There shall be a Scottish Parliament.

One member of the Parliament shall be returned for each constituency (under the simple majority system) at an election held in the constituency.

Members of the Parliament for each region shall be returned at a general election under the additional member system of proportional representation provided for in this Part and vacancies among such members shall be filled in accordance with this Part.

The validity of any proceedings of the Parliament is not affected by any vacancy in its membership.

Schedule 1 (which makes provision for the constituencies and regions for the purposes of this Act and the number of regional members) shall have effect.

The day on which the poll at the first ordinary general election for membership of the Parliament shall be held, and the day, time and place for the meeting of the Parliament following that poll, shall be appointed by order made by the Secretary of State.

Where subsection (2A) prevents the poll being held on the day specified in subsection (2), the poll shall be held on such day, subject to subsection (2A), as the Scottish Ministers may by order specify, unless the day of the poll is determined by a proclamation under subsection (5) as modified by subsection (5ZA).

In subsection (3), “the minimum period” means the period determined in accordance with an order under section 12(1).

Where a day is specified by order under subsection (2B), subsection (5) applies as if the reference to the first Thursday in May were a reference to that day.

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In this Act “the Scottish Seal” means Her Majesty’s Seal appointed by the Treaty of Union to be kept and used in Scotland in place of the Great Seal of Scotland.

If a poll is held under this section within the period of six months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)), that ordinary general election shall not be held.

Subsection (3) does not affect the year in which the subsequent ordinary general election is to be held.

At a general election, the candidates may stand for return as constituency members or regional members.

A person may not be a candidate to be a constituency member for more than one constituency.

The candidates to be regional members shall be those included in a list submitted under subsection (4) or individual candidates.

Any registered political party may submit to the regional returning officer a list of candidates to be regional members for a particular region (referred to in this Act, in relation to the region, as the party’s “regional list”).

A registered political party’s regional list has effect in relation to the general election and any vacancy occurring among the regional members after that election and before the next general election.

Not more than twelve persons may be included in the list (but the list may include only one person).

In this Act, “registered political party” means a party registered under F7Part II of the Political Parties, Elections and Referendums Act 2000 .

This section and sections 7 and 8 are about the return of regional members at a general election.

The right conferred on a person by subsection (2) is in addition to any right the person may have to vote in any poll for the return of a constituency member.

The persons who are to be returned as constituency members for constituencies included in the region must be determined before the persons who are to be returned as the regional members for the region.

Each time a seat is allocated to the party under section 8, that figure shall be recalculated by increasing (or further increasing) the aggregate in subsection (2)(b) by one.

For each individual candidate to be a regional member for the region, the regional figure for the purposes of section 8 is the total number of regional votes given for him in all the constituencies included in the region.

The first regional member seat shall be allocated to the registered political party or individual candidate with the highest regional figure.

The second and subsequent regional member seats shall be allocated to the registered political party or individual candidate with the highest regional figure, after any recalculation required by section 7(3) has been carried out.

An individual candidate already returned as a constituency or regional member shall be disregarded.

Seats for the region which are allocated to a registered political party shall be filled by the persons in the party’s regional list in the order in which they appear in the list.

For the purposes of this section and section 10, a person in a registered political party’s regional list who is returned as a member of the Parliament shall be treated as ceasing to be in the list (even if his return is void).

Once a party’s regional list has been exhausted (by the return of persons included in it as constituency members or by the previous application of subsection (1) or (2)) the party shall be disregarded.

If, on the application of the subsection in question in accordance with subsection (7)(b), seats would be allocated to two or more parties or individual candidates and that would result in more than the correct number of seats for the region being allocated, the regional returning officer shall decide between them by lot.

Where the seat of a constituency member is vacant, an election shall be held to fill the vacancy (subject to subsection (4)).

The date of the poll shall be fixed by the Presiding Officer.

The election shall not be held if the latest date for holding the poll would fall within the period of three months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)).

