Scotland Act 1998

1. Introductory Text

2. Part I The Scottish Parliament

   1. The Scottish Parliament

      1. 1. The Scottish Parliament.

   2. General elections

      1. 2. Ordinary general elections.

      2. 3. Extraordinary general elections.

      3. 4. Calculating time for meeting of the Parliament.

      4. 5. Candidates.

      5. 6. Poll for regional members.

      6. 7. Calculation of regional figures.

      7. 8. Allocation of seats to regional members.

   3. Vacancies

      1. 9. Constituency vacancies.

      2. 10. Regional vacancies.

   4. Franchise and conduct of elections

      1. 11. Electors.

      2. 12. Power to make provision about elections.

   5. Duration of membership

      1. 13. Term of office of members.

      2. 14. Resignation of members.

   6. Disqualification

      1. 15. Disqualification from membership of the Parliament.

      2. 16. Exceptions and relief from disqualification.

      3. 17. Effect of disqualification.

      4. 18. Judicial proceedings as to disqualification.

   7. Presiding Officer and administration

      1. 19. Presiding Officer.

      2. 20. Clerk of the Parliament.

      3. 21. Scottish Parliamentary Corporate Body.

   8. Proceedings etc.

      1. 22. Standing orders.

      2. 23. Power to call for witnesses and documents.

      3. 24. Witnesses and documents: notice.

      4. 25. Witnesses and documents: offences.

      5. 26. Witnesses and documents: general.

      6. 27. Participation of the Scottish Law Officers.

   9. Legislation

      1. 28. Acts of the Scottish Parliament.

      2. 29. Legislative competence.

      3. 30. Legislative competence: supplementary.

      4. 31. Scrutiny of Bills before introduction.

      5. 32. Submission of Bills for Royal Assent.

      6. 33. Scrutiny of Bills by the Judicial Committee.

      7. 34. ECJ references.

      8. 35. Power to intervene in certain cases.

      9. 36. Stages of Bills.

   10. Other provisions

       1. 37. Acts of Union.

       2. 38. Letters Patent and proclamations.

       3. 39. Members’ interests.

   11. Legal issues

       1. 40. Proceedings by or against the Parliament etc.

       2. 41. Defamatory statements.

       3. 42. Contempt of court.

       4. 43. Corrupt practices.

3. Part II The Scottish Administration

   1. Ministers and their staff

      1. 44. The Scottish Executive.

      2. 45. The First Minister.

      3. 46. Choice of the First Minister.

      4. 47. Ministers.

      5. 48. The Scottish Law Officers.

      6. 49. Junior Scottish Ministers.

      7. 50. Validity of acts of Scottish Ministers etc.

      8. 51. The Civil Service.

   2. Ministerial functions

      1. 52. Exercise of functions.

      2. 53. General transfer of functions.

      3. 54. Devolved competence.

      4. 55. Functions exercisable with agreement.

      5. 56. Shared powers.

      6. 57. Community law and Convention rights.

      7. 58. Power to prevent or require action.

   3. Property and liabilities

      1. 59. Property and liabilities of the Scottish Ministers.

      2. 60. Transfers to the Scottish Ministers.

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

      4. 62. Transfers to the Lord Advocate.

   4. Transfer of additional functions

      1. 63. Power to transfer functions.

4. Part III Financial Provisions

   1. 64. Scottish Consolidated Fund.

   2. 65. Payments out of the Fund.

   3. 66. Borrowing by the Scottish Ministers etc.

   4. 67. Lending by the Secretary of State.

   5. 68. Borrowing by statutory bodies.

   6. 69. The Auditor General for Scotland.

   7. 70. Financial control, accounts and audit.

   8. 71. Existing debt.

   9. 72. Accounts of loans to the Scottish Ministers.

5. Part IV The tax-varying power

   1. 73. Power to fix basic rate for Scottish taxpayers.

   2. 74. Supplemental provision with respect to resolutions.

   3. 75. Scottish taxpayers.

   4. 76. Changes to income tax structure.

