97 Assistance for registered political parties in the Parliament.
(1) The Parliament may by resolution make provision for payments to be made to registered political parties for the purpose of assisting members of the Parliament who are connected with the parties to perform their Parliamentary duties.
(2) A resolution under subsection (1) may—
(a) confer functions on the Parliamentary corporation,
(b) determine, or make provision for determining, the circumstances in which a member of the Parliament and a registered political party are to be regarded for the purposes of the resolution as connected,
(c) make different provision for different purposes.
99 Rights and liabilities of the Crown in different capacities.
(1) Rights and liabilities may arise between the Crown in right of Her Majesty’s Government in the United Kingdom and the Crown in right of the Scottish Administration by virtue of a contract, by operation of law or by virtue of an enactment as they may arise between subjects.
(2) Property and liabilities may be transferred between the Crown in one of those capacities and the Crown in the other capacity as they may be transferred between subjects; and they may together create, vary or extinguish any property or liability as subjects may.
(3) Proceedings in respect of—
(a) any property or liabilities to which the Crown in one of those capacities is entitled or subject under subsection (1) or (2), or
(b) the exercise of, or failure to exercise, any function exercisable by an office-holder of the Crown in one of those capacities,
may be instituted by the Crown in either capacity; and the Crown in the other capacity may be a separate party in the proceedings.
(4) This section applies to a unilateral obligation as it applies to a contract.
(5) In this section—
“office-holder”, in relation to the Crown in right of Her Majesty’s Government in the United Kingdom, means any Minister of the Crown or other office-holder under the Crown in that capacity and, in relation to the Crown in right of the Scottish Administration, means any office-holder in the Scottish Administration,
“subject” means a person not acting on behalf of the Crown.
(1) This Act does not enable a person—
(a) to bring any proceedings in a court or tribunal on the ground that an act is incompatible with the Convention rights, or
(b) to rely on any of the Convention rights in any such proceedings,
unless he would be a victim for the purposes of Article 34 of the Convention (within the meaning of the Human Rights Act 1998) if proceedings in respect of the act were brought in the European Court of Human Rights.
(2) Subsection (1) does not apply to the Lord Advocate, the Advocate General, the Attorney General , the Advocate General for Northern Ireland or the Attorney General for Northern Ireland.
(3) This Act does not enable a court or tribunal to award any damages in respect of an act which is incompatible with any of the Convention rights which it could not award if section 8(3) and (4) of the Human Rights Act 1998 applied.
(3A) Subsection (3B) applies to any proceedings brought by virtue of this Act against the Scottish Ministers or a member of the Scottish Government in a court or tribunal on the ground that an act of the Scottish Ministers or a member of the Scottish Government is incompatible with the Convention rights.
(3B) Proceedings to which this subsection applies must be brought before the end of—
(a) the period of one year beginning with the date on which the act complained of took place, or
(b) such longer period as the court or tribunal considers equitable having regard to all the circumstances,
but that is subject to any rule imposing a stricter time limit in relation to the procedure in question.
(3C) Subsection (3B) does not apply to proceedings brought by the Lord Advocate, the Advocate General, the Attorney General, the Attorney General for Northern Ireland or the Advocate General for Northern Ireland.
(3D) In subsections (3A) and (3B) “ act ” does not include the making of any legislation but it does include any other act or failure to act (including a failure to make legislation).
(3E) In subsection (3B) “ rule ” has the same meaning as it has in section 7(5) of the Human Rights Act 1998.
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(4) ... Subject to subsection (3D),in this section “act” means—
(a) making any legislation,
(b) any other act or failure to act, if it is the act or failure of a member of the Scottish Government.
101 Interpretation of Acts of the Scottish Parliament etc.
(1) This section applies to—
(a) any provision of an Act of the Scottish Parliament, or of a Bill for such an Act, and
(b) any provision of subordinate legislation made, confirmed or approved, or purporting to be made, confirmed or approved, by a member of the Scottish Government,
which could be read in such a way as to be outside competence.
(2) Such a provision is to be read as narrowly as is required for it to be within competence, if such a reading is possible, and is to have effect accordingly.
(3) In this section “competence”—
(a) in relation to an Act of the Scottish Parliament, or a Bill for such an Act, means the legislative competence of the Parliament, and
(b) in relation to subordinate legislation, means the powers conferred by virtue of this Act.
102 Powers of courts or tribunals to vary retrospective decisions.
(1) This section applies where any court or tribunal decides that—
(a) an Act of the Scottish Parliament or any provision of such an Act is not within the legislative competence of the Parliament, or
(b) a member of the Scottish Government does not have the power to make, confirm or approve a provision of subordinate legislation that he has purported to make, confirm or approve , or
(c) any other purported exercise of a function by a member of the Scottish Government was outside devolved competence.
(2) The court or tribunal may make an order—
(a) removing or limiting any retrospective effect of the decision, or
(b) suspending the effect of the decision for any period and on any conditions to allow the defect to be corrected.
(3) In deciding whether to make an order under this section, the court or tribunal shall (among other things) have regard to the extent to which persons who are not parties to the proceedings would otherwise be adversely affected.
(4) Where a court or tribunal is considering whether to make an order under this section, it shall order intimation of that fact to be given to—
(a) the Lord Advocate, and
(b) the appropriate law officer, where the decision mentioned in subsection (1) relates to a devolution issue (within the meaning of Schedule 6), or to a compatibility issue,
unless the person to whom the intimation would be given is a party to the proceedings.
