Textual Amendments
F1Sch. 1 substituted (22.7.2004 with effect subject to transitional modifications set out in Sch. 2 of the amending Act until "the appropriate date", see s. 1(2)(3) of the amending Act) by Scottish Parliament (Constituencies) Act 2004 (c. 13), s. 1(1)-(4), Sch. 1 (however, paras. 3-14 of Sch. 1 as so substituted or as so substituted and modified (as the case may be) have no effect until 30.6.2007, see s. 1(4))
1(1)There are to be 73 constituencies for the purposes of this Act.U.K.
(2)The constituencies are—
(a)the Orkney Islands,
(b)the Shetland Islands, and
[F2(c)the constituencies provided for by an Order in Council under paragraph 6.]
F3( 3 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 1 para. 1(2)(c) substituted (31.10.2012) by Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 8; S.I. 2012/2516, art. 2(f)
F3Sch. 1 para. 1(3) ceases to have effect (11.11.2010) by virtue of The Scottish Parliament (Constituencies and Regions) Order 2010 (S.I. 2010/2691), arts. 1(2), 3(3)
2(1)There are to be eight regions for the purposes of this Act.U.K.
[F4(2)The regions are the regions provided for by an Order in Council under paragraph 6.]
(3)Seven regional members are to be returned for each region.
Textual Amendments
F4Sch. 1 para. 2(2) substituted (31.10.2012) by Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 9; S.I. 2012/2516, art. 2(f)
Textual Amendments
F5Words in Sch. 1 substituted (31.10.2012) by Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 2; S.I. 2012/2516, art. 2(f)
3(1)[F5The Boundary Commission for Scotland] must keep under review the boundaries of the constituencies (other than those mentioned in paragraph 1(2)(a) and (b)).U.K.
(2)The review must be conducted in accordance with the constituency rules.
(3)[F5The Boundary Commission for Scotland] must submit to the Secretary of State a report—
(a)showing the alterations they propose to the boundaries, or
(b)stating that in their opinion no alteration should be made.
(4)The first report of [F5the Boundary Commission for Scotland] under this paragraph must be submitted to the Secretary of State not later than 30 June 2010.
(5)Subsequent reports must be submitted not less than eight nor more than twelve years after the date of the submission of the last report.
(6)[F5The Boundary Commission for Scotland] may also from time to time (but not before the submission of their first report) submit to the Secretary of State reports with respect to the area comprised in any two or more constituencies showing the constituencies into which they recommend the area should be divided in order to give effect to the constituency rules.
(7)A report under sub-paragraph (6) must recommend the same number of constituencies as that in which the area is comprised.
(8)A report of [F5the Boundary Commission for Scotland] which recommends an alteration to the boundaries of constituencies must state as respects each constituency—
(a)the name by which they recommend it is to be known;
(b)whether they recommend that it is to be a county or a burgh constituency.
(9)As soon as practicable after [F5the Boundary Commission for Scotland] have submitted a report to the Secretary of State under this paragraph he must lay before Parliament—
(a)the report, and
(b)the draft of an Order in Council for giving effect to the recommendations contained in the report.
(10)Sub-paragraph (9)(b) does not apply if the report states that no alteration is required to be made to the boundaries of the constituencies.
(11)[F5The Boundary Commission for Scotland] must at the same time as they submit a report in accordance with sub-paragraph (3) or (6) lay any report recommending an alteration in the constituencies before the Parliament.
4(1)This paragraph applies if [F5the Boundary Commission for Scotland] submit a report to the Secretary of State recommending an alteration in a constituency.U.K.
(2)In the report [F5the Boundary Commission for Scotland] must recommend any alteration in any of the regions which they think is necessary to give effect to the regional rules.
(3)A report making a recommendation for an alteration in a region must recommend the name by which [F5the Boundary Commission for Scotland] think the region should be known.
Textual Amendments
F6Sch. 1 para. 5 and cross-heading omitted (31.10.2012) by virtue of Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 3; S.I. 2012/2516, art. 2(f)
F65U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6(1)The draft of an Order in Council laid before Parliament by the Secretary of State for giving effect to the recommendations contained in a report by [F5the Boundary Commission for Scotland] under paragraph 3 may make provision for any matters which he thinks are incidental to or consequential on the recommendations.U.K.
(2)If the draft is approved by resolution of each House of Parliament the Secretary of State must submit it to Her Majesty in Council.
(3)If a motion for the approval of the draft is rejected by either House of Parliament or withdrawn by leave of the House the Secretary of State may amend the draft and lay the amended draft before Parliament.
(4)If the draft as so amended is approved by resolution of each House of Parliament the Secretary of State must submit it to Her Majesty in Council.
(5)If a draft of an Order in Council is submitted to Her Majesty in Council under this Schedule, Her Majesty in Council may make an order in terms of the draft.
(6)An Order in Council made as mentioned in sub-paragraph (5) comes into force on the date specified in the Order.
(7)The coming into force of the Order does not affect the return of any member to the Parliament or its constitution until the Parliament is dissolved.
(8)The validity of an Order in Council purporting to be made under this Schedule and reciting that a draft of the Order has been approved by a resolution of each House of Parliament must not be called in question in any legal proceedings whatsoever.