For the purposes of this section, the date on which a vacancy is to be treated as occurring shall be determined under standing orders.

A person may not be a candidate at such an election if he is a member of the Parliament or a candidate in another election to fill a vacancy.

This section applies where the seat of a regional member is vacant.

If the regional member was returned as an individual candidate, or the vacancy is not filled in accordance with the following provisions, the seat shall remain vacant until the next general election.

If the regional member was returned (under section 8 or this section) from a registered political party’s regional list, the regional returning officer shall notify the Presiding Officer of the name of the person who is to fill the vacancy.

Where a person whose name appears on that list provides the statement and certificate referred to in subsection (4), the regional returning officer shall notify to the Presiding Officer the name of that person.

Where a person’s name has been notified under subsection (3), this Act shall apply as if he had been declared to be returned as a regional member for the region on the day on which notification of his name was received by the Presiding Officer.

For the purposes of this section, the date on which a vacancy is to be treated as occurring shall be determined under standing orders.

The provision that may be made under subsection (1)(c) includes, in particular, provision modifying section 10(4) to (5A).

The return of a member of the Parliament at an election may be questioned only under Part 3 of the Representation of the People Act 1983 as applied by an order under subsection (1).

For the purposes of this Act, the regional returning officer for any region is the person designated as such in accordance with an order made by the Scottish Ministers under this subsection.

The Secretary of State may not make regulations under this section without the agreement of the Scottish Ministers.

An office-holder of a description specified in an Order in Council made by Her Majesty under this subsection is disqualified from being a member of the Parliament for any constituency or region of a description specified in the Order in relation to the office-holder.

In this section “office-holder” includes employee or other post-holder.

A citizen of the European Union who is resident in the United Kingdom is not disqualified from being a member of the Parliament merely because of section 3 of the M2Act of Settlement (disqualification of persons born outside the United Kingdom other than F13certain Commonwealth citizens and citizens of the Republic of Ireland).

Subsection (4) applies where a person was, or is alleged to have been, disqualified from being a member of the Parliament (either generally or in relation to a particular constituency or region) on any ground other than one falling within section 15(1)(b).

If a person who is disqualified from being a member of the Parliament or from being a member for a particular constituency or region is returned as a member of the Parliament or (as the case may be) as a member for the constituency or region, his return shall be void and his seat vacant.

If a member of the Parliament becomes disqualified from being a member of the Parliament or from being a member for the particular constituency or region for which he is sitting, he shall cease to be a member of the Parliament (so that his seat is vacant).

Subsections (1) and (2) have effect subject to any resolution of the Parliament under section 16.

The validity of any proceedings of the Parliament is not affected by the disqualification of any person from being a member of the Parliament or from being a member for the constituency or region for which he purports to sit.

Any person who claims that a person purporting to be a member of the Parliament is disqualified or has been disqualified at any time since being returned may apply to the Court of Session for a declarator to that effect.

An application in respect of any person may be made whether the grounds on which it is made are alleged to have subsisted when the person was returned or to have arisen subsequently.

The person in respect of whom an application is made shall be the defender.

The applicant shall give such caution for the expenses of the proceedings as the Court of Session may direct; but any such caution shall not exceed £5,000 or such other sum as the Scottish Ministers may by order specify.

The decision of the court on an application under this section shall be final.

In this section “disqualified” means disqualified from being a member of the Parliament or from being a member for the constituency or region for which the person concerned purports to sit.

The Parliament shall, F16... following a general election, elect from among its members a Presiding Officer and two deputies.

The Parliament may, at any time, elect from among its members one or more additional deputies.

A person elected Presiding Officer or deputy shall hold office until the conclusion of the next election for Presiding Officer under subsection (1) 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.

But standing orders may make provision for additional deputies to hold office for a shorter time than provided by subsection (2).

If the Presiding Officer or a deputy F19elected under subsection (1) ceases to hold office before the Parliament is dissolved, the Parliament shall elect another from among its members to fill his place.