(5) A person to whom intimation is given under subsection (4) may take part as a party in the proceedings so far as they relate to the making of the order.
(5A) Where the decision mentioned in subsection (1) is a decision of the Supreme Court on a compatibility issue, the power to make an order under this section is exercisable by the High Court of Justiciary instead of the Supreme Court.
(6) Paragraphs 36 and 37 of Schedule 6 apply with necessary modifications for the purposes of subsections (4) and (5) as they apply for the purposes of that Schedule.
(7) In this section—
“ compatibility issue ” has the meaning given by section 288ZA of the Criminal Procedure (Scotland) Act 1995,
“intimation” includes notice,
“the appropriate law officer” means—
in relation to proceedings in Scotland, the Advocate General,
in relation to proceedings in England and Wales, the Attorney General,
in relation to proceedings in Northern Ireland, the Advocate General for Northern Ireland.
104 Power to make provision consequential on legislation of, or scrutinised by, the Parliament.
(1) Subordinate legislation may make such provision as the person making the legislation considers necessary or expedient in consequence of any provision made by or under any Act of the Scottish Parliament or made by legislation mentioned in subsection (2).
(2) The legislation is subordinate legislation under an Act of Parliament made by—
(a) a member of the Scottish Government,
(b) a Scottish public authority with mixed functions or no reserved functions, or
(c) any other person (not being a Minister of the Crown) if the function of making the legislation is exercisable within devolved competence.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
105 Power to make provision consequential on this Act.
Subordinate legislation may make such modifications in any pre-commencement enactment or prerogative instrument or any other instrument or document as appear to the person making the legislation necessary or expedient in consequence of this Act.
(1) Subordinate legislation may make such provision (including, in particular, provision modifying a function exercisable by a Minister of the Crown) as the person making the legislation considers appropriate for the purpose of enabling or otherwise facilitating the transfer of a function to the Scottish Ministers by virtue of section 53 or 63.
(2) Subordinate legislation under subsection (1) may, in particular, provide for any function which—
(a) is not exercisable separately in or as regards Scotland to be so exercisable, or
(b) is not otherwise exercisable separately within devolved competence to be so exercisable.
(3) The reference in subsection (1) to the transfer of a function to the Scottish Ministers shall be read as including the sharing of a function with the Scottish Ministers or its other adaptation.
(4) No recommendation shall be made to Her Majesty in Council to make, and no Minister of the Crown shall make, subordinate legislation under this section which modifies a function of observing or implementing an obligation mentioned in subsection (5) unless the Scottish Ministers have been consulted about the modification.
(5) The obligation is an international obligation, or an assimilated obligation, to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise), where the quantity relates to the United Kingdom (or to an area including the United Kingdom or to an area consisting of a part of the United Kingdom which includes the whole or part of Scotland).
(6) If subordinate legislation under this section modifies a function of observing or implementing such an international obligation so that the function to be transferred to the Scottish Ministers relates only to achieving so much of the result to be achieved under the obligation as is specified in the legislation, references in section 58 to the international obligation are to be read as references to the requirement to achieve that much of the result.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subordinate legislation may make such provision as the person making the legislation considers necessary or expedient in consequence of—
(a) an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament which is not, or may not be, within the legislative competence of the Parliament, or
(b) any purported exercise by a member of the Scottish Government of his functions which is not, or may not be, an exercise or a proper exercise of those functions.
108 Agreed redistribution of functions exercisable by the Scottish Ministers etc.
(1) Her Majesty may by Order in Council provide for any functions exercisable by a member of the Scottish Government to be exercisable—
(a) by a Minister of the Crown instead of by the member of the Scottish Government,
(b) by a Minister of the Crown concurrently with the member of the Scottish Government, or
(c) by the member of the Scottish Government only with the agreement of, or after consultation with, a Minister of the Crown.
(2) Where an Order is made under subsection (1)(a) or (b) in relation to a function of the Scottish Ministers, the First Minister or the Lord Advocate which is exercisable only with the agreement of, or after consultation with, any other of those persons, the function shall, unless the Order provides otherwise, be exercisable by the Minister of the Crown free from any such requirement.
(3) An Order under this section may, in particular, provide for any function exercisable by a Minister of the Crown by virtue of an Order under subsection (1)(a) or (b) to be exercisable subject to a requirement for the function to be exercised with the agreement of, or after consultation with, another person.
(4) This section does not apply to any retained functions of the Lord Advocate which fall within section 52(6)(a).
109 Agreed redistribution of property and liabilities.
(1) Her Majesty may by Order in Council provide—
(a) for the transfer to a Minister of the Crown or government department of any property belonging to the Scottish Ministers or the Lord Advocate, or
(b) for a Minister of the Crown or government department to have such rights or interests in relation to any property belonging to the Scottish Ministers or the Lord Advocate as Her Majesty considers appropriate (whether in connection with a transfer or otherwise).
(2) Her Majesty may by Order in Council provide for the transfer to a Minister of the Crown or government department of any liabilities to which the Scottish Ministers or the Lord Advocate are subject.
(3) An Order in Council under this section may only be made in connection with any transfer or sharing of functions of a member of the Scottish Government by virtue of section 108 or in any other circumstances in which Her Majesty considers it appropriate to do so for the purposes of this Act.
