Law

Scotland Act 1998

United Kingdom · statute

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In force since 2026-09-16, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 165 provisions
  1. Title and introductory text
  2. 1 The Scottish Parliament.
  3. 2 Ordinary general elections.
  4. 3 Extraordinary general elections.
  5. 4 Calculating time for meeting of the Parliament.
  6. 5 Candidates.
  7. 6 Poll for regional members.
  8. 7 Calculation of regional figures.
  9. 8 Allocation of seats to regional members.
  10. 9 Constituency vacancies.
  11. 10 Regional vacancies.
  12. 11 Electors.
  13. 12 Power of the Scottish Ministers to make provision about elections
  14. 12A Power of the Secretary of State to make provision about the combination of polls
  15. 12B Power to make provision about the use of the UK digital service for absent voting applications
  16. 13 Term of office of members.
  17. 14 Resignation of members.
  18. 15 Disqualification from membership of the Parliament.
  19. 16 Exceptions and relief from disqualification.
  20. 17 Effect of disqualification.
  21. 18 Judicial proceedings as to disqualification.
  22. 19 Presiding Officer.
  23. 20 Clerk of the Parliament.
  24. 21 Scottish Parliamentary Corporate Body.
  25. 22 Standing orders.
  26. 23 Power to call for witnesses and documents.
  27. 23A Power to impose requirements on specific bodies
  28. 24 Witnesses and documents: notice.
  29. 25 Witnesses and documents: offences.
  30. 26 Witnesses and documents: general.
  31. 27 Participation of the Scottish Law Officers.
  32. 28 Acts of the Scottish Parliament.
  33. 29 Legislative competence.
  34. 30 Legislative competence: supplementary.
  35. 30A Legislative competence: restriction relating to retained EU law
  36. 31 Scrutiny of Bills for legislative competence and protected subject-matter .
  37. 31A Two-thirds majority for Bills relating to a protected subject-matter
  38. 32 Submission of Bills for Royal Assent.
  39. 32A Scrutiny of Bills by the Supreme Court (protected subject-matter)
  40. 33 Scrutiny of Bills by the Supreme Court (legislative competence) .
  41. 34 ECJ references.
  42. 35 Power to intervene in certain cases.
  43. 36 Stages of Bills.
  44. 37 Acts of Union.
  45. 38 Letters Patent and proclamations.
  46. 39 Members’ interests.
  47. 40 Proceedings by or against the Parliament etc.
  48. 41 Defamatory statements.
  49. 42 Contempt of court.
  50. 43 Corrupt practices.
  51. 44 The Scottish Government.
  52. 45 The First Minister.
  53. 46 Choice of the First Minister.
  54. 47 Ministers.
  55. 48 The Scottish Law Officers.
  56. 49 Junior Scottish Ministers.
  57. 50 Validity of acts of Scottish Ministers etc.
  58. 51 The Civil Service.
  59. 52 Exercise of functions.
  60. 53 General transfer of functions.
  61. 54 Devolved competence.
  62. 55 Functions exercisable with agreement.
  63. 56 Shared powers.
  64. 57 ... Convention rights ....
  65. 58 Power to prevent or require action.
  66. 59 Property and liabilities of the Scottish Ministers.
  67. 60 Transfers to the Scottish Ministers.
  68. 61 Property and liabilities of the Lord Advocate and the First Minister.
  69. 62 Transfers to the Lord Advocate.
  70. 63 Power to transfer functions.
  71. 63A Permanence of the Scottish Parliament and Scottish Government
  72. 64 Scottish Consolidated Fund.
  73. 64A Assignment of VAT
  74. 65 Payments out of the Fund.
  75. 65A Destination of fines, forfeitures and fixed penalties
  76. 66 Borrowing by the Scottish Ministers etc.
  77. 67 Lending by the Secretary of State.
  78. 67A Lending for capital expenditure
  79. 68 Borrowing by statutory bodies.
  80. 69 The Auditor General for Scotland.
  81. 70 Financial control, accounts and audit.
  82. 71 Existing debt.
  83. 72 Accounts of loans to the Scottish Ministers.
  84. 80A Overview of Part 4A
  85. 80B Power to add new devolved taxes
  86. 80C Power to set Scottish rates for Scottish taxpayers
  87. 80D Scottish taxpayers
  88. 80DA Scottish taxpayers: Welsh parliamentarians
  89. 80E Close connection with Scotland or another part of the UK
  90. 80F Days spent in Scotland or another part of the UK
  91. 80G Supplemental powers to modify enactments
  92. 80H Reimbursement of expenses
  93. 80HA Report by the Comptroller and Auditor General
  94. 80I Tax on transactions involving interests in land
  95. 80J Certain transactions not taxable
  96. 80K Tax on disposals to landfill
  97. 80L Tax on carriage of passengers by air
  98. 80M Tax on commercial exploitation of aggregate
  99. 80N Tax on Wild Fisheries
  100. 80O Tax in connection with building control approval etc
  101. 81 Remuneration of members of the Parliament and Government.
  102. 82 Limits on salaries of members of the Parliament.
  103. 83 Remuneration: supplementary.
  104. 84 Oaths.
  105. 85 Exemption from jury service.
  106. 86 Scottish representation at Westminster.
  107. 87 The Advocate General for Scotland.
  108. 88 Cross-border public authorities: initial status.
  109. 89 Power to adapt etc. cross-border public authorities.
  110. 90 Power to transfer property of cross-border public authorities.
  111. 90A BBC Trust member for Scotland
  112. 90B The Crown Estate
  113. 90C Renewable electricity incentive schemes: consultation
  114. 91 Maladministration.
  115. 92 Queen’s Printer for Scotland.
  116. 93 Agency arrangements.
  117. 94 Private legislation.
  118. 95 Appointment and removal of judges.
  119. 96 Provision of information to the Treasury.
  120. 96A Provision of information to the Office for Budget Responsibility
  121. 97 Assistance for registered political parties in the Parliament.
  122. 98 Devolution issues.
  123. 99 Rights and liabilities of the Crown in different capacities.
  124. 100 Human rights.
  125. 101 Interpretation of Acts of the Scottish Parliament etc.
  126. 102 Powers of courts or tribunals to vary retrospective decisions.
  127. 103 The Judicial Committee.
  128. 104 Power to make provision consequential on legislation of, or scrutinised by, the Parliament.
  129. 105 Power to make provision consequential on this Act.
  130. 106 Power to adapt functions.
  131. 107 Legislative power to remedy ultra vires acts.
  132. 108 Agreed redistribution of functions exercisable by the Scottish Ministers etc.
  133. 109 Agreed redistribution of property and liabilities.
  134. 110 Scottish taxpayers for social security purposes.
  135. 111 Regulation of Tweed and Esk fisheries.
  136. 112 Subordinate legislation: general.
  137. 113 Subordinate legislation: scope of powers.
  138. 114 Subordinate legislation: particular provisions.
  139. 115 Subordinate legislation: procedure.
  140. 116 Transfer of property: supplementary.
  141. 117 Ministers of the Crown.
  142. 118 Subordinate instruments.
  143. 119 Consolidated Fund etc.
  144. 120 Accounts and audit.
  145. 121 Requirements to lay reports etc. before Parliament.
  146. 122 Crown land.
  147. 123 Stamp duty.
  148. 124 Modification of sections 94 and 117 to 122.
  149. 125 Amendments and repeals.
  150. 126 Interpretation.
  151. 127 Index of defined expressions.
  152. 128 Expenses.
  153. 129 Transitional provisions etc.
  154. 130 Commencement.
  155. 131 Extent.
  156. 132 Short title.
  157. SCHEDULE 1 Constituencies, regions and regional members
  158. SCHEDULE 2 Scottish Parliamentary Corporate Body
  159. SCHEDULE 3 Standing orders – further provision
  160. SCHEDULE 4 Enactments etc. protected from modification
  161. SCHEDULE 5 Reserved matters
  162. SCHEDULE 6 Devolution issues
  163. SCHEDULE 7 Procedure for subordinate legislation
  164. SCHEDULE 8 Modifications of enactments
  165. SCHEDULE 9 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