The Presiding Officer’s functions may be exercised by a deputy if the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act.

The Presiding Officer may (subject to standing orders) authorise any deputy to exercise functions on his behalf.

Standing orders may include provision as to the participation (including voting) of the Presiding Officer and deputies in the proceedings of the Parliament.

The validity of any act of the Presiding Officer or a deputy is not affected by any defect in his election.

There shall be a Clerk of the Parliament.

The Clerk shall be appointed by the Scottish Parliamentary Corporate Body (established under section 21).

The Clerk’s functions may be exercised by any Assistant Clerk if the office of Clerk is vacant or the Clerk is for any reason unable to act.

The Clerk may authorise any Assistant Clerk or other member of the staff of the Parliament to exercise functions on his behalf.

There shall be a body corporate to be known as “The Scottish Parliamentary Corporate Body” (referred to in this Act as the Parliamentary corporation) to perform the functions conferred on the corporation by virtue of this Act or any other enactment.

The corporation shall provide the Parliament, or ensure that the Parliament is provided, with the property, staff and services required for the Parliament’s purposes.

The Parliament may give special or general directions to the corporation for the purpose of or in connection with the exercise of the corporation’s functions.

Any property or liabilities acquired or incurred in relation to matters within the general responsibility of the corporation to which (apart from this subsection) the Parliament would be entitled or subject shall be treated for all purposes as property or (as the case may be) liabilities of the corporation.

Any expenses of the corporation shall be payable out of the Scottish Consolidated Fund.

Any sums received by the corporation shall be paid into that Fund, subject to any provision made by or under an Act of the Scottish Parliament for the disposal of or accounting for such sums.

Schedule 2 (which makes further provision about the corporation) shall have effect.

The proceedings of the Parliament shall be regulated by standing orders.

Schedule 3 (which makes provision as to how certain matters are to be dealt with by standing orders) shall have effect.

Subsection (4)(b) does not prevent the Parliament imposing such a requirement in connection with the exercise of functions which do not relate to reserved matters.

Where all the functions of a body relate to reserved matters, the Parliament may not impose such a requirement on any person in connection with the discharge by him of those functions.

Such a requirement may be imposed by a committee or sub-committee of the Parliament only if the committee or sub-committee is expressly authorised to do so (whether by standing orders or otherwise).

A person is not obliged under this section to answer any question or produce any document which he would be entitled to refuse to answer or produce in proceedings in a court in Scotland.

Subsection (1) is subject to sections 23(9) and (10) and 27(3).

It is a defence for a person charged with an offence under subsection (1)(a), (b) or (d) to prove that he had a reasonable excuse for the refusal or failure.

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a period not exceeding three months.

Any person who refuses to take an oath when required to do so under subsection (1)(b) is guilty of an offence.

Subsection (4) of section 25 applies to an offence under subsection (2) as it applies to an offence under that section.

For the purposes of sections 23 to 25 and this section, a person shall be taken to comply with a requirement to produce a document if he produces a copy of, or an extract of the relevant part of, the document.

Subsection (1) is without prejudice to section 39.

Subject to section 29, the Parliament may make laws, to be known as Acts of the Scottish Parliament.

Proposed Acts of the Scottish Parliament shall be known as Bills; and a Bill shall become an Act of the Scottish Parliament when it has been passed by the Parliament and has received Royal Assent.

A Bill receives Royal Assent at the beginning of the day on which Letters Patent under the Scottish Seal signed with Her Majesty’s own hand signifying Her Assent are recorded in the Register of the Great Seal.

The date of Royal Assent shall be written on the Act of the Scottish Parliament by the Clerk, and shall form part of the Act.

The validity of an Act of the Scottish Parliament is not affected by any invalidity in the proceedings of the Parliament leading to its enactment.

Every Act of the Scottish Parliament shall be judicially noticed.