110 Scottish taxpayers for social security purposes.
(1) The Secretary of State may by order provide for individuals of any description specified in the order to be treated for the purposes of any of the matters that are reserved matters by virtue of Head F of Part II of Schedule 5 as if they were, or were not, Scottish taxpayers.
(2) The Secretary of State may by order provide in relation to any year of assessment that, for those purposes, the basic rate in relation to the income of Scottish taxpayers shall be treated as being such rate as is specified in the order (instead of the rate increased or reduced for that year by virtue of any resolution of the Parliament in pursuance of section 73 passed after the beginning of the year).
(3) An order under this section may apply in respect of any individuals whether Scotland is the part of the United Kingdom with which they have the closest connection or not.
(4) In this section “Scottish taxpayer” has the same meaning as in Part IV.
(1) Her Majesty may by Order in Council make provision for or in connection with the conservation, management and exploitation of salmon, trout, eels, lampreys, smelt, shad and freshwater fish in the Border rivers.
(2) An Order under subsection (1) may—
(a) exclude the application of section 53 in relation to any Border rivers function,
(b) confer power to make subordinate legislation.
(3) In particular, provision may be made by such an Order—
(a) conferring any function on a Minister of the Crown, the Scottish Ministers or a public body in relation to the Border rivers,
(b) for any Border rivers function exercisable by any person to be exercisable instead by a person (or another person) mentioned in paragraph (a),
(c) for any Border rivers function exercisable by any person to be exercisable concurrently or jointly with, or with the agreement of or after consultation with, a person (or another person) mentioned in paragraph (a).
(4) In this section—
“the Border rivers” means the Rivers Tweed and Esk,
“Border rivers function” means a function conferred by any enactment, so far as exercisable in relation to the Border rivers,
“conservation”, in relation to salmon, trout, eels, lampreys, smelt, shad and freshwater fish, includes the protection of their environment,
“eels”, “fish”, “freshwater fish”, “salmon”, “smelt” and “trout” have the same meanings as in the Salmon and Freshwater Fisheries Act 1975 (as amended by the Marine and Coastal Access Act 2009),
“the River Tweed” means the Tweed district (as defined in article 2(1) of the Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913)).
“the River Esk” means the river of that name which, for part of its length, constitutes the border between England and Scotland including—
its tributary streams (which for this purpose include the River Sark and its tributary streams), and
such waters on the landward side of its estuary limits as are determined by an Order under subsection (1),
together with its banks;
and references to the Border rivers include any part of the Border rivers.
(5) An Order under subsection (1) may modify the definitions in subsection (4) of the River Tweed and the River Esk.
(6) An Order under subsection (1) may amend that subsection so as to—
(a) add any description of fish to it, or
(b) remove any description of fish from it.
(1) Any power to make subordinate legislation conferred by this Act shall, if no other provision is made as to the person by whom the power is exercisable, be exercisable by Her Majesty by Order in Council or by a Minister of the Crown by order.
(2) But the power to make subordinate legislation under section 129(1) providing—
(a) for the appropriation of sums forming part of the Scottish Consolidated Fund, or
(b) for sums received by any person to be appropriated in aid of sums appropriated as mentioned in paragraph (a),
shall be exercisable only by Her Majesty by Order in Council.
(3) References in this Act to an open power are to a power to which subsection (1) applies (and include a power to make subordinate legislation under section 129(1) whether or not the legislation makes provision as mentioned in subsection (2)).
(4) An Order in Council under an open power may revoke, amend or re-enact an order, as well as an Order in Council, under the power; and an order under an open power may revoke, amend or re-enact an Order in Council, as well as an order, under the power.
(5) Any power to make subordinate legislation conferred by this Act shall, in relation to its exercise by a Minister of the Crown or a member of the Scottish Government, be exercisable by statutory instrument.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) References in this section to a power are to an open power and to any other power to make subordinate legislation conferred by this Act which is exercisable by Her Majesty in Council or by a Minister of the Crown, and include a power as extended by this section.
(1A) Subsections (2) to (11), except subsection (9), apply also to the power of the Scottish Ministers to make an order under section 12 or regulations under section 12B.
(2) A power may be exercised so as to make different provision for different purposes.
(3) A power (as well as being exercisable in relation to all cases to which it extends) may be exercised in relation to—
(a) those cases subject to specified exceptions, or
(b) any particular case or class of case.
(4) A power includes power to make—
(a) any supplementary, incidental or consequential provision, and
(b) any transitory, transitional or saving provision,
which the person making the legislation considers necessary or expedient.
(5) A power may be exercised by modifying—
(a) any enactment or prerogative instrument,
(b) any other instrument or document,
if the subordinate legislation (or a statutory instrument containing it) would be subject to any of the types of procedure referred to in Schedule 7.
(6) But a power to modify enactments does not (unless otherwise stated) extend to making modifications of this Act or subordinate legislation under it.
(7) A power may be exercised so as to make provision for the delegation of functions.
(8) A power includes power to make provision for sums to be payable out of the Scottish Consolidated Fund or charged on the Fund.
(9) A power includes power to make provision for the payment of sums out of money provided by Parliament or for sums to be charged on and paid out of the Consolidated Fund.
(9A) A power may not be exercised so as to create any criminal offence punishable with any of the penalties specified for the offence in subsection (9B) or (10).