   5. 77. Accounting for additional Scottish tax.

   6. 78. Effect of tax reduction for Scottish taxpayers.

   7. 79. Supplemental powers to modify enactments.

   8. 80. Reimbursement of expenses.

6. Part V Miscellaneous and general

   1. Remuneration of members of the Parliament and Executive

      1. 81. Remuneration of members of the Parliament and Executive.

      2. 82. Limits on salaries of members of the Parliament.

      3. 83. Remuneration: supplementary.

   2. Other provision about members of the Parliament etc.

      1. 84. Oaths.

      2. 85. Exemption from jury service.

   3. Arrangements at Westminster

      1. 86. Scottish representation at Westminster.

      2. 87. The Advocate General for Scotland.

   4. Cross-border public authorities

      1. 88. Cross-border public authorities: initial status.

      2. 89. Power to adapt etc. cross-border public authorities.

      3. 90. Power to transfer property of cross-border public authorities.

   5. Miscellaneous

      1. 91. Maladministration.

      2. 92. Queen’s Printer for Scotland.

      3. 93. Agency arrangements.

      4. 94. Private legislation.

      5. 95. Appointment and removal of judges.

      6. 96. Provision of information to the Treasury.

      7. 97. Assistance for opposition parties.

   6. Juridical

      1. 98. Devolution issues.

      2. 99. Rights and liabilities of the Crown in different capacities.

      3. 100. Human rights.

      4. 101. Interpretation of Acts of the Scottish Parliament etc.

      5. 102. Powers of courts or tribunals to vary retrospective decisions.

      6. 103. The Judicial Committee.

   7. Supplementary powers

      1. 104. Power to make provision consequential on legislation of, or scrutinised by, the Parliament.

      2. 105. Power to make provision consequential on this Act.

      3. 106. Power to adapt functions.

      4. 107. Legislative power to remedy ultra vires acts.

      5. 108. Agreed redistribution of functions exercisable by the Scottish Ministers etc.

      6. 109. Agreed redistribution of property and liabilities.

      7. 110. Scottish taxpayers for social security purposes.

      8. 111. Regulation of Tweed and Esk fisheries.

7. Part VI Supplementary

   1. Subordinate legislation

      1. 112. Subordinate legislation: general.

      2. 113. Subordinate legislation: scope of powers.

      3. 114. Subordinate legislation: particular provisions.

      4. 115. Subordinate legislation: procedure.

      5. 116. Transfer of property: supplementary.

   2. General modification of enactments

      1. 117. Ministers of the Crown.

      2. 118. Subordinate instruments.

      3. 119. Consolidated Fund etc.

      4. 120. Accounts and audit.

      5. 121. Requirements to lay reports etc. before Parliament.

      6. 122. Crown land.

      7. 123. Stamp duty.

      8. 124. Modification of sections 94 and 117 to 122.

   3. Amendments and repeals

      1. 125. Amendments and repeals.

   4. Final provisions

      1. 126. Interpretation.

      2. 127. Index of defined expressions.

      3. 128. Expenses.

      4. 129. Transitional provisions etc.

      5. 130. Commencement.

      6. 131. Extent.

      7. 132. Short title.

8. SCHEDULES

   1. SCHEDULE 1

      Constituencies, regions and regional members

      1. General

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

         2. 2. (1) There are to be eight regions for the purposes...

      2. Reports of the Electoral Commission

         1. 3. (1) The Electoral Commission must keep under review the boundaries...

         2. 4. (1) This paragraph applies if the Electoral Commission submit a...

      3. Review and proposed recommendations by Boundary Committee for Scotland

         1. 5. (1) If the Electoral Commission intend to consider making a...

      4. Orders in Council

         1. 6. (1) The draft of an Order in Council laid before...

      5. Notice of proposed report or recommendations

         1. 7. (1) If the Electoral Commission intend to consider making a...

         2. 8. (1) This paragraph applies if the Boundary Committee provisionally determine...