This section does not affect the power of the Parliament of the United Kingdom to make laws for Scotland.

But it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament.

An Act of the Scottish Parliament is not law so far as any provision of the Act is outside the legislative competence of the Parliament.

For the purposes of this section, the question whether a provision of an Act of the Scottish Parliament relates to a reserved matter is to be determined, subject to subsection (4), by reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances.

Subsection (1) is subject to section 30(6).

Schedule 5 (which defines reserved matters) shall have effect.

Her Majesty may by Order in Council make any modifications of Schedule 4 or 5 which She considers necessary or expedient.

Her Majesty may by Order in Council specify functions which are to be treated, for such purposes of this Act as may be specified, as being, or as not being, functions which are exercisable in or as regards Scotland.

Where the effect of the alteration is that a provision of an Act of the Scottish Parliament ceases to be within the legislative competence of the Parliament, the provision does not for that reason cease to have effect (unless an enactment provides otherwise).

An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, retained EU law so far as the modification is of a description specified in regulations made by a Minister of the Crown.

But subsection (1) does not apply to any modification so far as it would, immediately before exit day, have been within the legislative competence of the Parliament.

See also paragraph 6 of Schedule 7 (duty to make explanatory statement about regulations under this section including a duty to explain any decision to lay a draft without the consent of the Parliament).

No regulations may be made under this section after the end of the period of two years beginning with exit day.

Subsection (7) does not affect the continuation in force of regulations made under this section at or before the end of the period mentioned in that subsection.

Any regulations under this section which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to any Act of the Scottish Parliament which receives Royal Assent after the end of that period.

Subsections (3) to (8) do not apply in relation to regulations which only relate to a revocation of a specification.

F29A person in charge of a Bill shall, on or before introduction of the Bill in the Parliament, state that in his view the provisions of the Bill would be within the legislative competence of the Parliament.

The Presiding Officer shall, on or before the introduction of a Bill in the Parliament, decide whether or not in his view the provisions of the Bill would be within the legislative competence of the Parliament and state his decision.

The Presiding Officer shall, after the last time when a Bill may be amended but before the decision whether to pass or reject it, decide whether or not in his view any provision of the Bill relates to a protected subject-matter and state his decision.

The form of any statement, and the manner in which it is to be made, shall be determined under standing orders, and standing orders may provide for any statement to be published.

For the purposes of this Part a provision of a Bill relates to a protected subject-matter if it would modify, or confer power to modify, any of the matters listed in subsection (5) (but not if the provision is incidental to or consequential on another provision of the Bill).

It is for the Presiding Officer to submit Bills for Royal Assent.

The Presiding Officer shall not submit a Bill for Royal Assent if the Supreme Court has decided 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, unless since the decision the Bill has been approved in accordance with standing orders made by virtue of section 36(5).

The Advocate General, the Lord Advocate or the Attorney General may refer the question of whether a Bill or any provision of a Bill relates to a protected subject-matter to the Supreme Court for decision.

He shall not make a reference in relation to a Bill if he has notified the Presiding Officer that he does not intend to make a reference in relation to the Bill, unless since the notification the Bill has been approved or rejected in accordance with standing orders made by virtue of section 36(5).

The Advocate General, the Lord Advocate or the Attorney General may refer the question of whether a Bill or any provision of a Bill would be within the legislative competence of the Parliament to the F41Supreme Court for decision.

He shall not make a reference in relation to a Bill if he has notified the Presiding Officer that he does not intend to make a reference in relation to the Bill, unless the Bill has been approved as mentioned in subsection (2)(b) since the notification.

In this section “a reference for a preliminary ruling” means a reference of a question to the European Court under F44Article 267 of the Treaty on the Functioning of the European Union or Article 150 of the Treaty establishing the European Atomic Energy Community.

The order must identify the Bill and the provisions in question and state the reasons for making the order.

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.