165 provisions

34 ECJ references.

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35 Power to intervene in certain cases.

(1) If a Bill contains provisions— (a) which the Secretary of State has reasonable grounds to believe would be incompatible with any international obligations or the interests of defence or national security, or (b) which make modifications of the law as it applies to reserved matters and which the Secretary of State has reasonable grounds to believe would have an adverse effect on the operation of the law as it applies to reserved matters, he may make an order prohibiting the Presiding Officer from submitting the Bill for Royal Assent. (2) The order must identify the Bill and the provisions in question and state the reasons for making the order. (3) The order may be made at any time during— (a) the period of four weeks beginning with the passing of the Bill, (b) any period of four weeks beginning with any ... approval of the Bill in accordance with standing orders made by virtue of section 36(5), (c) if a reference is made in relation to the Bill under section 32A(2)(b) or 33, the period of four weeks beginning with the reference being decided or otherwise disposed of by the Supreme Court. (4) The Secretary of State shall not make an order in relation to a Bill if he has notified the Presiding Officer that he does not intend to do so, unless the Bill has been approved as mentioned in subsection (3)(b) since the notification. (5) An order in force under this section at a time when such approval is given shall cease to have effect.

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36 Stages of Bills.

(1) Standing orders shall include provision— (a) for general debate on a Bill with an opportunity for members to vote on its general principles, (b) for the consideration of, and an opportunity for members to vote on, the details of a Bill, and (c) for a final stage at which a Bill can be passed or rejected. (2) Subsection (1) does not prevent standing orders making provision to enable the Parliament to expedite proceedings in relation to a particular Bill. (3) Standing orders may make provision different from that required by subsection (1) for the procedure applicable to Bills of any of the following kinds— (a) Bills which restate the law, (b) Bills which repeal spent enactments, (c) private Bills. (4) Standing orders shall provide for an opportunity for the reconsideration of a Bill after its passing if (and only if)— (a) the Supreme Court decides that the Bill or any provision of it would not be within the legislative competence of the Parliament, (aa) the Supreme Court decides on a reference made in relation to the Bill under section 32A(2)(b) that any provision of the Bill relates to a protected subject-matter, (b) ... or (c) an order is made in relation to the Bill under section 35. (4A) Standing orders shall provide for an opportunity for the reconsideration of a Bill after its rejection if (and only if), on a reference made in relation to the Bill under section 32A(2)(a), the Supreme Court decides that no provision that is subject to the reference relates to a protected subject-matter. (5) Standing orders shall, in particular, ensure that — (a) any Bill amended on reconsideration in accordance with standing orders made by virtue of subsection (4)(a) ... or (c), and (b) any Bill reconsidered in accordance with standing orders made by virtue of subsection (4)(aa) or (4A), is subject to a final stage at which it can be approved or rejected. (6) References in subsection (4), sections 28(2), 31(2A), 31A, 32A(2)(b) and 38(1)(a) and paragraph 7 of Schedule 3 to the passing of a Bill shall, in the case of a Bill to which subsection (5)(a) or (b) applies, be read as references to the approval of the Bill.

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37 Acts of Union.

The Union with Scotland Act 1706 and the Union with England Act 1707 have effect subject to this Act.

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38 Letters Patent and proclamations.

(1) The Keeper of the Registers of Scotland shall record in the Register of the Great Seal— (a) all Letters Patent signed with Her Majesty’s own hand signifying Her Assent to a Bill passed by the Parliament, and (b) all royal proclamations under sections 2(5) and 3(2), which have passed under the Scottish Seal. (2) On recording such Letters Patent he shall intimate the date of recording to the Clerk. (3) Her Majesty may by Order in Council make provision as to— (a) the form and manner of preparation, and (b) the publication, of such Letters Patent and proclamations. (4) If the First Minister so directs, impressions with the same device as the Scottish Seal shall be taken in such manner, of such size and on such material as is specified in the direction. (5) Each such impression— (a) shall be known as a Wafer Scottish Seal, and (b) shall be kept in accordance with directions of the First Minister. (6) If a Wafer Scottish Seal has been applied to Letters Patent or a proclamation mentioned in subsection (1), the document has the same validity as if it had passed under the Scottish Seal.

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39 Members’ interests.

(1) Provision shall be made for a register of interests of members of the Parliament and for the register to be published and made available for public inspection. (2) Provision shall be made— (a) requiring members of the Parliament to register in that register financial interests (including benefits in kind), as defined for the purposes of this paragraph, (b) requiring that any member of the Parliament who has a financial interest (including benefits in kind), as defined for the purposes of this paragraph, in any matter declares that interest before taking part in any proceedings of the Parliament relating to that matter. (3) Provision made in pursuance of subsection (2) shall include any provision which the Parliament considers appropriate for preventing or restricting the participation in proceedings of the Parliament of a member with an interest defined for the purposes of subsection (2)(a) or (b) in a matter to which the proceedings relate. (4) Provision shall be made prohibiting a member of the Parliament from— (a) advocating or initiating any cause or matter on behalf of any person, by any means specified in the provision, in consideration of any payment or benefit in kind of a description so specified, or (b) urging, in consideration of any such payment or benefit in kind, any other member of the Parliament to advocate or initiate any cause or matter on behalf of any person by any such means. (4A) Any requirement or prohibition (however expressed) imposed by provision made in pursuance of subsections (2) to (4) may be subject to such exceptions as are specified in the provision. (5) Provision may be made for— (a) excluding a member from the proceedings of the Parliament, (b) imposing on a member such other sanctions as the Parliament considers appropriate, if the member fails to comply with, or contravenes, any provision made in pursuance of subsections (2) to (4) or this subsection. (5A) Provision made under subsection (5) may include provision that a sanction is not to be imposed in such circumstances as are specified in the provision. (6) Provision made under subsection (5) may include provision that the member is guilty of an offence. (7) A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (8) In this section— (a) “provision” means provision made by or under an Act of the Scottish Parliament, (b) references to members of the Parliament include references to the Lord Advocate and the Solicitor General for Scotland, whether or not they are such members.

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40 Proceedings by or against the Parliament etc.

(1) Proceedings by or against the Parliament shall be instituted by or (as the case may be) against the Parliamentary corporation on behalf of the Parliament. (2) Proceedings by or against— (a) the Presiding Officer or a deputy, or (b) any member of the staff of the Parliament, shall be instituted by or (as the case may be) against the corporation on his behalf. (3) In any proceedings against the Parliament, the court shall not make an order for suspension, interdict, reduction or specific performance (or other like order) but may instead make a declarator. (4) In any proceedings against— (a) any member of the Parliament, (b) the Presiding Officer or a deputy, (c) any member of the staff of the Parliament, or (d) the Parliamentary corporation, the court shall not make an order for suspension, interdict, reduction or specific performance (or other like order) if the effect of doing so would be to give any relief against the Parliament which could not have been given in proceedings against the Parliament. (5) References in this section to an order include an interim order.

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41 Defamatory statements.

(1) For the purposes of the law of defamation— (a) any statement made in proceedings of the Parliament, and (b) the publication under the authority of the Parliament of any statement, shall be absolutely privileged. (2) In subsection (1), “statement” has the same meaning as in the Defamation Act 1996.

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42 Contempt of court.

(1) The strict liability rule shall not apply in relation to any publication— (a) made in proceedings of the Parliament in relation to a Bill or subordinate legislation, or (b) to the extent that it consists of a fair and accurate report of such proceedings made in good faith. (2) In subsection (1), “the strict liability rule” and “publication” have the same meanings as in the Contempt of Court Act 1981.