      6. Local inquiries

         1. 9. (1) The Boundary Committee may if they think fit cause...

         2. 10. (1) The Boundary Committee may if they think fit cause...

         3. 11. Section 210(4) and (5) of the Local Government (Scotland) Act...

      7. The constituency rules

         1. 12. These are the constituency rules. Rule 1 (1) So far...

      8. The regional rules

         1. 13. These are the regional rules. Rule 1 A constituency must...

         2. 14. (1) This paragraph applies for the purposes of the regional...

   2. SCHEDULE 2

      Scottish Parliamentary Corporate Body

      1. Membership

         1. 1. A person appointed under section 21(2)(b) shall hold office until...

      2. Property

         1. 2. (1) The corporation may hold property. (2) Subordinate legislation may...

      3. Staff

         1. 3. (1) The corporation shall appoint Assistant Clerks and may appoint...

      4. Powers

         1. 4. (1) Subject to sub-paragraph (4), the corporation may do anything...

      5. Delegation

         1. 5. The corporation may delegate any of its functions to the...

      6. Proceedings and business

         1. 6. (1) The validity of any act of the corporation shall...

      7. Crown status

         1. 7. (1) Her Majesty may by Order in Council provide for...

   3. SCHEDULE 3

      Standing orders – further provision

      1. Preservation of order

         1. 1. (1) The standing orders shall include provision for preserving order...

      2. Withdrawal of rights and privileges

         1. 2. The standing orders may include provision for withdrawing from a...

      3. Proceedings to be in public

         1. 3. (1) The standing orders shall include provision requiring the proceedings...

      4. Reporting and publishing proceedings

         1. 4. The standing orders shall include provision for reporting the proceedings...

      5. The Presiding Officer and deputies

         1. 5. The standing orders shall include provision for ensuring that the...

      6. Committees

         1. 6. (1) Standing orders which provide for the appointment of committees...

      7. Crown interests

         1. 7. The standing orders shall include provision for ensuring that a...

   4. SCHEDULE 4

      Enactments etc. protected from modification

      1. Part I The protected provisions

         1. Particular enactments

            1. 1. (1) An Act of the Scottish Parliament cannot modify, or...

         2. The law on reserved matters

            1. 2. (1) An Act of the Scottish Parliament cannot modify, or...

            2. 3. (1) Paragraph 2 does not apply to modifications which—

         3. This Act

            1. 4. (1) An Act of the Scottish Parliament cannot modify, or...

            2. 4A. (1) Paragraph 4 does not apply to prevent an Act...

         4. Enactments modified by this Act

            1. 5. An Act of the Scottish Parliament cannot modify, or confer...

         5. Shared powers

            1. 6. An Act of the Scottish Parliament cannot modify, or confer...

      2. Part II General exceptions

         1. Restatement, etc.

            1. 7. (1) Part I of this Schedule does not prevent an...

         2. Effect of Interpretation Act 1978

            1. 8. Part I of this Schedule does not prevent the operation...

         3. Change of title etc.

            1. 9. (1) Part I of this Schedule does not prevent an...

         4. Accounts and audit and maladministration

            1. 10. Part I of this Schedule does not prevent an Act...

         5. Subordinate legislation

            1. 11. (1) Part I of this Schedule does not prevent an...

      3. Part III Consequential modification of sections 53 and 54

         1. 12. (1) This paragraph applies to a function which (apart from...

         2. 13. (1) Paragraph 12 does not apply to any function conferred...

         3. 14. If any pre-commencement enactment or prerogative instrument is modified by...

   5. SCHEDULE 5

      Reserved matters

      1. Part I General reservations

         1. The Constitution

            1. 1. The following aspects of the constitution are reserved matters, that...

            2. 2. (1) Paragraph 1 does not reserve— (a) Her Majesty’s prerogative...

            3. 3. (1) Paragraph 1 does not reserve property belonging to Her...

            4. 4. (1) Paragraph 1 does not reserve property held by Her...

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

         2. Political parties

            1. 6. The registration and funding of political parties is a reserved...