An order in force under this section at a time when such approval is given shall cease to have effect.

Subsection (1) does not prevent standing orders making provision to enable the Parliament to expedite proceedings in relation to a particular Bill.

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.

References in subsection (4), sections 28(2)F52, 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 F53to which subsection (5)(a) or (b) applies, be read as references to the approval of the Bill.

On recording such Letters Patent he shall intimate the date of recording to the Clerk.

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.

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.

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.

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.

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.

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.

Provision made under subsection (5) may include provision that the member is guilty of an offence.

A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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.

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.

References in this section to an order include an interim order.

In subsection (1), “statement” has the same meaning as in the M8Defamation Act 1996.

In subsection (1), “the strict liability rule” and “publication” have the same meanings as in the M9Contempt of Court Act 1981.

The members of the F21Scottish Government are referred to collectively as the Scottish Ministers.

A person who holds a Ministerial office may not be appointed a member of the F21Scottish Government ; and if a member of the F21Scottish Government is appointed to a Ministerial office he shall cease to hold office as a member of the F21Scottish Government.

In subsection (3), references to a member of the F21Scottish Government include a junior Scottish Minister and “Ministerial office” has the same meaning as in section 2 of the M10House of Commons Disqualification Act 1975.

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.

The First Minister may at any time tender his resignation to Her Majesty and shall do so if the Parliament resolves that the F21Scottish Government no longer enjoys the confidence of the Parliament.

The First Minister shall cease to hold office if a person is appointed in his place.

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.

Functions exercisable by a person by virtue of subsection (5)(a) shall continue to be exercisable by him even if the Parliament is dissolved.

The First Minister shall be the Keeper of the Scottish Seal.

If one of the following events occurs, the Parliament shall within the period allowed nominate one of its members for appointment as First Minister.

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.

The First Minister may, with the approval of Her Majesty, appoint Ministers from among the members of the Parliament.

The First Minister shall not seek Her Majesty’s approval for any appointment under this section without the agreement of the Parliament.

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.

The Lord Advocate and the Solicitor General for Scotland may at any time resign and shall do so if the Parliament resolves that the F21Scottish Government no longer enjoys the confidence of the Parliament.

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.

Subsection (3) is without prejudice to section 287 of the M11Criminal Procedure (Scotland) Act 1995 (demission of office by Lord Advocate).

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.

In Schedule 2 to the M12House of Commons Disqualification Act 1975 (Ministerial offices) and Part III of Schedule 1 to the M13Ministerial and other Salaries Act 1975 (salaries of the Law Officers), the entries for the Lord Advocate and the Solicitor General for Scotland are omitted.

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.

They shall be known as junior Scottish Ministers.

The First Minister shall not seek Her Majesty’s approval for any appointment under this section without the agreement of the Parliament.

The Scottish Ministers may appoint persons to be members of the staff of the Scottish Administration.

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.

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.

Section 1(2) and (3) of the M14Superannuation 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.

Amounts required for payments under subsection (7) shall be charged on the Scottish Consolidated Fund.

F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statutory functions may be conferred on the Scottish Ministers by that name.

Statutory functions of the Scottish Ministers, the First Minister or the Lord Advocate shall be exercisable on behalf of Her Majesty.

Statutory functions of the Scottish Ministers shall be exercisable by any member of the F21Scottish Government.

Any act or omission of, or in relation to, any member of the F21Scottish 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 F21Scottish Government shall be treated accordingly.

In this section, “statutory functions” means functions conferred by virtue of any enactment.

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.

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).

This section and section 54 are modified by Part III of Schedule 4.

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.

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.

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 F21Scottish Government by virtue of section 53.

In subsection (1) “statutory provision” means any provision in a pre-commencement enactment other than paragraph 5 or 15 of Schedule 32 to the M16Local Government, Planning and Land Act 1980 (designation of enterprise zones).

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.

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.

In subsection (4), “office-holder” includes employee or other post-holder.