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43 Corrupt practices.

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44 The Scottish Government.

(1) There shall be a Scottish Government, whose members shall be— (a) the First Minister, (b) such Ministers as the First Minister may appoint under section 47, and (c) the Lord Advocate and the Solicitor General for Scotland. (2) The members of the Scottish Government are referred to collectively as the Scottish Ministers. (3) A person who holds a Ministerial office may not be appointed a member of the Scottish Government ; and if a member of the Scottish Government is appointed to a Ministerial office he shall cease to hold office as a member of the Scottish Government. (4) In subsection (3), references to a member of the Scottish Government include a junior Scottish Minister and “Ministerial office” has the same meaning as in section 2 of the House of Commons Disqualification Act 1975.

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45 The First Minister.

(1) The First Minister shall be appointed by Her Majesty from among the members of the Parliament and shall hold office at Her Majesty’s pleasure. (2) The First Minister may at any time tender his resignation to Her Majesty and shall do so if the Parliament resolves that the Scottish Government no longer enjoys the confidence of the Parliament. (3) The First Minister shall cease to hold office if a person is appointed in his place. (4) If the office of First Minister is vacant or he is for any reason unable to act, the functions exercisable by him shall be exercisable by a person designated by the Presiding Officer. (5) A person shall be so designated only if— (a) he is a member of the Parliament, or (b) if the Parliament has been dissolved, he is a person who ceased to be a member by virtue of the dissolution. (6) Functions exercisable by a person by virtue of subsection (5)(a) shall continue to be exercisable by him even if the Parliament is dissolved. (7) The First Minister shall be the Keeper of the Scottish Seal.

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46 Choice of the First Minister.

(1) If one of the following events occurs, the Parliament shall within the period allowed nominate one of its members for appointment as First Minister. (2) The events are— (a) the holding of a poll at a general election, (b) the First Minister tendering his resignation to Her Majesty, (c) the office of First Minister becoming vacant (otherwise than in consequence of his so tendering his resignation), (d) the First Minister ceasing to be a member of the Parliament otherwise than by virtue of a dissolution. (3) The period allowed is— (a) the period of 28 days which begins with the day on which the event in question occurs, but— (i) if another of those events occurs within the period allowed, that period is extended (subject to sub-paragraph (ii)) so that it ends with the period of 28 days beginning with the day on which that other event occurred, and (ii) the period ends if the Parliament passes a resolution under section 3(1)(a) or when His Majesty appoints a person as First Minister, but (b) if the Parliament does not meet within the period of 7 days beginning immediately after the day of the poll at a general election that was held on a day proposed by the Presiding Officer in accordance with a proclamation made by His Majesty under section 2(5) or (5E), the initial period of 28 days calculated under paragraph (a) is to be extended by disregarding any days in the period subsequent to that 7 day period and before the Parliament first meets. (4) The Presiding Officer shall recommend to Her Majesty the appointment of any member of the Parliament who is nominated by the Parliament under this section.

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47 Ministers.

(1) The First Minister may, with the approval of Her Majesty, appoint Ministers from among the members of the Parliament. (2) The First Minister shall not seek Her Majesty’s approval for any appointment under this section without the agreement of the Parliament. (3) A Minister appointed under this section— (a) shall hold office at Her Majesty’s pleasure, (b) may be removed from office by the First Minister, (c) may at any time resign and shall do so if the Parliament resolves that the Scottish Government no longer enjoys the confidence of the Parliament, (d) if he resigns, shall cease to hold office immediately, and (e) shall cease to hold office if he ceases to be a member of the Parliament otherwise than by virtue of a dissolution.

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48 The Scottish Law Officers.

(1) It is for the First Minister to recommend to Her Majesty the appointment or removal of a person as Lord Advocate or Solicitor General for Scotland; but he shall not do so without the agreement of the Parliament. (2) The Lord Advocate and the Solicitor General for Scotland may at any time resign and shall do so if the Parliament resolves that the Scottish Government no longer enjoys the confidence of the Parliament. (3) Where the Lord Advocate resigns in consequence of such a resolution, he shall be deemed to continue in office until the warrant of appointment of the person succeeding to the office of Lord Advocate is granted, but only for the purpose of exercising his retained functions. (4) Subsection (3) is without prejudice to section 287 of the Criminal Procedure (Scotland) Act 1995 (demission of office by Lord Advocate). (5) Any decision of the Lord Advocate in his capacity as head of the systems of criminal prosecution and investigation of deaths in Scotland shall continue to be taken by him independently of any other person. (6) In Schedule 2 to the House of Commons Disqualification Act 1975 (Ministerial offices) and Part III of Schedule 1 to the Ministerial and other Salaries Act 1975 (salaries of the Law Officers), the entries for the Lord Advocate and the Solicitor General for Scotland are omitted.

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49 Junior Scottish Ministers.