(9B) In relation to Scotland, the specified penalties are—
(a) where the offence is triable on summary complaint only, imprisonment for a period exceeding 12 months and a fine exceeding level 5 on the standard scale,
(b) where an offence triable either on indictment or on summary complaint is tried on summary complaint, imprisonment for a period exceeding 12 months and a fine exceeding the statutory maximum,
(c) where the offence is tried on indictment, imprisonment for a period exceeding two years.
(10) In relation to England and Wales and Northern Ireland, the specified penalties are—
(a) where the offence is tried summarily, imprisonment for a period exceeding the prescribed term and a fine exceeding—
(i) in the case of a summary offence, level 5 on the standard scale,
(ii) in the case of an offence triable either way, the statutory maximum,
(b) where the offence is tried on indictment, imprisonment for a period exceeding two years.
(10A) In subsection (10)(a), “the prescribed term” means—
(a) in relation to England and Wales, where the offence is a summary offence, 51 weeks;
(b) in relation to England and Wales, where the offence is triable either way, the general limit in a magistrates’ court;
(c) in relation to ... Northern Ireland, three months.
(10AA) If a power—
(a) is exercised so as to make provision for a summary offence under the law of England and Wales to be punishable with imprisonment for more than 6 months (“the relevant provision”) and
(b) is so exercised—
(i) on or after 2 May 2022, but
(ii) before the day on which section 281(5) of the Criminal Justice Act 2003 comes into force,
the power must also be exercised so as to provide that, in relation to an offence committed before the day referred to in paragraph (b)(ii), any reference in the relevant provision to a term of imprisonment of more than 6 months is to be read as a reference to a term of imprisonment of 6 months.
(11) The fact that a power is conferred does not prejudice the extent of any other power.
(12) Her Majesty may by Order in Council amend subsection (9B) or (10) so as to change—
(a) any period of imprisonment specified there, or
(b) the amount of any fine so specified.
(1) A power to make subordinate legislation conferred by any of the following provisions of this Act may be exercised by modifying any enactment comprised in or made under this Act (except Schedules 4 and 5): sections 12B, 66(5), 89, 104, 107, 108 and 129(1).
(2) The reference in subsection (1) to a power to make subordinate legislation includes a power as extended by section 113.
(3) A power to make subordinate legislation conferred by any of the following provisions of this Act may be exercised so as to make provision having retrospective effect: sections 30, 58(4), 104 and 107.
(1) Schedule 7 (which determines the procedure which is to apply to subordinate legislation under this Act in relation to each House of Parliament and the Scottish Parliament) shall have effect.
(2) In spite of the fact that that Schedule provides for subordinate legislation under a particular provision of this Act (or the statutory instrument containing it) to be subject to any type of procedure in relation to the Parliament, the provision conferring the power to make that legislation may be brought into force at any time after the passing of this Act.
(3) Accordingly, any subordinate legislation (or the statutory instrument containing it) made in the exercise of the power in the period beginning with that time and ending immediately before the principal appointed day is to be subject to such other type of procedure (if any) as may be specified in subordinate legislation made under section 129(1).
(1) This section applies in relation to subordinate legislation under section 60, 62, 90 or 109 or paragraph 2 of Schedule 2.
(2) Any such subordinate legislation may, in particular—
(a) provide for the creation of rights or interests, or the imposition of liabilities or conditions, in relation to property transferred, or rights or interests acquired, by virtue of such legislation,
(b) provide for any property, liabilities or conditions to be determined under such legislation,
(c) make provision (other than provision imposing a charge to tax) as to the tax treatment of anything done by virtue of such legislation.
(3) No order shall be made by a Minister of the Crown by virtue of subsection (2)(c), and no recommendation shall be made to Her Majesty in Council to make an Order in Council by virtue of subsection (2)(c), without the agreement of the Treasury.
(4) Subordinate legislation to which this section applies shall have effect in relation to any property or liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities.
(5) A right of pre-emption, right of irritancy, right of return or other similar right shall not operate or become exercisable as a result of any transfer of property by virtue of any subordinate legislation to which this section applies.
(6) Any such right shall have effect in the case of any such transfer as if the transferee were the same person in law as the transferor and as if no transfer of the property had taken place.
(7) Such compensation as is just shall be paid to any person in respect of any such right which would, apart from subsection (5), have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of that subsection, cannot subsequently operate in his favour or (as the case may be) become exercisable by him.
(8) Any compensation payable by virtue of subsection (7) shall be paid by the transferor or by the transferee or by both.
(9) Subordinate legislation under this subsection may provide for the determination of any disputes as to whether and, if so, how much, compensation is payable by virtue of subsection (7) and as to the person to whom or by whom it shall be paid.
(10) Subsections (4) to (9) apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property; and references to the transferor and transferee shall be read accordingly.
(11) A certificate issued by the Secretary of State that any property or liability has, or has not, been transferred by virtue of subordinate legislation under section 60 or 62 or paragraph 2 of Schedule 2 shall be conclusive evidence of the transfer or (as the case may be) the fact that there has not been a transfer.
(12) A certificate issued by the Secretary of State and the Scottish Ministers that any property or liability has, or has not, been transferred by virtue of an Order in Council under section 90 or 109 shall be conclusive evidence of the transfer or (as the case may be) the fact that there has not been a transfer.
(13) In this section “right of return” means any right under a provision for the return or reversion of property in specified circumstances.