Despite the transfer to the Scottish Ministers by virtue of section 53 of functions in relation to observing and implementing obligations under F61EU law, any function of a Minister of the Crown in relation to any matter shall continue to be exercisable by him as regards Scotland for the purposes specified in section 2(2) of the M26European Communities Act 1972.

A member of the F21Scottish 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 or with F61EU law.

A member of the Scottish Government has no power to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law and the modification is of a description specified in regulations made by a Minister of the Crown.

See also paragraph 6 of Schedule 7 (duty to make explanatory statement about regulations under subsection (4) including a duty to explain any decision to lay a draft without the consent of the Parliament).

No regulations may be made under subsection (4) after the end of the period of two years beginning with exit day.

Subsection (10) does not affect the continuation in force of regulations made under subsection (4) at or before the end of the period mentioned in subsection (10).

Any regulations under subsection (4) which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to the making, confirming or approving of subordinate legislation after the end of that period.

Subsections (6) to (11) do not apply in relation to regulations which only relate to a revocation of a specification.

The restriction in subsection (4) is in addition to any restriction in section 7 of the European Union (Withdrawal) Act 2018 or elsewhere on the power of a member of the Scottish Government to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law.

If the Secretary of State has reasonable grounds to believe that any action proposed to be taken by a member of the F21Scottish Government would be incompatible with any international obligations, he may by order direct that the proposed action shall not be taken.

If the Secretary of State has reasonable grounds to believe that any action capable of being taken by a member of the F21Scottish Government is required for the purpose of giving effect to any such obligations, he may by order direct that the action shall be taken.

In subsections (1) and (2), “action” includes making, confirming or approving subordinate legislation and, in subsection (2), includes introducing a Bill in the Parliament.

An order under this section must state the reasons for making the order.

Property may be held by the Scottish Ministers by that name.

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.

A document shall be validly executed by the Scottish Ministers if it is executed by any member of the F21Scottish Government.

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.

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 F64or the Scotland Act 2016.

Property may be held by the Lord Advocate by that name.

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.

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.

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.

Subordinate legislation under this section may only be made in connection with the Lord Advocate becoming a member of the F21Scottish 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.

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.

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.

The Parliament shall make provision for the payment of salaries to members of the Parliament and members of the F21Scottish Government.

The Parliament may make provision for the payment of allowances to members of the Parliament or members of the F21Scottish Government.

The Parliament shall ensure that information concerning sums paid as salaries, allowances, pensions or gratuities of the kind mentioned in section 81 is published for each financial year.

No payment of salary or allowances of the kind mentioned in section 81(1) or (2) shall be made to a person who is required by section 84 to take an oath unless he has done so.

Subsection (2) does not affect any entitlement to payments in respect of the period before the person concerned took the oath once he has done so.

Different provision may be made under section 81 or 82 for different cases.

A person who is returned as a member of the Parliament shall take the oath of allegiance (whether or not he has taken the oath after being returned on a previous occasion or otherwise than as a member of the Parliament).

He shall do so at a meeting of the Parliament and shall not take part in any other proceedings of the Parliament until he has done so.

If he has not done so within the period of two months beginning with the day on which he was returned, or such longer period as the Parliament may have allowed before the end of that period, he shall cease to be a member of the Parliament (so that his seat is vacant).

Each junior Scottish Minister shall on appointment take the oath of allegiance.

Subsections (4) and (5) do not require a member of the Parliament to take the oath of allegiance again if he has already done so in compliance with his duty as a member.

In this section, references to taking the oath of allegiance are to taking it in the form provided by the Promissory Oaths Act 1868.

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The validity of anything done in relation to the Advocate General is not affected by a vacancy in that office.

If that office is vacant or the Advocate General is for any reason unable to act, his functions shall be exercisable by such other Minister of the Crown as the Prime Minister may determine in writing.

