Scotland Act 1998

Legal issuesU.K.

40 Proceedings by or against the Parliament etc.U.K.

(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.

41 Defamatory statements.U.K.

(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 M1Defamation Act 1996.

Marginal Citations

42 Contempt of court.U.K.

(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 M2Contempt of Court Act 1981.

Marginal Citations

43 Corrupt practices.U.K.

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments