution of, the House of Commons.Type F: The instrument containing the legislation, if made without a draft having been approved by resolution of each House of Parliament and of the Parliament, shall be subject to annulment in pursuance of—a resolution of either House, ora resolution of the Parliament.

Type G: The instrument containing the legislation, if made without a draft having been approved by resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House.Type H: The instrument containing the legislation shall be subject to annulment in pursuance of—a resolution of either House of Parliament, ora resolution of the Parliament.

Type I: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of either House of Parliament.Type J: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the Parliament.Type K: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the House of Commons. Type L: The legislation shall be subject to the affirmative procedure.

Special cases

3

(1) This paragraph applies if—

(a) the instrument containing the legislation would, apart from this paragraph, be subject to the type F, G, H, I or K procedure, and

(b) the legislation contains provisions which add to, replace or omit any part of the text of an Act.

(2) Where this paragraph applies—

(a) instead of the type F procedure, the type A procedure shall apply,

(b) instead of the type G procedure, the type B or (as the case may be) C procedure shall apply,

(d) instead of the type I procedure, the type B or (as the case may be) C procedure shall apply,

(e) instead of the type K procedure, the type E procedure shall apply.

4

If legislation under section 129(1) makes provision as mentioned in section 112(2) then, instead of the type G procedure, the type D procedure shall apply.

5

(1) An instrument containing an Order in Council or order under an open power which revokes, amends or re-enacts subordinate legislation under an open power may (in spite of section 14 of the Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original legislation was subject.

(2) An instrument containing an Order in Council under section 89 or 90 which revokes, amends or re-enacts an Order under either section may (in spite of section 14 of the Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original Order was subject.

SCHEDULE 8

Public Revenue (Scotland) Act 1833 (c. 13)

1

In section 2 of the Public Revenue (Scotland) Act 1833 (regulation of Queen’s and Lord Treasurer’s Remembrancer), for “Treasury” in both places there is substituted “ Scottish Ministers ”.

Crown Suits (Scotland) Act 1857 (c. 44)

2

(1) The Crown Suits (Scotland) Act 1857 is amended as follows.

(2) In section 1 (Crown suits may be brought by or against Lord Advocate)—

(a) after “Crown” there is inserted “ (including the Scottish Administration) ”, and

(b) for “Her Majesty’s Advocate for the time being” there is substituted “ the appropriate Law Officer ”.

(3) In section 2 (authority of Crown required)—

(a) for “Her Majesty’s Advocate” there is substituted “ the appropriate Law Officer ”, and

(b) after “Majesty” there is inserted “ of the part of the Scottish Administration ”.

(4) In section 3 (absence of authority cannot be founded upon), for “Her Majesty’s Advocate” there is substituted “ the appropriate Law Officer ”.

(5) After section 4 there is inserted—

(4A) In this Act “the appropriate Law Officer” means— (a) the Lord Advocate, where the action, suit or proceeding is on behalf of or against any part of the Scottish Administration, and (b) the Advocate General for Scotland, in any other case.

(6) In section 5 (change of Lord Advocate not to affect proceedings)—

(a) for “Her Majesty’s Advocate” there is substituted “ the Lord Advocate or the Advocate General for Scotland ”, and

(b) for “the office of Her Majesty’s Advocate” there is substituted “ that office ”.

Sheriff Courts and Legal Officers (Scotland) Act 1927 (c. 35)

3

(1) The Sheriff Courts and Legal Officers (Scotland) Act 1927 is amended as follows.

(2) In section 1(2) (appointment etc. of procurator fiscal), “with the consent of the Treasury” is omitted.

(3) In section 2 (appointment of sheriff clerk and procurator fiscal deputes), “with the consent of the Treasury as to numbers and salaries” is omitted.

(4) In section 3 (whole-time sheriff clerks and procurators fiscal and deputes), “and in either case with the consent of the Treasury” is omitted.

(5) In section 5 (whole-time clerks), “with the consent of the Treasury as to numbers and salaries” is omitted.

(6) In section 12 (prosecutions at instance of procurator fiscal), “after consultation with the Treasury” is omitted.