Sections 53 and 118 to 121 shall not apply in relation to any function which is specifically exercisable in relation to a cross-border public authority; and section 118 shall not apply in relation to any function of such an authority.

Any cross-border public authority or other person which is required by a pre-commencement enactment or a prerogative instrument to lay any report relating to a cross-border public authority before Parliament or either House of Parliament shall also lay the report before the Scottish Parliament.

Subsections (1) to (3) are subject to any Order in Council made under section 89.

In this Act “cross-border public authority” means any body, government department, office or office-holder specified in an Order in Council made by Her Majesty under this section.

Such an Order may only specify a body, government department, office or office-holder which (at the time when the Order is made) has, in addition to other functions, functions which are exercisable in or as regards Scotland and do not relate to reserved matters.

Her Majesty may by Order in Council make such provision in relation to a cross-border public authority as She considers necessary or expedient in consequence of this Act.

No recommendation shall be made to Her Majesty in Council to make an Order under this section unless the cross-border public authority concerned has been consulted.

This section applies if an Act of the Scottish Parliament provides for any functions of a cross-border public authority to be no longer exercisable in or as regards Scotland.

No recommendation shall be made to Her Majesty in Council to make an Order under this section unless the cross-border public authority concerned has been consulted.

“Scottish post” means a position, held as a member of the Trust, with specific reference to Scotland.

The Treasury may make a scheme transferring on the transfer date all the existing Scottish functions of the Crown Estate Commissioners (“ the Commissioners ”) to the Scottish Ministers or a person nominated by the Scottish Ministers (“ the transferee ”).

Functions relating to rights within subsection (2)(b) are to be treated for the purposes of this Act as exercisable in or as regards Scotland.

The property, rights and interests to which the existing Scottish functions relate must continue to be managed on behalf of the Crown.

That does not prevent the disposal of property, rights or interests for the purposes of that management.

Subsection (5) also applies to property, rights or interests acquired in the course of that management (except revenues to which section 1(2) of the Civil List Act 1952 applies).

The property, rights and interests to which subsection (5) applies must be maintained as an estate in land or as estates in land managed separately (with any proportion of cash or investments that seems to the person managing the estate to be required for the discharge of functions relating to its management).

The scheme may specify any property, rights or interests that appear to the Treasury to fall within subsection (2)(a) or (b), without prejudice to the functions transferred by the scheme.

The scheme must provide for the transfer to the transferee of designated rights and liabilities of the Commissioners in connection with the functions transferred.

The scheme must include provision to secure that the employment of any person in Crown employment (within the meaning of section 191 of the Employment Rights Act 1996) is not adversely affected by the transfer.

Any transfer by the scheme is subject to any provision under subsection (12).

On the transfer date, the existing Scottish functions and the designated rights and liabilities are transferred and vest in accordance with the scheme.

A certificate by the Treasury that anything specified in the certificate has vested in any person by virtue of the scheme is conclusive evidence for all purposes.

The Treasury may make a scheme under this section only with the agreement of the Scottish Ministers.

The power to make a scheme under this section is exercisable by statutory instrument.

The power to amend the scheme is exercisable so as to provide for an amendment to have effect from the transfer date.

Subsection (1) does not apply to amendments that appear to the Secretary of State to be minor or made only for technical or administrative reasons; and the Secretary of State is not to be taken to establish or amend a scheme by exercising a power under a scheme, other than a power that is exercisable subject to any parliamentary procedure.

Subsection (1) does not require the Secretary of State to consult the Scottish Ministers about any levy in connection with a renewable electricity incentive scheme.

Where, before the commencement of this section, the Secretary of State has consulted, or is consulting, the Scottish Ministers regarding a renewable electricity incentive scheme, that consultation is to be treated as fulfilling the obligation in subsection (1).

For the purposes of subsection (1), a complaint is a relevant complaint if it is a complaint of a kind which could be investigated under the M34Parliamentary Commissioner Act 1967 if it were made to a member of the House of Commons in respect of a government department or other authority to which that Act applies.