         3. Foreign affairs etc.

            1. 7. (1) International relations, including relations with territories outside the United...

         4. Public service

            1. 8. (1) The Civil Service of the State is a reserved...

         5. Defence

            1. 9. (1) The following are reserved matters— (a) the defence of...

         6. Treason

            1. 10. Treason (including constructive treason), treason felony and misprision of treason...

      2. Part II Specific reservations

         1. Preliminary

            1. 1. The matters to which any of the Sections in this...

            2. 2. A Section applies to any matter described or referred to...

            3. 3. Any illustrations, exceptions or interpretation provisions in a Section relate...

         2. Reservations

         3. Head A – Financial and Economic Matters

            1. A1. Fiscal, economic and monetary policy

            2. A2. The currency

            3. A3. Financial services

            4. A4. Financial markets

            5. A5. Money laundering

         4. Head B – Home Affairs

            1. B1. Misuse of drugs

            2. B2. Data protection

            3. B3. Elections

            4. B4. Firearms

            5. B5. Entertainment

            6. B6. Immigration and nationality

            7. B7.Scientific procedures on live animals

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

            9. B9. Betting, gaming and lotteries

            10. B10. Emergency powers

            11. B11. Extradition

            12. B12. Lieutenancies

            13. B13. Access to information

         5. Head C – Trade and Industry

            1. C1. Business associations

            2. C2. Insolvency

            3. C3. Competition

            4. C4. Intellectual property

            5. C5. Import and export control

            6. C6. Sea fishing

            7. C7. Consumer protection

            8. C8. Product standards, safety and liability

            9. C9. Weights and measures

            10. C10. Telecommunications and wireless telegraphy

            11. C11 Posts

            12. C12. Research Councils

            13. C13. Designation of assisted areas

            14. C14. Industrial Development Advisory Board

            15. C15. Protection of trading and economic interests

         6. Head D – Energy

            1. D1. Electricity

            2. D2. Oil and gas

            3. D3. Coal

            4. D4. Nuclear energy

            5. D5. Energy conservation

         7. Head E – Transport

            1. E1. Road transport

            2. E2. Rail transport

            3. E3. Marine transport

            4. E4. Air transport

            5. E5. Other matters

         8. Head F – Social Security

            1. F1. Social security schemes

            2. F2. Child support

            3. F3. Occupational and personal pensions

            4. F4. War pensions

         9. Head G – Regulation of the Professions

            1. G1. Architects

            2. G2. Health professions

            3. G3. Auditors

         10. Head H – Employment

             1. H1. Employment and industrial relations

             2. H2. Health and safety

             3. H3. Job search and support

         11. Head J – Health and Medicines

             1. J1. Abortion

             2. J2. Xenotransplantation

             3. J3. Embryology, surrogacy and genetics

             4. J4. Medicines, medical supplies and poisons

             5. J5. Welfare foods

         12. Head K – Media and Culture

             1. K1. Broadcasting

             2. K2. Public lending right

             3. K3. Government Indemnity Scheme

             4. K4. Property accepted in satisfaction of tax

         13. Head L – Miscellaneous

             1. L1. Judicial remuneration

             2. L2. Equal opportunities

             3. L3. Control of weapons

             4. L4. Ordnance survey

             5. L5. Time

             6. L6. Outer space

      3. Part III General provisions

         1. Scottish public authorities

            1. 1. (1) This Schedule does not reserve any Scottish public authority...

            2. 2. Paragraph 1 of Part I of this Schedule does not...

         2. Reserved bodies

            1. 3. (1) The reservation of any body to which this paragraph...

         3. Financial assistance to industry

            1. 4. (1) This Schedule does not reserve giving financial assistance to...

         4. Interpretation

            1. 5. (1) References in this Schedule to the subject-matter of any...

   6. SCHEDULE 6

      Devolution issues

      1. Part I Preliminary

         1. 1. In this Schedule “devolution issue” means— (a) a question whether...

         2. 2. A devolution issue shall not be taken to arise in...