(1) The First Minister may, with the approval of Her Majesty, appoint persons from among the members of the Parliament to assist the Scottish Ministers in the exercise of their functions. (2) They shall be known as junior Scottish Ministers. (3) The First Minister shall not seek Her Majesty’s approval for any appointment under this section without the agreement of the Parliament. (4) A junior Scottish Minister— (a) shall hold office at Her Majesty’s pleasure, (b) may be removed from office by the First Minister, (c) may at any time resign and shall do so if the Parliament resolves that the Scottish Government no longer enjoys the confidence of the Parliament, (d) if he resigns, shall cease to hold office immediately, and (e) shall cease to hold office if he ceases to be a member of the Parliament otherwise than by virtue of a dissolution.

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50 Validity of acts of Scottish Ministers etc.

The validity of any act of a member of the Scottish Government or junior Scottish Minister is not affected by any defect in his nomination by the Parliament or (as the case may be) in the Parliament’s agreement to his appointment.

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51 The Civil Service.

(1) The Scottish Ministers may appoint persons to be members of the staff of the Scottish Administration. (2) Service as— (a) the holder of any office in the Scottish Administration which is not a ministerial office, or (b) a member of the staff of the Scottish Administration, shall be service in the civil service of the State. (3) See Part 1 of the Constitutional Reform and Governance Act 2010 (in particular, sections 3 and 4) for provision affecting— (a) subsection (1), and (b) any other enactment about the appointment of persons mentioned in subsection (2). (4) See also section 1 of the Civil Service (Management Functions) Act 1992 under which functions conferred on the Minister for the Civil Service by section 3 of the Constitutional Reform and Governance Act 2010 may be delegated to the Scottish Ministers etc. (5) Any salary or allowances payable to or in respect of the persons mentioned in subsection (2) (including contributions to any pension scheme) shall be payable out of the Scottish Consolidated Fund. (6) Section 1(2) and (3) of the Superannuation Act 1972 (delegation of functions relating to civil service superannuation schemes etc.) shall have effect as if references to a Minister of the Crown (other than the Minister for the Civil Service) included the Scottish Ministers. (7) The Scottish Ministers shall make payments to the Minister for the Civil Service, at such times as he may determine, of such amounts as he may determine in respect of— (a) the provision of pensions, allowances or gratuities by virtue of section 1 of the Superannuation Act 1972 to or in respect of persons who are or have been in such service as is mentioned in subsection (2), and (b) any expenses to be incurred in administering those pensions, allowances or gratuities. (8) Amounts required for payments under subsection (7) shall be charged on the Scottish Consolidated Fund. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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52 Exercise of functions.

(1) Statutory functions may be conferred on the Scottish Ministers by that name. (2) Statutory functions of the Scottish Ministers, the First Minister or the Lord Advocate shall be exercisable on behalf of Her Majesty. (3) Statutory functions of the Scottish Ministers shall be exercisable by any member of the Scottish Government. (4) Any act or omission of, or in relation to, any member of the Scottish Government shall be treated as an act or omission of, or in relation to, each of them; and any property acquired, or liability incurred, by any member of the Scottish Government shall be treated accordingly. (5) Subsection (4) does not apply in relation to the exercise of— (a) functions conferred on the First Minister alone, or (b) retained functions of the Lord Advocate. (6) In this Act, “retained functions” in relation to the Lord Advocate means— (a) any functions exercisable by him immediately before he ceases to be a Minister of the Crown, and (b) other statutory functions conferred on him alone after he ceases to be a Minister of the Crown. (7) In this section, “statutory functions” means functions conferred by virtue of any enactment.

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53 General transfer of functions.

(1) The functions mentioned in subsection (2) shall, so far as they are exercisable within devolved competence, be exercisable by the Scottish Ministers instead of by a Minister of the Crown. (2) Those functions are— (a) those of Her Majesty’s prerogative and other executive functions which are exercisable on behalf of Her Majesty by a Minister of the Crown, (b) other functions conferred on a Minister of the Crown by a prerogative instrument, and (c) functions conferred on a Minister of the Crown by any pre-commencement enactment, but do not include any retained functions of the Lord Advocate. (3) In this Act, “pre-commencement enactment” means— (a) an Act passed before or in the same session as this Act and any other enactment made before the passing of this Act, (b) an enactment made, before the commencement of this section, under such an Act or such other enactment, (c) subordinate legislation under section 106, to the extent that the legislation states that it is to be treated as a pre-commencement enactment. (3A) But see sections 9, 32 and 51 of the Scotland Act 2016 (which give “pre-commencement enactment” a different meaning for functions exercisable within devolved competence by virtue of certain provisions of that Act). (4) This section and section 54 are modified by Part III of Schedule 4.

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54 Devolved competence.

(1) References in this Act to the exercise of a function being within or outside devolved competence are to be read in accordance with this section. (2) It is outside devolved competence— (a) to make any provision by subordinate legislation which would be outside the legislative competence of the Parliament if it were included in an Act of the Scottish Parliament, or (b) to confirm or approve any subordinate legislation containing such provision. (3) In the case of any function other than a function of making, confirming or approving subordinate legislation, it is outside devolved competence to exercise the function (or exercise it in any way) so far as a provision of an Act of the Scottish Parliament conferring the function (or, as the case may be, conferring it so as to be exercisable in that way) would be outside the legislative competence of the Parliament.

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55 Functions exercisable with agreement.