Administration of Justice (Scotland) Act 1933 (c. 41)

4

In the Administration of Justice (Scotland) Act 1933, in sections 24(7) and 25 (officers of Court of Session etc.), “and shall be exercised on nomination by the Lord Advocate” is omitted.

Private Legislation Procedure (Scotland) Act 1936 (c. 52)

5

In section 1 of the Private Legislation Procedure (Scotland) Act 1936 (application for provisional order: notices), after subsection (4) there is added—

(5) This section shall not apply where any public authority or any persons desire to obtain parliamentary powers the conferring of which is wholly within the legislative competence of the Scottish Parliament.

United Nations Act 1946 (c. 45)

6

In section 1 of the United Nations Act 1946 (measures to give effect to decisions of Security Council), in subsection (4), for the words following “shall” there is substituted

forthwith after it is made be laid— (a) before Parliament; and (b) if any provision made by the Order would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament, before that Parliament.

Crown Proceedings Act 1947 (c. 44)

7

(1) The Crown Proceedings Act 1947 is amended as follows.

(2) In section 38(2) (interpretation)—

(a) in the definition of “His Majesty’s aircraft”, after “Kingdom” there is inserted “ or the Scottish Administration ”,

(b) in the definition of “His Majesty’s ships”, after “Kingdom” there is inserted “ or the Scottish Administration ” and after “said Government” there is inserted “ or Administration ”, and

(c) in the definition of “officer”, after “Minister of the Crown” there is inserted “ and a member of the Scottish Executive ”.

(3) In section 40 (savings)—

(a) in subsection (2), after “in the United Kingdom”, in each place where those words appear, there is inserted “ or the Scottish Administration ”, and

(b) after subsection (3) there is inserted—

(3A) A certificate of the Scottish Ministers to the effect that— (a) any alleged liability of the Crown arises otherwise than in respect of the Scottish Administration, (b) any proceedings by the Crown are proceedings otherwise than in right of the Scottish Administration, shall, for the purposes of this Act, be conclusive as to that matter.

(4) In the proviso to section 44 (remit from sheriff court to Court of Session on Lord Advocate’s certificate)—

(a) for “Lord Advocate” there is substituted “ appropriate Law Officer ”, and

(b) at the end there is inserted—

In this proviso, “the appropriate Law Officer” means— (a) the Lord Advocate, where the proceedings are against any part of the Scottish Administration, and (b) the Advocate General for Scotland, in any other case.

(5) In section 50 (application to Scotland of section 35), subsection (2) of section 35 as substituted for Scotland is amended as follows—

(a) in paragraph (d)—

(i) after “Crown” there is inserted “ in right of Her Majesty’s Government in the United Kingdom ”,

(ii) for “Lord Advocate” there is substituted “ Advocate General for Scotland ”, and

(iii) after “department”, in the second place where it appears, there is inserted—

(i) shall not be entitled to avail itself of any set-off or counterclaim if the subject matter thereof relates to the Scottish Administration, and (ii)

, and

(b) after that paragraph there is inserted—

(e) a part of the Scottish Administration, in any proceedings against that part or against the Lord Advocate on its behalf, shall not be entitled to avail itself of any set-off or counterclaim if the subject matter thereof relates to another part of the Scottish Administration or to the Crown in right of Her Majesty’s Government in the United Kingdom.

(6) In section 51(2) (application to Scotland of section 38), in paragraph (ii), after “Lord Advocate” there is inserted “ or the Advocate General for Scotland ”.

Public Registers and Records (Scotland) Act 1948 (c. 57)

8

In section 1(1) of the Public Registers and Records (Scotland) Act 1948 (appointment etc. of Keeper of the Registers and Keeper of the Records), for “Secretary of State” there is substituted “ Scottish Ministers ”.

Lands Tribunal Act 1949 (c. 42)

9

In section 2 of the Lands Tribunal Act 1949 (members etc. of Lands Tribunal for Scotland)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) after that subsection there is inserted—

(10) The remuneration of members of the Lands Tribunal for Scotland shall be charged on the Scottish Consolidated Fund.