In making provision of the kind required by subsection (1), the Parliament shall have regard (among other things) to the Act of 1967.

Sections 53 and 117 to 121 shall not apply in relation to functions conferred by or under the Act of 1967.

In subsection (1), “the Queen’s Printer functions” means the printing functions in relation to Acts of Parliament and subordinate legislation of the Queen’s Printer of Acts of Parliament.

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The Queen’s Printer of Acts of Parliament shall hold the office of Queen’s Printer for Scotland.

References in this Act to a Scottish public authority include the Queen’s Printer for Scotland.

A Minister of the Crown may make arrangements for any of his specified functions to be exercised on his behalf by the Scottish Ministers; and the Scottish Ministers may make arrangements for any of their specified functions to be exercised on their behalf by a Minister of the Crown.

An arrangement under this section does not affect a person’s responsibility for the exercise of his functions.

The collection and management of a devolved tax is a specified function of the Scottish Ministers.

It shall continue to be for the Prime Minister to recommend to Her Majesty the appointment of a person as Lord President of the Court of Session or Lord Justice Clerk.

The Prime Minister shall not recommend to Her Majesty the appointment of any person who has not been nominated by the First Minister for such appointment.

Before nominating persons for such appointment the First Minister shall consult the Lord President and the Lord Justice Clerk (unless, in either case, the office is vacant).

A judge of the Court of Session and the Chairman of the Scottish Land Court may be removed from office only by Her Majesty; and any recommendation to Her Majesty for such removal shall be made by the First Minister.

The First Minister shall make such a recommendation if (and only if) the Parliament, on a motion made by the First Minister, resolves that such a recommendation should be made.

Provision shall be made for a tribunal constituted by the First Minister to investigate and report on whether a judge of the Court of Session or the Chairman of the Scottish Land Court is unfit for office by reason of inability, neglect of duty or misbehaviour and for the report to be laid before the Parliament.

The Treasury may require the Scottish Ministers to provide, within such period as the Treasury may reasonably specify, such information, in such form and prepared in such manner, as the Treasury may reasonably specify.

If the information is not in their possession or under their control, their duty under subsection (1) is to take all reasonable steps to comply with the requirement.

The Office for Budget Responsibility has a right of access at any reasonable time to all Scottish public finances information which it may reasonably require for the purpose of the performance of its duty under section 4 of the Budget Responsibility and National Audit Act 2011 (duty to examine and report on the sustainability of the public finances).

The Office is entitled to require from any person holding or accountable for any Scottish public finances information any assistance or explanation which the Office reasonably thinks necessary for that purpose.

“Scottish public finances information” means information held by the Scottish Ministers or by any Scottish public authority specified in regulations made by the Secretary of State.

This section is subject to any enactment or rule of law which operates to prohibit or restrict the disclosure of information or the giving of any assistance or explanation.

Her Majesty may by Order in Council provide for the Parliamentary corporation to make payments to registered political parties for the purpose of assisting members of the Parliament who are connected with such parties to perform their Parliamentary duties.

The corporation shall not make any payment to a party in pursuance of such an Order if any of the members of the Parliament who are connected with the party are also members of the F21Scottish Government or junior Scottish Ministers.

But such an Order may, in any circumstances specified in the Order, require the fact that any members who are connected with a party are also members of the F21Scottish Government or junior Scottish Ministers to be disregarded.

Such an Order may determine the circumstances in which a member of the Parliament and a registered political party are to be regarded for the purposes of this section as connected.

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.

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.

This section applies to a unilateral obligation as it applies to a contract.

Subsection (1) does not apply to the Lord Advocate, the Advocate General, the Attorney General F140, the Advocate General for Northern Ireland or the Attorney General for Northern Ireland.

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.

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.

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.

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).

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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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.

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.

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.

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.

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.

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).

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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.