So far as may be necessary for the purpose or in consequence of the exercise of a function by a member of the Scottish Government within devolved competence, any pre-commencement enactment or prerogative instrument, and any other instrument or document, shall be read as if references to a Minister of the Crown (however described) were or included references to the Scottish Ministers.
(1) Subsection (2) applies in relation to the exercise by a member of the Scottish Government within devolved competence of a function to make, confirm or approve subordinate legislation.
(2) If a pre-commencement enactment makes provision—
(a) for any instrument or the draft of any instrument made in the exercise of such a function to be laid before Parliament or either House of Parliament,
(b) for the annulment or approval of any such instrument or draft by or in pursuance of a resolution of either or both Houses of Parliament, or
(c) prohibiting the making of such an instrument without that approval,
the provision shall have effect, so far as it relates to the exercise of the function by a member of the Scottish Government within devolved competence, as if any reference in it to Parliament or either House of Parliament were a reference to the Scottish Parliament.
(3) Where—
(a) a function of making, confirming or approving subordinate legislation conferred by a pre-commencement enactment is exercisable by a Scottish public authority with mixed functions or no reserved functions, and
(b) a pre-commencement enactment makes such provision in relation to the exercise of the function as is mentioned in subsection (2),
the provision shall have effect, so far as it relates to the exercise of the function by that authority, as if any reference in it to Parliament or either House of Parliament were a reference to the Scottish Parliament.
(4) Where—
(a) a function of making, confirming or approving subordinate legislation conferred by a pre-commencement enactment is exercisable within devolved competence by a person other than a Minister of the Crown, a member of the Scottish Government or a Scottish public authority with mixed functions or no reserved functions, and
(b) a pre-commencement enactment makes such provision in relation to the exercise of the function as is mentioned in subsection (2),
the provision shall have effect, so far as it relates to the exercise of the function by that person within devolved competence, as if any reference in it to Parliament or either House of Parliament were a reference to the Scottish Parliament.
(5) If a pre-commencement enactment applies the Statutory Instruments Act 1946 as if a function of the kind mentioned in subsection (3) or (4) were exercisable by a Minister of the Crown, that Act shall apply, so far as the function is exercisable as mentioned in paragraph (a) of subsection (3) or (as the case may be) (4), as if the function were exercisable by the Scottish Ministers.
(1) In this section “Scottish functions” means—
(a) functions of the Scottish Ministers, the First Minister or the Lord Advocate which are exercisable within devolved competence,
(b) functions of any Scottish public authority with mixed functions or no reserved functions.
(2) Subject to subsections (3) and (5), a provision of a pre-commencement enactment which—
(a) requires or authorises the payment of any sum out of the Consolidated Fund or money provided by Parliament, or
(b) requires or authorises the payment of any sum into the Consolidated Fund,
shall cease to have effect in relation to any Scottish functions.
(3) A provision of a pre-commencement enactment which—
(a) charges any sum on the Consolidated Fund,
(b) requires the payment of any sum out of the Consolidated Fund without further appropriation, or
(c) requires or authorises the payment of any sum into the Consolidated Fund by a person other than a Minister of the Crown,
shall have effect in relation to any Scottish functions as if it provided for the sum to be charged on the Scottish Consolidated Fund or required it to be paid out of that Fund without further approval or required or authorised it to be paid into that Fund (as the case may be).
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) A provision of a pre-commencement enactment which authorises any sums to be applied as money provided by Parliament instead of being paid into the Consolidated Fund shall have effect in relation to any Scottish functions as if it authorised those sums to be applied as if they had been paid out of the Scottish Consolidated Fund in accordance with rules under section 65(1)(c) instead of being paid into that Fund.
(6) Where a power to lend money under a pre-commencement enactment is exercisable by the Scottish Ministers, subsection (7) applies to any sums which, for the purpose or as the result of the exercise of the power, would be required (apart from that subsection)—
(a) to be issued by the Treasury out of the National Loans Fund, or
(b) to be paid into that Fund.
(7) Those sums shall instead—
(a) be paid out of the Scottish Consolidated Fund without further approval, or
(b) be paid into that Fund,
(as the case may be).
A provision of a pre-commencement enactment which—
(a) requires any account to be examined, certified and reported on by, or to be open to the inspection of, the Comptroller and Auditor General, or
(b) requires him to have access to any other document for carrying out any such examination,
shall have effect in relation to any Scottish functions (within the meaning of section 119) as if the references to the Comptroller and Auditor General were to the Auditor General for Scotland.
121 Requirements to lay reports etc. before Parliament.
(1) This section applies where—
(a) a pre-commencement enactment makes provision for any report to be laid before Parliament or either House of Parliament, and
(b) the report concerns Scottish functions.
(2) If the report only concerns Scottish functions, it shall be laid instead before the Scottish Parliament.
(3) In any other case, it shall be laid before the Scottish Parliament as well as before Parliament or (as the case may be) either House of Parliament.
(4) In this section—
“report” includes accounts and any statement,
“Scottish functions” has the same meaning as in section 119.
(1) In any provision about the application of any pre-commencement enactment to Crown land—
(a) references to a Minister of the Crown or government department shall be read as including the Scottish Ministers and the Lord Advocate, and
(b) references to a Minister of the Crown or government department having the management of the land shall be read as including any member of the Scottish Government having the management of the land.
(2) In this section, “Crown land” has the meaning given by section 242 of the Town and Country Planning (Scotland) Act 1997.
In section 55 of the Finance Act 1987 (Crown exemption from stamp duty) references to a Minister of the Crown shall be read as including the Scottish Ministers, the Lord Advocate and the Parliamentary corporation.
(1) Subordinate legislation may provide for any provision of sections 94 and 117 to 122 not to apply, or to apply with modifications, in such cases as the person making the legislation considers appropriate.
(2) Subordinate legislation made by Her Majesty in Council or a Minister of the Crown under this Act may, in connection with any other provision made by the legislation, also provide for any provision of sections 94 and 117 to 122 not to apply, or to apply with modifications.
(1) Schedule 8 (which makes modifications of enactments) shall have effect.
(2) The enactments mentioned in Schedule 9 are repealed to the extent specified in that Schedule.
(1) In this Act—
“body” includes unincorporated association,
“constituencies” and “regions”, in relation to the Parliament, mean the constituencies and regions provided for by Schedule 1,
“constituency member” means a member of the Parliament for a constituency,
“the Convention rights” has the same meaning as in the Human Rights Act 1998,
“document” means anything in which information is recorded in any form (and references to producing a document are to be read accordingly),
“enactment” includes an Act of the Scottish Parliament, Northern Ireland legislation (within the meaning of the Northern Ireland Act 1998) and an enactment comprised in subordinate legislation, and includes an enactment comprised in, or in subordinate legislation under, an Act of Parliament, whenever passed or made,
“financial year” means a year ending with 31st March,
“functions” includes powers and duties, and “confer”, in relation to functions, includes impose,
“government department” means any department of the Government of the United Kingdom,
“the Human Rights Convention” means—
the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950, and
the Protocols to the Convention,
as they have effect for the time being in relation to the United Kingdom,
“Minister of the Crown” includes the Treasury,
“modify” includes amend or repeal,
“occupational pension scheme”, “personal pension scheme” and “public service pension scheme” have the meanings given by section 1 of the Pension Schemes Act 1993, . . .
“the Parliament” means the Scottish Parliament,
“parliamentary”, in relation to constituencies, elections and electors, is to be taken to refer to the Parliament of the United Kingdom,
“prerogative instrument” means an Order in Council, warrant, charter or other instrument made under the prerogative,
“the principal appointed day” means the day appointed by an order under section 130 which is designated by the order as the principal appointed day,
“proceedings”, in relation to the Parliament, includes proceedings of any committee or sub-committee,
“property” includes rights and interests of any description,
“regional member” means a member of the Parliament for a region,
“Scotland” includes so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Scotland,
“Scottish public authority” means any public body (except the Parliamentary corporation), public office or holder of such an office whose functions (in each case) are exercisable only in or as regards Scotland,
“the Scottish zone” means the sea within British fishery limits (that is, the limits set by or under section 1 of the Fishery Limits Act 1976) which is adjacent to Scotland,
“standing orders” means standing orders of the Parliament,
“subordinate legislation” has the same meaning as in the Interpretation Act 1978 and also includes an instrument made under an Act of the Scottish Parliament,
“tribunal” means any tribunal in which legal proceedings may be brought.
(2) Her Majesty may by Order in Council determine, or make provision for determining, for the purposes of this Act any boundary between waters which are to be treated as internal waters or territorial sea of the United Kingdom, or sea within British fishery limits, adjacent to Scotland and those which are not.
(3) For the purposes of this Act—
(a) the question whether any function of a body, government department, office or office-holder relates to reserved matters is to be determined by reference to the purpose for which the function is exercisable, having regard (among other things) to the likely effects in all the circumstances of any exercise of the function, but
(b) bodies to which paragraph 3 of Part III of Schedule 5 applies are to be treated as if all their functions were functions which relate to reserved matters.
(4) References in this Act to Scots private law are to the following areas of the civil law of Scotland—
(a) the general principles of private law (including private international law),
(b) the law of persons (including natural persons, legal persons and unincorporated bodies),
(c) the law of obligations (including obligations arising from contract, unilateral promise, delict, unjustified enrichment and negotiorum gestio),
(d) the law of property (including heritable and moveable property, trusts and succession), and
(e) the law of actions (including jurisdiction, remedies, evidence, procedure, diligence, recognition and enforcement of court orders, limitation of actions and arbitration),
and include references to judicial review of administrative action.
(5) References in this Act to Scots criminal law include criminal offences, jurisdiction, evidence, procedure and penalties and the treatment of offenders.
(6) References in this Act and in any other enactment to the Scottish Administration are to the office-holders in the Scottish Administration and the members of the staff of the Scottish Administration.
(7) For the purposes of this Act—
(a) references to office-holders in the Scottish Administration are to—
(i) members of the Scottish Government and junior Scottish Ministers, and
(ii) the holders of offices in the Scottish Administration which are not ministerial offices, and
(b) references to members of the staff of the Scottish Administration are to the staff of the persons referred to in paragraph (a).
(8) For the purposes of this Act, the offices in the Scottish Administration which are not ministerial offices are—
(a) the Registrar General of Births, Deaths and Marriages for Scotland, the Keeper of the Registers of Scotland and the Keeper of the Records of Scotland, and
(b) any other office of a description specified in an Order in Council made by Her Majesty under this subsection.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) In this Act, “international obligations” means any international obligations of the United Kingdom other than obligations to observe and implement ... the Convention rights.