Defamation Act 1952 (c. 66)

10

In section 10 of the Defamation Act 1952 (limitation on privilege at elections), after “local government authority” there is inserted “ to the Scottish Parliament ”.

Defamation Act (Northern Ireland) 1955 (c. 11 (N.I.))

11

In section 10(2) of the Defamation Act (Northern Ireland) 1955 (limitation on privilege at elections), after “Parliament of the United Kingdom” there is inserted “ or to the Scottish Parliament ”.

Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49)

12

In section 1(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (power of Secretary of State to appoint Registrar General), for “Secretary of State” there is substituted “ Scottish Ministers ”.

Pensions (Increase) Act 1971 (c. 56)

13

In Part II of Schedule 2 to the Pensions (Increase) Act 1971 (official pensions out of local funds), before paragraph 39 there is inserted—

(38AB) A pension payable under a scheme established by virtue of section 81(4)(b) of, or paragraph 3(4)(b) of Schedule 2 to, the Scotland Act 1998.

Superannuation Act 1972 (c. 11)

14

In section 1(6) of the Superannuation Act 1972 (superannuation as respects civil servants etc.), for “or the Consolidated Fund” there is substituted “ the Consolidated Fund or the Scottish Consolidated Fund ”.

European Communities Act 1972 (c. 68)

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation Act 1978 (c. 30)

16

(1) The Interpretation Act 1978 is amended as follows.

(2) After section 23 there is inserted—

(23A) (1) This Act applies in relation to an Act of the Scottish Parliament and an instrument made under such an Act only to the extent provided in this section. (2) Except as provided in subsection (3) below, sections 15 to 18 apply to— (a) an Act of the Scottish Parliament as they apply to an Act, (b) an instrument made under an Act of the Scottish Parliament as they apply to subordinate legislation. (3) In the application of those sections to an Act and to subordinate legislation— (a) references to an enactment include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and (b) the reference in section 17(2)(b) to subordinate legislation includes an instrument made under an Act of the Scottish Parliament. (4) In the application of section 20 to an Act and to subordinate legislation, references to an enactment include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

(3) In Schedule 1 (words and expressions defined), the following definitions are inserted in the appropriate places—

“Act” means an Act of Parliament.

“Enactment” does not include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Education (Scotland) Act 1980 (c. 44)

17

In section 135(1) of the Education (Scotland) Act 1980 (interpretation), in the definition of “Her Majesty’s inspectors”, “on the recommendation of the Secretary of State” is omitted.

Civil Jurisdiction and Judgments Act 1982 (c. 27)

18

(1) Section 46 of the Civil Jurisdiction and Judgments Act 1982 (domicile and seat of the Crown) is amended as follows.

(2) In subsection (3), after paragraph (a) there is inserted—

(aa) the Crown in right of the Scottish Administration has its seat in, and in every place in, Scotland,

(3) In subsection (7), after “Kingdom” there is inserted “ , the Scottish Administration ”.

Mental Health Act 1983 (c. 20)

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National Audit Act 1983 (c. 44)

20

Sections 6 and 7 of the National Audit Act 1983 (value for money studies) shall not apply in relation to—

(a) the Scottish Administration or any part of it, or

(b) any Scottish public authority with mixed functions or no reserved functions.

Tourism (Overseas Promotion) (Scotland) Act 1984 (c. 4)

21

In section 1 of the Tourism (Overseas Promotion) (Scotland) Act 1984 (power of Scottish Tourist Board to promote tourism in Scotland outside UK), subsection (2) is omitted.

Bankruptcy (Scotland) Act 1985 (c. 66)

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insolvency Act 1986 (c. 45)

23

(1) The Insolvency Act 1986 is amended as follows.

(2) Anything directed to be done, or which may be done, to or by the registrar of companies in Scotland by virtue of any of the provisions mentioned in sub-paragraph (3), shall, or (as the case may be) may, also be done to or by the Accountant in Bankruptcy.

(2A) In the case of a building society, friendly society or industrial and provident society which has its registered office in Scotland, anything directed to be done, or which may be done, to or by the Financial Conduct Authority by virtue of any of the provisions mentioned in sub-paragraph (3) as applied (with or without modifications) in relation to the society shall, or (as the case may be) may, also be done to or by the Accountant in Bankruptcy.