(1) A statutory provision, or any provision not contained in an enactment, which provides for a Minister of the Crown to exercise a function with the agreement of, or after consultation with, any other Minister of the Crown shall cease to have effect in relation to the exercise of the function by a member of the Scottish Government by virtue of section 53. (2) In subsection (1) “statutory provision” means any provision in a pre-commencement enactment other than paragraph 5 or 15 of Schedule 32 to the Local Government, Planning and Land Act 1980 (designation of enterprise zones).

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56 Shared powers.

(1) Despite the transfer by virtue of section 53 of any function under— (a) section 17(1) of the Ministry of Transport Act 1919 (power to make advances for certain purposes), (b) any Order in Council under section 1 of the United Nations Act 1946 (measures to give effect to Security Council decisions), (c) section 9 of the Industrial Organisation and Development Act 1947 (levies for scientific research, promotion of exports, etc.), (d) section 5 of the Science and Technology Act 1965 (funding of scientific research), (e) section 1 of the Mineral Exploration and Investment Grants Act 1972 (contributions in respect of mineral exploration), (f) sections 10 to 12 of the Industry Act 1972 (credits and grants for construction of ships and offshore installations), (g) sections 2, 11(3) and 12(4) of the Employment and Training Act 1973 (power to make arrangements for employment and training etc. and to make certain payments), (h) sections 7 to 9 and 11 to 13 of the Industrial Development Act 1982 (financial and other assistance for industry), and (i) sections 39 and 40 of the Road Traffic Act 1988 (road safety information and training), the function shall be exercisable by a Minister of the Crown as well as by the Scottish Ministers. (2) Despite the transfer of any other function by virtue of section 53, the function shall, if subordinate legislation so provides, be exercisable (or be exercisable so far as the legislation provides) by a Minister of the Crown as well as by the Scottish Ministers. (3) Subordinate legislation under subsection (2) may not be made so as to come into force at any time after the function in question has become exercisable by the Scottish Ministers. (4) Any power referred to in section 53(2)(a) to establish, maintain or abolish a body, office or office-holder having functions which include both— (a) functions which are exercisable in or as regards Scotland and do not relate to reserved matters, and (b) other functions, shall, despite that section, be exercisable jointly by the Minister of the Crown and the Scottish Ministers. (5) In subsection (4), “office-holder” includes employee or other post-holder.

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57 ... Convention rights ....

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) A member of the Scottish Government has no power to make any subordinate legislation, or to do any other act, so far as the legislation or act is incompatible with any of the Convention rights .... (3) Subsection (2) does not apply to an act of the Lord Advocate— (a) in prosecuting any offence, or (b) in his capacity as head of the systems of criminal prosecution and investigation of deaths in Scotland, ... (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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58 Power to prevent or require action.

(1) If the Secretary of State has reasonable grounds to believe that any action proposed to be taken by a member of the Scottish Government would be incompatible with any international obligations, he may by order direct that the proposed action shall not be taken. (2) If the Secretary of State has reasonable grounds to believe that any action capable of being taken by a member of the Scottish Government is required for the purpose of giving effect to any such obligations, he may by order direct that the action shall be taken. (3) In subsections (1) and (2), “action” includes making, confirming or approving subordinate legislation and, in subsection (2), includes introducing a Bill in the Parliament. (4) If any subordinate legislation made or which could be revoked by a member of the Scottish Government contains provisions— (a) which the Secretary of State has reasonable grounds to believe to be incompatible with any international obligations or the interests of defence or national security, or (b) which make modifications of the law as it applies to reserved matters and which the Secretary of State has reasonable grounds to believe to have an adverse effect on the operation of the law as it applies to reserved matters, the Secretary of State may by order revoke the legislation. (5) An order under this section must state the reasons for making the order.

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59 Property and liabilities of the Scottish Ministers.

(1) Property may be held by the Scottish Ministers by that name. (2) Property acquired by or transferred to the Scottish Ministers shall belong to, and liabilities incurred by the Scottish Ministers shall be liabilities of, the Scottish Ministers for the time being. (3) In relation to property to be acquired by or transferred to, or belonging to, the Scottish Ministers or liabilities incurred by the Scottish Ministers, references to the Scottish Ministers— (a) in any title recorded in the Register of Sasines or registered in the Land Register of Scotland, or (b) in any other document, shall be read in accordance with subsection (2). (4) A document shall be validly executed by the Scottish Ministers if it is executed by any member of the Scottish Government.

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60 Transfers to the Scottish Ministers.

(1) Subordinate legislation may provide— (a) for the transfer to the Scottish Ministers of any property belonging to a Minister of the Crown or government department, or (b) for the Scottish Ministers 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). (2) Subordinate legislation may provide for the transfer to the Scottish Ministers of any liabilities to which a Minister of the Crown or government department is subject. (3) Subordinate legislation under this section may only be made in connection with any transfer or sharing of functions of a Minister of the Crown by virtue of section 53, 63 or 89 or in any other circumstances in which the person making the legislation considers it appropriate to do so for the purposes of this Act or the Scotland Act 2016.

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61 Property and liabilities of the Lord Advocate and the First Minister.