(11) In this Act, “by virtue of” includes “by” and “under”.
In this Act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.
Expression | Provision of this Act
Act of the Scottish Parliament | Section 28(1)
Advocate General | Section 32(4)
Auditor General for Scotland | Section 69
Body | Section 126(1)
By virtue of | Section 126(11)
Clerk, and Assistant Clerk | Section 20 and paragraph 3 of Schedule 2
. . . | . . .
Constituencies and constituency member | Section 126(1)
The Convention rights | Section 126(1)
Cross-border public authority | Section 88(5)
Devolved competence (in relation to the exercise of functions) | Section 54
Devolved tax | Section 80A(4)
Document | Section 126(1)
Enactment | Sections 113(6) and 126(1)
Financial year | Section 126(1)
Functions | Section 126(1)
Government department | Section 126(1)
The Human Rights Convention | Section 126(1)
International obligations | Section 126(10)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Legislative competence | Section 29
Member of the Scottish Government | Section 44(1)
Members of the staff of the Scottish Administration | Section 126(7)
Minister of the Crown | Section 126(1)
Modify | Section 126(1)
Occupational pension scheme, personal pension scheme and public service pension scheme | Section 126(1)
Office-holders in the Scottish Administration | Section 126(7)
Offices in the Scottish Administration which are not ministerial offices | Section 126(8)
Open power | Section 112(3)
The Parliament | Section 126(1)
“parliamentary” (in relation to constituencies, elections and electors) | Section 126(1)
The Parliamentary corporation | Section 21(1)
Pre-commencement enactment | Section 53(3)
Prerogative instrument | Section 126(1)
Presiding Officer | Section 19
Principal appointed day | Section 126(1)
Proceedings | Section 126(1)
Property | Section 126(1)
Regional list (in relation to a party) | Section 5(4)
Regional returning officer | Section 12(6)
Regional vote | Section 6(2)
Regions and regional member | Section 126(1)
Registered political party | Section 5(9)
Reserved matters | Schedule 5
Retained functions (in relation to the Lord Advocate) | Section 52(6)
Scotland | Section 126(1) and (2)
Scots criminal law | Section 126(5)
Scots private law | Section 126(4)
Scottish Administration | Section 126(6)
Scottish Ministers | Section 44(2)
Scottish public authority | Section 126(1)
Scottish public authority with mixed functions or no reserved functions | Paragraphs 1 and 2 of Part III of Schedule 5
Scottish Seal | Section 2(6)
The Scottish zone | Section 126(1)
Staff of the Parliament | Paragraph 3 of Schedule 2
Standing orders | Section 126(1)
Subordinate legislation | Section 126(1)
Tribunal | Section 126(1)
(1) There shall be paid out of money provided by Parliament—
(a) any expenditure incurred by a Minister of the Crown by virtue of this Act, and
(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
(2) There shall be paid into the Consolidated Fund any sums received by a Minister of the Crown by virtue of this Act which are not payable into the National Loans Fund.
(1) Subordinate legislation may make such provision as the person making the legislation considers necessary or expedient for transitory or transitional purposes in connection with the coming into force of any provision of this Act.
(2) If any of the following provisions come into force before the Human Rights Act 1998 has come into force (or come fully into force), the provision shall have effect until the time when that Act is fully in force as it will have effect after that time: sections 29(2)(d), 57(2) and (3), 100 and 126(1) and Schedule 6.
(1) Sections 19 to 43, Parts II to V, sections 117 to 124 and section 125 (except so far as relating to paragraphs 10, 11, 19 and 23(1) and (6) of Schedule 8) shall come into force on such day as the Secretary of State may by order appoint.
(2) Different days may be appointed under this section for different purposes.
SCHEDULE 1 Constituencies, regions and regional members
General
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
(c) the constituencies provided for by an Order in Council under paragraph 6.
(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.
Reports of Boundaries Scotland
3 (1) Boundaries Scotland must keep under review the boundaries of the constituencies (other than those mentioned in paragraph 1(2)(za), (a) and (b)).
(2) The review must be conducted in accordance with the constituency rules.
(3) Boundaries Scotland must submit to the Scottish Ministers a report—
(a) showing the alterations it proposes to the boundaries, or
(b) stating that in its opinion no alteration should be made.
(4) The first report of Boundaries Scotland to the Scottish Ministers under this paragraph must be submitted to the Scottish Ministers no later than 1 May 2025.
(5) Subsequent reports must be submitted not less than eight nor more than twelve years after the date of the submission of the last report.
(6) Boundaries Scotland may also from time to time ... submit to the Scottish Ministers reports with respect to the area comprised in any two or more constituencies showing the constituencies into which it recommends the area should be divided in order to give effect to the constituency rules.
(7) A report under sub-paragraph (6) must recommend the same number of constituencies as that in which the area is comprised.
(7A) Boundaries Scotland may not submit to the Scottish Ministers—
(a) a report mentioned in sub-paragraph (5), or
(b) a report under sub-paragraph (6),
during the period of 18 months immediately preceding the date of the next ordinary general election for membership of the Parliament.
(8) A report of Boundaries Scotland which recommends an alteration to the boundaries of constituencies must state as respects each constituency—
(a) the name by which it recommends it is to be known;
(b) whether it recommends that it is to be a county or a burgh constituency.
