Scotland Act 1998

This section has no associated Explanatory Notes

4(1)An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, this Act.U.K.

(2)This paragraph does not apply to modifying sections 1(4), 17(5), 19(7), 21(5), 24(2), 28(5), 39(7), 40 to 43, 50, 69(3), 85 [F1, 93 and 97] and paragraphs 4(1) to (3) and 6(1) of Schedule 2.

[F2(2A)This paragraph does not apply to any modifications of sections 11, 12, 12A and 113, and Schedule 7—

(a)for the purpose of reducing the minimum voting age to 16 at elections to the Parliament or local government elections (or both), or in consequence of any such provision, or

(b)for the purpose of making provision about the registration of electors in order to give effect to provision reducing the minimum voting age at those elections to 16, or in consequence of any such provision about the registration of electors, including—

(i)provision for disregarding alterations in a register of electors,

(ii)provision about, or for purposes connected with, the content of a register or the effect of registration, and

(iii)provision about supplying or otherwise dealing with a register,

but not including provision about the use of the digital service for applications for registration or for verifying information contained in applications for registration.

(2B) In sub-paragraph (2A) “digital service” has the meaning given by regulation 3(1) of the Representation of the People (Scotland) Regulations 2001 , as that regulation had effect on the date on which the Scotland Act 1998 (Modification of Schedules 4 and 5 and Transfer of Functions to the Scottish Ministers etc. ) Order 2015 ( S.I. 2015/692 ) came into force. ]

[F3(2C)This paragraph does not apply to modifying section 2(2) in relation to the first ordinary general election for membership of the Parliament after 2016.]

(3)This paragraph does not apply to modifying any provision of this Act (other than sections 64(7), 66(2), 71(7), 77, 78 and 119) which—

(a)charges any sum on the Scottish Consolidated Fund,

(b)requires any sum to be paid out of that Fund without further approval, F4. . .

[F5(c)requires any sum to be payable out of that Fund, or

(d)]requires or authorises the payment of any sum into that Fund.

(4)This paragraph does not apply to any modifications of Part III which are necessary or expedient for the purpose or in consequence of the establishment of a new fund, in addition to the Scottish Consolidated Fund, out of which loans may be made by the Scottish Ministers.

(5)This paragraph does not apply to—

(a)modifying so much of any enactment as is modified by this Act,

(b)repealing so much of any provision of this Act as amends any enactment, if the provision ceases to have effect in consequence of any enactment comprised in or made under an Act of the Scottish Parliament.

Textual Amendments

F1Words in Sch. 4 Pt. I para. 4(2) substituted (1.7.1999) by S.I. 1999/1749, arts. 1, 2(1); S.I. 1998/3178, art. 3

F4Words in Sch. 4 Pt. I para. 4(3)(b)(c) left out (13.7.2000) by virtue of S.I. 2000/1831, art. 3

F5Sch. 4 Pt. I para. 4(c) and word “(d)” inserted (13.7.2000) by S.I. 2000/1831, art. 3