(3) Those provisions are: sections 53(1), 54(3), 61(6), 62(5) (so far as relating to the giving of notice), 67(1), 69(2), 84(3), 94(3), 106(3) and (5), 112(3), 130(1), 147(3), 170(2) and 172(8).

(4) Anything directed to be done, or which may be done, to or by the registrar of companies in Scotland by virtue of any of the provisions mentioned in sub-paragraph (5), shall, or (as the case may be) shall instead be done to or by the Accountant in Bankruptcy.

(4A) In the case of a building society, friendly society or industrial and provident society which has its registered office in Scotland, anything directed to be done, or which may be done, to or by the Financial Conduct Authority by virtue of any of those provisions as applied (with or without modifications) in relation to the society shall, or (as the case may be) shall instead be done to or by the Accountant in Bankruptcy.

(5) Those provisions are: sections 89(3), 109(1), 171(5) and (6), 173(2)(a) and 192(1).

(6) In section 427 (members of the House of Commons whose estates are sequestrated etc.), after subsection (6) there is inserted—

(6A) Subsections (4) to (6) have effect in relation to a member of the Scottish Parliament but as if— (a) references to the House of Commons were to the Parliament and references to the Speaker were to the Presiding Officer, and (b) in subsection (4), for “under this section” there were substituted “under section 15(1)(b) of the Scotland Act 1998 by virtue of this section”.

Public Order Act 1986 (c. 64)

24

In section 26(1) of the Public Order Act 1986 (savings for reports of parliamentary proceedings), after “Parliament” there is inserted “ or in the Scottish Parliament ”.

25

(2) In section 12(9) (duration of copyright in literary, dramatic, musical or artistic works), for “166” there is substituted “ 166A ”.

(3) In section 153(2) (qualification for copyright protection), for “166” there is substituted “ 166A ”.

(4) In section 163(6) (Crown copyright), for “and 166” there is substituted “ to 166A ”.

(5) In section 164(1) (Crown copyright in Acts of Parliament etc.), after “Parliament” there is inserted “ Act of the Scottish Parliament ”.

(6) After section 166 there is inserted—

(166A) (1) Copyright in every Bill introduced into the Scottish Parliament belongs to the Scottish Parliamentary Corporate Body. (2) Copyright under this section subsists from the time when the text of the Bill is handed in to the Parliament for introduction— (a) until the Bill receives Royal Assent, or (b) if the Bill does not receive Royal Assent, until it is withdrawn or rejected or no further parliamentary proceedings may be taken in respect of it. (3) References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright. (4) No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Parliament.

(7) In section 178 (minor definitions)—

(a) in the definition of “the Crown”, after “of” there is inserted “ the Scottish Administration or of ”, and

(b) in the definition of “parliamentary proceedings”, after “Assembly” there is inserted “ of the Scottish Parliament ”.

(8) In section 179 (index of defined expressions), in column 2 of the entry for “Parliamentary copyright”, for “and 166(6)” there is substituted “ 166(6) and 166A(3) ”.

Official Secrets Act 1989 (c. 6)

26

(1) Section 12 of the Official Secrets Act 1989 (meaning of “Crown servant” and “government contractor” for the purposes of that Act) is amended as follows.

(2) In subsection (1), after paragraph (a) there is inserted—

(aa) a member of the Scottish Executive or a junior Scottish Minister;

(3) In subsection (2)(a), after “above,” there is inserted “ of any office-holder in the Scottish Administration, ”.

(4) After subsection (3) there is inserted—

(4) In this section “office-holder in the Scottish Administration” has the same meaning as in section 126(7)(a) of the Scotland Act 1998.

Prisons (Scotland) Act 1989 (c. 45)

27

(1) The Prisons (Scotland) Act 1989 is amended as follows.

(2) Section 2 of that Act (appointment of officers etc.) is omitted.

(3) In section 3(1) (prison officers), for the words following “Secretary of State” there is substituted—

(1A) Every prison shall have a governor and such other officers as may be necessary.