(9) As soon as practicable after Boundaries Scotland have submitted a report to the Scottish Ministers under this paragraph the Scottish Ministers must lay before the Parliament —
(a) the report, and
(b) the draft of an Order in Council for giving effect to the recommendations contained in the report.
(10) Sub-paragraph (9)(b) does not apply if the report states that no alteration is required to be made to the boundaries of the constituencies.
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 (1) This paragraph applies if Boundaries Scotland submit a report to the Scottish Ministers recommending an alteration in a constituency.
(2) In the report Boundaries Scotland must recommend any alteration in any of the regions which it thinks is necessary to give effect to the regional rules.
(3) A report making a recommendation for an alteration in a region must recommend the name by which Boundaries Scotland think the region should be known.
...
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Orders in Council
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.
Notice of proposed report or recommendations
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
Local inquiries
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
(c) any other relevant circumstances,
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.
10 (1) Boundaries Scotland may if it thinks fit cause a local inquiry to be held in respect of any region or regions.
(2) If Boundaries Scotland receive any relevant representations objecting to a proposed recommendation for the alteration of a region 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 region.
(3) If a local inquiry was held in respect of the region 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
(c) any other relevant circumstances,
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 included in the region;
(b) by a body of not less than 500 persons entitled to vote as electors at an election for membership of the Parliament held in any one or more of the constituencies included in the region.
11 Section 210(4) and (5) of the Local Government (Scotland) Act 1973 (c. 65) (attendance of witnesses at inquiries) applies in relation to a local inquiry held under paragraph 9 or 10.
The constituency rules
12 These are the constituency rules.
Rule 1
(1) So far as is practicable, regard must be had to the boundaries of the local government areas having effect from time to time under section 1 of the Local Government etc. (Scotland) Act 1994.
...
Rule 2
(1) The electorate of a constituency must be as near the electoral quota as is practicable, having regard to Rule 1.
(2) Boundaries Scotland may depart from the strict application of Rule 1 if it thinks that it is desirable to do so to avoid an excessive disparity between the electorate of a constituency and the electoral quota or between the electorate of a constituency and that of neighbouring constituencies.
(3) The electoral quota is the number obtained by dividing the total electorate by 70.
(4) The electorate of a constituency is the aggregate of the persons falling within paragraphs (5) and (6) below.
(5) A person falls within this paragraph if his name appears on the register of local government electors in force on the enumeration date under the Representation of the People Acts for a local government area which is situated wholly in the constituency.
(6) A person falls within this paragraph if his name appears on the register of local government electors in force on the enumeration date under the Representation of the People Acts for a local government area which is situated partly in the constituency and his qualifying address is situated in the constituency.
(7) The total electorate is the total number of persons whose names appear on the registers of local government electors in force on the enumeration date under the Representation of the People Acts for all of the local government areas in Scotland (except the local government areas of Comhairle nan Eilean Siar, Orkney and Shetland).
(8) The enumeration date is, in relation to a report of Boundaries Scotland ..., the date on which notice with respect to the report is published in the Edinburgh Gazette in accordance with paragraph 7(1) above.
(9) “ Qualifying address ” and “ local government area ” have the same meanings as in the Representation of the People Act 1983 (c. 2).
Rule 3
Boundaries Scotland may depart from the strict application of Rules 1 and 2 if it thinks that special geographical considerations (including in particular the size, shape and accessibility of a constituency) render it desirable to do so.
Rule 4
Boundaries Scotland need not aim at giving full effect in all circumstances to Rules 1 to 3 but it must take account (so far as it reasonably can)—
(a) of the inconveniences attendant on alterations of constituencies other than alterations made for the purposes of Rule 1, and
(b) of any local ties which would be broken by such alterations.
The regional rules
13 These are the regional rules.
Rule 1
A constituency must fall wholly within a region.
Rule 2
The regional electorate of a region must be as near the regional electorate of each of the other regions as is practicable, having regard (where appropriate) to special geographical considerations.
14 (1) This paragraph applies for the purposes of the regional rules.
(2) For the purposes of a report of Boundaries Scotland in relation to a region, the regional electorate is the number of persons—
(a) whose names appear on the enumeration date on the registers of local government electors in the region, and
(b) who are registered at addresses within a constituency included in the region.
(3) The enumeration date is the date on which notice with respect to the report is published in the Edinburgh Gazette in accordance with paragraph 7(1) above.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 21.
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,
(c) investing sums not immediately required in relation to the discharge of its functions, and
(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.
Section 22.
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 (1) The standing orders shall include provision for ensuring that the available officers do not all represent the same political party.
(2) The available officers are—
(a) the Presiding Officer and the deputies appointed under section 19(1), except in the case where one or more of them is unable to act and there is at least one additional deputy;
(b) in that case, such of the Presiding Officer and deputies as are for the time being able to act.
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 Enactments etc. protected from modification
Sections 29 and 53(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,
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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,
(c) section 10(3) and (4),
(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,
(c) in Part 3 (financial provisions)—
(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, . . .
(c) requires any sum to be payable out of that Fund, or
(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.
4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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,
(c) so much of any enactment as is amended by paragraph 9(b) or 29 of Schedule 8.
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,
(c) any register.
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,
(c) any other person (not being a Minister of the Crown) within devolved competence.
(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,
(c) the law on reserved matters (for the purposes of paragraph 2) so far as contained in an enactment.
(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.