(1) Property may be held by the Lord Advocate by that name. (2) Property acquired by or transferred to the Lord Advocate shall belong to, and liabilities incurred by the Lord Advocate shall be liabilities of, the Lord Advocate for the time being. (3) In relation to property to be acquired by or transferred to, or belonging to, the Lord Advocate or liabilities incurred by the Lord Advocate, references to the Lord Advocate— (a) in any title recorded in the Register of Sasines or registered in the Land Register of Scotland, or (b) in any other document, shall be read in accordance with subsection (2). (4) Any rights and liabilities acquired or incurred by the First Minister shall be rights or (as the case may be) liabilities of the First Minister for the time being.

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62 Transfers to the Lord Advocate.

(1) Subordinate legislation may provide— (a) for the transfer to the Lord Advocate of any property belonging to a Minister of the Crown or government department, or (b) for the Lord Advocate 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). (2) Subordinate legislation may provide for the transfer to the Lord Advocate of any liabilities to which a Minister of the Crown or government department is subject. (3) Subordinate legislation under this section may only be made in connection with the Lord Advocate becoming a member of the Scottish Government or having any retained functions or in any other circumstances in which the person making the legislation considers it appropriate to do so for the purposes of this Act.

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63 Power to transfer functions.

(1) Her Majesty may by Order in Council provide for any functions, so far as they are exercisable by a Minister of the Crown in or as regards Scotland, to be exercisable— (a) by the Scottish Ministers instead of by the Minister of the Crown, (b) by the Scottish Ministers concurrently with the Minister of the Crown, or (c) by the Minister of the Crown only with the agreement of, or after consultation with, the Scottish Ministers. (2) Where an Order is made under subsection (1)(a) or (b) in relation to a function of a Minister of the Crown which is exercisable only with the agreement of, or after consultation with, another Minister of the Crown, the function shall, unless the Order provides otherwise, be exercisable by the Scottish Ministers free from any such requirement. (3) An Order under this section may, in particular, provide for any function exercisable by the Scottish Ministers 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, a Minister of the Crown or other person.

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63A Permanence of the Scottish Parliament and Scottish Government

(1) The Scottish Parliament and the Scottish Government are a permanent part of the United Kingdom's constitutional arrangements. (2) The purpose of this section is, with due regard to the other provisions of this Act, to signify the commitment of the Parliament and Government of the United Kingdom to the Scottish Parliament and the Scottish Government. (3) In view of that commitment it is declared that the Scottish Parliament and the Scottish Government are not to be abolished except on the basis of a decision of the people of Scotland voting in a referendum.

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64 Scottish Consolidated Fund.

(1) There shall be a Scottish Consolidated Fund. (2) The Secretary of State shall from time to time make payments into the Fund out of money provided by Parliament of such amounts as he may determine. (2A) The Secretary of State shall in accordance with section 64A pay into the Fund out of money provided by Parliament any amounts payable under that section. (3) Sums received by an office-holder in the Scottish Administration shall be paid into the Fund. (4) Subsection (3) is subject to any provision made by or under an Act of the Scottish Parliament for the disposal of or accounting for such sums. (5) The Treasury may, after consulting with the Scottish Ministers, by order designate receipts of any description specified in the order which are payable into the Fund (or would be but for any provision made by or under an Act of the Scottish Parliament). (6) The Scottish Ministers shall make payments to the Secretary of State, at such times and by such methods as the Treasury may from time to time determine, of sums equal to the total amount outstanding in respect of designated receipts. (7) Amounts required for the payment of sums under subsection (6) shall be charged on the Fund. (8) The Fund shall be held with the Paymaster General.

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64A Assignment of VAT

(1) Where there is an agreement between the Treasury and the Scottish Ministers for identifying an amount agreed to represent the standard rate VAT attributable to Scotland for any period (“the agreed standard rate amount”), the amount described in subsection (3) is payable under this section in respect of that period. (2) Where there is an agreement between the Treasury and the Scottish Ministers for identifying an amount agreed to represent the reduced rate VAT attributable to Scotland for that period (“the agreed reduced rate amount”), the amount described in subsection (4) is payable under this section in respect of that period. (3) The amount payable in accordance with subsection (1) is the amount obtained by multiplying the agreed standard rate amount by— 10 SR where SR is the number of percentage points in the rate at which value added tax is charged under section 2(1) of the Value Added Tax Act 1994 for the period. (4) The amount payable in accordance with subsection (2) is the amount obtained by multiplying the agreed reduced rate amount by— 2.5 RR where RR is the number of percentage points in the rate at which value added tax is charged under section 29A(1) of the Value Added Tax Act 1994 for the period. (5) The payment of those amounts under section 64(2A) is to be made in accordance with any agreement between the Treasury and the Scottish Ministers as to the time of the payment or otherwise.

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65 Payments out of the Fund.

(1) A sum may only be paid out of the Scottish Consolidated Fund if— (a) it has been charged on the Fund by any enactment, (b) it is payable out of the Fund without further approval by virtue of this Act, or (c) it is paid out for or in connection with any of the purposes mentioned in subsection (2) in accordance with rules made by or under an Act of the Scottish Parliament. (2) Those purposes are— (a) meeting expenditure of the Scottish Administration, (b) meeting expenditure payable out of the Fund under any enactment. (3) A sum paid out of the Fund shall not be applied for any purpose other than that for which it was charged or (as the case may be) paid out.