(4) In section 3A (medical services)—

(a) in subsection (2), for “appointing” there is substituted “ providing ” and for “appointment” there is substituted “ provision ”, and

(b) in subsection (4), for “appointed” there is substituted “ provided ”.

European Communities (Amendment) Act 1993 (c. 32)

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Scottish Land Court Act 1993 (c. 45)

29

In section 1 of the Scottish Land Court Act 1993 (the Scottish Land Court)—

(a) in subsection (2), for “Secretary of State” there is substituted “ First Minister ”, and

(b) after subsection (2) there is inserted—

(2A) Before recommending the appointment of a person as Chairman, the First Minister shall consult the Lord President of the Court of Session.

Value Added Tax Act 1994 (c. 23)

30

In section 41 of the Value Added Tax Act 1994 (application to the Crown), in subsection (6), after “includes” there is inserted “ the Scottish Administration ”.

Requirements of Writing (Scotland) Act 1995 (c. 7)

31

In section 12(1) of the Requirements of Writing (Scotland) Act 1995 (interpretation)—

(a) in the definition of “Minister”, after “1975” there is inserted “ and also includes a member of the Scottish Executive ”, and

(b) in paragraph (a) of the definition of “officer”, after “Department” there is inserted “ or, as the case may be, as a member of the staff of the Scottish Ministers or the Lord Advocate ”.

Criminal Procedure (Scotland) Act 1995 (c. 46)

32

(1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2) After section 288 there is inserted—

(288A) (1) This section applies where— (a) a person is acquitted or convicted of a charge (whether on indictment or in summary proceedings), and (b) the Advocate General for Scotland was a party to the proceedings in pursuance of paragraph 6 of Schedule 6 to the Scotland Act 1998 (devolution issues). (2) The Advocate General for Scotland may refer any devolution issue which has arisen in the proceedings to the High Court for their opinion; and the Clerk of Justiciary shall send to the person acquitted or convicted and to any solicitor who acted for that person at the trial, a copy of the reference and intimation of the date fixed by the Court for a hearing. (3) The person may, not later than seven days before the date so fixed, intimate in writing to the Clerk of Justiciary and to the Advocate General for Scotland either— (a) that he elects to appear personally at the hearing, or (b) that he elects to be represented by counsel at the hearing, but, except by leave of the Court on cause shown, and without prejudice to his right to attend, he shall not appear or be represented at the hearing other than by and in conformity with an election under this subsection. (4) Where there is no intimation under subsection (3)(b), the High Court shall appoint counsel to act at the hearing as amicus curiae. (5) The costs of representation elected under subsection (3)(b) or of an appointment under subsection (4) shall, after being taxed by the Auditor of the Court of Session, be paid by the Advocate General for Scotland out of money provided by Parliament. (6) The opinion on the point referred under subsection (2) shall not affect the acquittal or (as the case may be) conviction in the trial. (288B) (1) This section applies where the Judicial Committee of the Privy Council determines an appeal under paragraph 13(a) of Schedule 6 to the Scotland Act 1998 against a determination of a devolution issue by the High Court in the ordinary course of proceedings. (2) The determination of the appeal shall not affect any earlier acquittal or earlier quashing of any conviction in the proceedings. (3) Subject to subsection (2) above, the High Court shall have the same powers in relation to the proceedings when remitted to it by the Judicial Committee as it would have if it were considering the proceedings otherwise than as a trial court.

(3) In section 307(1) (interpretation), after the definition of “crime” there is inserted—

“devolution issue” has the same meaning as in Schedule 6 to the Scotland Act 1998;

Defamation Act 1996 (c. 31)

33

(1) The Defamation Act 1996 is amended as follows.

(2) In section 17(1) (interpretation), in the definition of “statutory provision”, after “1978” there is inserted—

(aa) a provision contained in an Act of the Scottish Parliament or in an instrument made under such an Act,

(3) In paragraph 11(1)(c) of Schedule 1 (qualified privilege), after “Minister of the Crown” there is inserted “ a member of the Scottish Executive ”.

Damages Act 1996 (c. 48)

34

In section 6 of the Damages Act 1996 (guarantees for public sector settlements), after subsection (8) there is inserted—

(8A) In the application of subsection (3) above to Scotland, for the words from “guidelines” to the end there shall be substituted “the Minister”.