      2. Part II Proceedings in Scotland

         1. Application of Part II

            1. 3. This Part of this Schedule applies in relation to devolution...

         2. Institution of proceedings

            1. 4. (1) Proceedings for the determination of a devolution issue may...

         3. Intimation of devolution issue

            1. 5. Intimation of any devolution issue which arises in any proceedings...

            2. 6. A person to whom intimation is given in pursuance of...

         4. Reference of devolution issue to higher court

            1. 7. A court, other than the House of Lords or any...

            2. 8. A tribunal from which there is no appeal shall refer...

            3. 9. A court, other than any court consisting of two or...

         5. References from superior courts to Judicial Committee

            1. 10. Any court consisting of three or more judges of the...

            2. 11. Any court consisting of two or more judges of the...

         6. Appeals from superior courts to Judicial Committee

            1. 12. An appeal against a determination of a devolution issue by...

            2. 13. An appeal against a determination of a devolution issue by—...

      3. Part III Proceedings in England and Wales

         1. Application of Part III

            1. 14. This Part of this Schedule applies in relation to devolution...

         2. Institution of proceedings

            1. 15. (1) Proceedings for the determination of a devolution issue may...

         3. Notice of devolution issue

            1. 16. A court or tribunal shall order notice of any devolution...

            2. 17. A person to whom notice is given in pursuance of...

         4. Reference of devolution issue to High Court or Court of Appeal

            1. 18. A magistrates’ court may refer any devolution issue which arises...

            2. 19. (1) A court may refer any devolution issue which arises...

            3. 20. A tribunal from which there is no appeal shall refer...

            4. 21. A court, other than the House of Lords or the...

         5. References from Court of Appeal to Judicial Committee

            1. 22. The Court of Appeal may refer any devolution issue which...

         6. Appeals from superior courts to Judicial Committee

            1. 23. An appeal against a determination of a devolution issue by...

      4. Part IV Proceedings in Northern Ireland

         1. Application of Part IV

            1. 24. This Part of this Schedule applies in relation to devolution...

         2. Institution of proceedings

            1. 25. (1) Proceedings for the determination of a devolution issue may...

         3. Notice of devolution issue

            1. 26. A court or tribunal shall order notice of any devolution...

            2. 27. A person to whom notice is given in pursuance of...

         4. Reference of devolution issue to Court of Appeal

            1. 28. A court, other than the House of Lords or the...

            2. 29. A tribunal from which there is no appeal shall refer...

         5. References from Court of Appeal to Judicial Committee

            1. 30. The Court of Appeal in Northern Ireland may refer any...

         6. Appeals from Court of Appeal to Judicial Committee

            1. 31. An appeal against a determination of a devolution issue by...

      5. Part V General

         1. Proceedings in the House of Lords

            1. 32. Any devolution issue which arises in judicial proceedings in the...

         2. Direct references to Judicial Committee

            1. 33. The Lord Advocate, the Advocate General, the Attorney General or...

            2. 34. The Lord Advocate, the Attorney General, the Advocate General or...

            3. 35. (1) This paragraph applies where a reference is made under...

         3. Expenses

            1. 36. (1) A court or tribunal before which any proceedings take...

         4. Procedure of courts and tribunals

            1. 37. Any power to make provision for regulating the procedure before...

         5. Interpretation

            1. 38. Any duty or power conferred by this Schedule to refer...

   7. SCHEDULE 7

      Procedure for subordinate legislation

      1. General provision

         1. 1. (1) Subordinate legislation (or a statutory instrument containing it) under...

      2. Types of procedure

         1. 2. The types of procedure referred to in this Schedule are—...

      3. Special cases

         1. 3. (1) This paragraph applies if— (a) the instrument containing the...

         2. 4. If legislation under section 129(1) makes provision as mentioned in...

         3. 5. (1) An instrument containing an Order in Council or order...

   8. SCHEDULE 8

      Modifications of enactments

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

         1. 1. In section 2 of the Public Revenue (Scotland) Act 1833...