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65A Destination of fines, forfeitures and fixed penalties

Where an Act of Parliament or subordinate legislation under an Act of Parliament requires or authorises a sum to be paid into the Consolidated Fund, and the sum appears to the Secretary of State to be a fine, forfeiture or fixed penalty, the Secretary of State may with the consent of the Treasury by regulations modify the Act or subordinate legislation so as to require or authorise the sum to be paid instead into the Scottish Consolidated Fund.

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66 Borrowing by the Scottish Ministers etc.

(1) The Scottish Ministers may borrow from the Secretary of State— (a) any sums required by them for the purpose of meeting a temporary excess of sums paid out of the Scottish Consolidated Fund over sums paid into that Fund, (b) any sums required by them for the purpose of providing a working balance in the Scottish Consolidated Fund, ... (c) any sums which in accordance with rules determined by the Treasury are required by them to meet current expenditure because of a shortfall in receipts from devolved taxes, ... from income tax charged by virtue of a Scottish rate resolution, or from amounts payable under section 64A, against forecast receipts. (d) any sums which in accordance with rules determined by the Treasury are required by them to meet current expenditure because of an excess of welfare payments over forecast welfare payments, and (e) any sums which in accordance with rules made by the Treasury are required by them to meet current expenditure because of a Scotland-specific negative economic shock. (1ZA) In subsection (1)(d) “welfare payments” means— (a) payments under any provision relating to matters within exceptions 1 to 10 in Section F1 of Part 2 of Schedule 5 or exception 1 in Section H3 of that Part, and (b) payments attributable to regulations made by the Scottish Ministers by virtue of section 29 or 30 of the Scotland Act 2016 (powers in relation to universal credit). (1A) The Scottish Ministers may, with the approval of the Treasury, borrow by way of loan or by the issue of bonds (but not bonds transferable by delivery) any sums required by them for the purpose of meeting capital expenditure. (1B) A sum is required for the purpose of meeting capital expenditure if the expenditure would be capital expenditure for the purposes of accounts under section 70. (2) Amounts required for the repayment of, or the payment of interest on, sums borrowed under this section shall be charged on the Fund. (3) Sums borrowed under this section from the Secretary of State shall be repaid to the Secretary of State at such times and by such methods, and interest on them shall be paid to him at such rates and at such times, as the Treasury may from time to time determine. (4) A member of the Scottish Government may borrow money only under this section or under any power conferred by any other Act of Parliament. (5) The Secretary of State may by order made with the consent of the Treasury amend subsection (1A) so as to vary the means by which the Scottish Ministers may borrow money.

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67 Lending by the Secretary of State.

(1) The Treasury may issue to the Secretary of State out of the National Loans Fund such sums as are required by him for making loans under section 66. (2) The aggregate at any time outstanding in respect of the principal of sums borrowed under section 66(1) shall not exceed £1,910.141 million. (3) The Secretary of State may by order made with the consent of the Treasury substitute for the amount (or substituted amount) specified in subsection (2) such ... amount as may be specified in the order. (3A) An amount substituted under subsection (3) may be more or less than the amount for which it is substituted but may not be less than £1.75 billion. (4) Sums received by the Secretary of State under section 66(3) shall be paid into the National Loans Fund.

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67A Lending for capital expenditure

(1) The aggregate at any time outstanding in respect of the principal of sums borrowed under section 66(1A) shall not exceed £3,274.527 million. (2) The Secretary of State may by order made with the consent of the Treasury substitute for the amount (or substituted amount) specified in subsection (1) such amount as may be specified in the order. (3) An amount substituted under subsection (2) may be more or less than the amount for which it is substituted but may not be less than £3 billion. (4) A person lending money to a member of the Scottish Government is not bound to enquire whether the member of the Scottish Government has power to borrow the money and is not to be prejudiced by the absence of any such power. (5) The Scottish Ministers may not mortgage or charge any of their property as security for money which they have borrowed under section 66(1A). This is subject to section 66(2). (6) Security given in breach of subsection (5) is unenforceable.

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68 Borrowing by statutory bodies.

(1) If a member of the Scottish Government lends money to a body established under any enactment, the rate of interest on the loan shall not be less than the lowest rate determined by the Treasury under section 5 of the National Loans Act 1968 in respect of similar loans made out of the National Loans Fund on the day the loan is made. (2) A body established under any enactment shall not, in pursuance of a power conferred by virtue of an Act of the Scottish Parliament, borrow money in a currency other than sterling except with the consent of the Scottish Ministers given with the approval of the Treasury.

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69 The Auditor General for Scotland.

(1) There shall be an Auditor General for Scotland who shall be an individual appointed by Her Majesty on the nomination of the Parliament. (2) A recommendation shall not be made to Her Majesty for the removal from office of the Auditor General for Scotland unless the Parliament so resolves and, if the resolution is passed on a division, the number of members voting in favour is not less than two-thirds of the total number of seats for members of the Parliament. (3) The validity of any act of the Auditor General for Scotland is not affected by any defect in his nomination by the Parliament. (4) The Auditor General for Scotland shall not, in the exercise of any of his functions, be subject to the direction or control of any member of the Scottish Government or of the Parliament. (5) Subsection (4) does not apply in relation to any function conferred on him of preparing accounts.

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