SCHEDULE 9

Ordinary general elections.

General transfer of functions.

Subordinate legislation: general.

Consolidated Fund etc.

1

(1) There are to be 73 constituencies for the purposes of this Act.

(2) The constituencies are—

(za) the existing constituency of Na h-Eileanan an Iar,

(a) the Orkney Islands,

(b) the Shetland Islands, and

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

(1) There are to be eight regions for the purposes of this Act.

(2) The regions are the regions provided for by an Order in Council under paragraph 6.

(3) Seven regional members are to be returned for each region.

Proposed recommendations by Boundary Committee for Scotland

4A

(1) When the Boundary Committee for Scotland provisionally determine (in pursuance of the 1986 Act) proposed recommendations which they are minded to include in a report under section 3A(2) of that Act and which would involve any alteration in any parliamentary constituencies in Scotland, the Committee shall consider whether any alteration within paragraph 3(2) would be required to be made in order to give effect to the rules in paragraph 7.

(2) Any such report by the Committee as is mentioned in sub-paragraph (1) shall contain, in addition, the recommendations which the Committee propose should be included in the Electoral Commission’s section 3 report in the light of the Committee’s consideration of the question mentioned in that sub-paragraph.

(3) In section 3A of the 1986 Act—

(a) subsection (3) shall apply with any necessary modifications in relation to any such proposed recommendations as they apply in relation to any proposed recommendations of a Boundary Committee under section 3A(2) of that Act; and

(b) in subsection (4), the first reference to that Act shall include a reference to this Schedule, and the reference to the rules set out as there mentioned shall include a reference to the rules set out in paragraph 7.

(4) In this paragraph—

“the Boundary Committee for Scotland” means the Committee of that name established by the Electoral Commission under section 14 of the Political Parties, Elections and Referendums Act 2000;

“the Electoral Commission’s section 3 report” means the report of the Electoral Commission under section 3 of the 1986 Act for the purposes of which the proposed recommendations mentioned in sub-paragraph (1) would be made.

Interpretation

9

(1) Boundaries Scotland may if it thinks fit cause a local inquiry to be held in respect of any constituency or constituencies.

(2) If Boundaries Scotland receive any relevant representations objecting to a proposed recommendation for the alteration of a constituency it must not make the recommendation unless since the publication of the notice under paragraph 7(2) a local inquiry has been held in respect of the constituency.

(3) If a local inquiry was held in respect of the constituency before the publication of the notice under paragraph 7(2), sub-paragraph (2) above does not apply if Boundaries Scotland after considering—

(a) the matters discussed at the inquiry,

(b) the nature of the relevant representations received, and

think that a further local inquiry is not justified.

(4) A relevant representation is a representation made in accordance with paragraph 7(2)(b)—

(a) by the council for an area which is wholly or partly comprised in the constituency;

(b) by a body of not less than 100 persons entitled to vote as electors at an election for membership of the Parliament held in the constituency.

4A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reservations

Head A – Financial and Economic Matters

A1. Fiscal, economic and monetary policy

Section A1.

Exceptions

A2. The currency

Section A2.

A3. Financial services

Section A3.

Exception

A4. Financial markets

Section A4.

A5. Money laundering

Section A5.

Head B – Home Affairs

B1. Misuse of drugs

Section B1.

B2. Data protection

Section B2.

Interpretation

B3. Elections

Section B3.

B4. Firearms

Section B4.

B5. Entertainment

Section B5.

B6. Immigration and nationality

Section B6.

B7.Scientific procedures on live animals

Section B7.

B8. National security, interception of communications, official secrets and terrorism

Section B8.

B9. Betting, gaming and lotteries

Section B9.

Exception

B10. Emergency powers

Section B10.

B11. Extradition

Section B11.

B12. Lieutenancies

Section B12.

Interpretation of Acts of the Scottish Parliament etc.

B13

Exception

Head C – Trade and Industry

C1. Business associations

Section C1.

Exceptions

Interpretation

C2. Insolvency

Section C2.

Exceptions

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