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

         1. 2. (1) The Crown Suits (Scotland) Act 1857 is amended as...

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

         1. 3. (1) The Sheriff Courts and Legal Officers (Scotland) Act 1927...

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

         1. 4. In the Administration of Justice (Scotland) Act 1933, in sections...

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

         1. 5. In section 1 of the Private Legislation Procedure (Scotland) Act...

      6. United Nations Act 1946 (c.45)

         1. 6. In section 1 of the United Nations Act 1946 (measures...

      7. Crown Proceedings Act 1947 (c.44)

         1. 7. (1) The Crown Proceedings Act 1947 is amended as follows....

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

         1. 8. In section 1(1) of the Public Registers and Records (Scotland)...

      9. Lands Tribunal Act 1949 (c.42)

         1. 9. In section 2 of the Lands Tribunal Act 1949 (members...

      10. Defamation Act 1952 (c.66)

          1. 10. In section 10 of the Defamation Act 1952 (limitation on...

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

          1. 11. In section 10(2) of the Defamation Act (Northern Ireland) 1955...

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

          1. 12. In section 1(1) of the Registration of Births, Deaths and...

      13. Pensions (Increase) Act 1971 (c.56)

          1. 13. In Part II of Schedule 2 to the Pensions (Increase)...

      14. Superannuation Act 1972 (c.11)

          1. 14. In section 1(6) of the Superannuation Act 1972 (superannuation as...

      15. European Communities Act 1972 (c.68)

          1. 15. (1) The European Communities Act 1972 is amended as follows....

      16. Interpretation Act 1978 (c.30)

          1. 16. (1) The Interpretation Act 1978 is amended as follows.

      17. Education (Scotland) Act 1980 (c.44)

          1. 17. In section 135(1) of the Education (Scotland) Act 1980 (interpretation),...

      18. Civil Jurisdiction and Judgments Act 1982 (c.27)

          1. 18. (1) Section 46 of the Civil Jurisdiction and Judgments Act...

      19. Mental Health Act 1983 (c.20)

          1. 19. In section 141 of the Mental Health Act 1983 (members...

      20. National Audit Act 1983 (c.44)

          1. 20. Sections 6 and 7 of the National Audit Act 1983...

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

          1. 21. In section 1 of the Tourism (Overseas Promotion) (Scotland) Act...

      22. Bankruptcy (Scotland) Act 1985 (c.66)

          1. 22. For section 1 of the Bankruptcy (Scotland) Act 1985 there...

      23. Insolvency Act 1986 (c.45)

          1. 23. (1) The Insolvency Act 1986 is amended as follows.

      24. Public Order Act 1986 (c.64)

          1. 24. In section 26(1) of the Public Order Act 1986 (savings...

      25. Copyright, Designs and Patents Act 1988 (c.48)

          1. 25. (1) The Copyright, Designs and Patents Act 1988 is amended...

      26. Official Secrets Act 1989 (c.6)

          1. 26. (1) Section 12 of the Official Secrets Act 1989 (meaning...

      27. Prisons (Scotland) Act 1989 (c.45)

          1. 27. (1) The Prisons (Scotland) Act 1989 is amended as follows....

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

          1. 28. In section 6 of the European Communities (Amendment) Act 1993...

      29. Scottish Land Court Act 1993 (c.45)

          1. 29. In section 1 of the Scottish Land Court Act 1993...

      30. Value Added Tax Act 1994 (c.23)

          1. 30. In section 41 of the Value Added Tax Act 1994...

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

          1. 31. In section 12(1) of the Requirements of Writing (Scotland) Act...

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

          1. 32. (1) The Criminal Procedure (Scotland) Act 1995 is amended as...

      33. Defamation Act 1996 (c.31)

          1. 33. (1) The Defamation Act 1996 is amended as follows.

      34. Damages Act 1996 (c.48)

          1. 34. In section 6 of the Damages Act 1996 (guarantees for...

   9. SCHEDULE 9

      Repeals