Textual Amendments
F5Words in Sch. 1 substituted (31.10.2012) by Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 2; S.I. 2012/2516, art. 2(f)
7(1)If [F5the Boundary Commission for Scotland] intend to consider making a report under this Schedule—U.K.
(a)they must inform the Secretary of State by notice in writing;
(b)they must publish a copy of the notice in the Edinburgh Gazette.
[F7(2)If the Boundary Commission for Scotland have provisionally determined to make recommendations affecting a constituency they must publish in at least one newspaper circulating in the constituency a notice stating—
(a)the effect of the proposed recommendations and (except if the effect is that no alteration should be made in respect of the constituency) that a copy of the recommendations is open to inspection at a specified place in the constituency, and
(b)that representations with respect to the proposed recommendations may be made to the Commission before the end of the period of one month starting the day after the notice is published.]
(3)[F5The Boundary Commission for Scotland] must take into account any representations made in accordance with the notice.
(4)If [F5the Boundary Commission for Scotland] revise any proposed recommendations after publishing notice of them under sub-paragraph (2) they must comply again with sub-paragraphs (2) and (3) in relation to the revised recommendations as if no earlier notice had been published.
F8(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Words in Sch. 1 substituted (31.10.2012) by Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 2; S.I. 2012/2516, art. 2(f)
F7Sch. 1 para. 7(2) substituted (31.10.2012) by Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 4(2); S.I. 2012/2516, art. 2(f)
F8Sch. 1 para. 7(5)(6) omitted (31.10.2012) by virtue of Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 4(3); S.I. 2012/2516, art. 2(f); S.I. 2012/2516, art. 2(f)
8[F9(1)This paragraph applies if the Boundary Commission for Scotland provisionally determine to make recommendations which would involve any alteration in a constituency.]U.K.
(2)[F5The Boundary Commission for Scotland] must consider whether any alteration within paragraph 4(2) would be required in order to give effect to the regional rules.
F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Paragraph 7 applies for the purposes of the proposed recommendations as if for any reference to a constituency there is substituted a reference to a region.
Textual Amendments
F5Words in Sch. 1 substituted (31.10.2012) by Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 2; S.I. 2012/2516, art. 2(f)
F9Sch. 1 para. 8(1) substituted (31.10.2012) by Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 5(2); S.I. 2012/2516, art. 2(f)
F10Sch. 1 para. 8(3) omitted (31.10.2012) by virtue of Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 5(3); S.I. 2012/2516, art. 2(f)
9(1)[F5The Boundary Commission for Scotland] may if they think fit cause a local inquiry to be held in respect of any constituency or constituencies.U.K.
(2)If [F5the Boundary Commission for Scotland] receive any relevant representations objecting to a proposed recommendation for the alteration of a constituency they must not make the recommendation unless since the publication of the notice under paragraph 7(2) a local inquiry has been held in respect of the constituency.
(3)If a local inquiry was held in respect of the constituency before the publication of the notice under paragraph 7(2), sub-paragraph (2) above does not apply if [F5the Boundary Commission for Scotland] after considering—
(a)the matters discussed at the inquiry,
(b)the nature of the relevant representations received, and
(c)any other relevant circumstances,
think that a further local inquiry is not justified.
(4)A relevant representation is a representation made in accordance with paragraph 7(2)(b)—
(a)by the council for an area which is wholly or partly comprised in the constituency;
(b)by a body of not less than 100 persons entitled to vote as electors at an election for membership of the Parliament held in the constituency.
Textual Amendments
F5Words in Sch. 1 substituted (31.10.2012) by Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 2; S.I. 2012/2516, art. 2(f)
10(1)[F5The Boundary Commission for Scotland] may if they think fit cause a local inquiry to be held in respect of any region or regions.U.K.
(2)If [F5the Boundary Commission for Scotland] receive any relevant representations objecting to a proposed recommendation for the alteration of a region they must not make the recommendation unless since the publication of the notice under paragraph 7(2) a local inquiry has been held in respect of the region.
(3)If a local inquiry was held in respect of the region before the publication of the notice under paragraph 7(2), sub-paragraph (2) above does not apply if [F5the Boundary Commission for Scotland] after considering—
(a)the matters discussed at the inquiry,
(b)the nature of the relevant representations received, and
(c)any other relevant circumstances,
think that a further local inquiry is not justified.
(4)A relevant representation is a representation made in accordance with paragraph 7(2)(b)—
(a)by the council for an area which is wholly or partly included in the region;
(b)by a body of not less than 500 persons entitled to vote as electors at an election for membership of the Parliament held in any one or more of the constituencies included in the region.
Textual Amendments
F5Words in Sch. 1 substituted (31.10.2012) by Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 2; S.I. 2012/2516, art. 2(f)
11U.K.Section 210(4) and (5) of the Local Government (Scotland) Act 1973 (c. 69) (attendance of witnesses at inquiries) applies in relation to a local inquiry held under paragraph 9 or 10.
12U.K.These are the constituency rules.
Rule 1
Rule 2
(1) The electorate of a constituency must be as near the electoral quota as is practicable, having regard to Rule 1.
(2) [F13The Boundary Commission for Scotland] may depart from the strict application of Rule 1 if they think that it is desirable to do so to avoid an excessive disparity between the electorate of a constituency and the electoral quota or between the electorate of a constituency and that of neighbouring constituencies.
(3) The electoral quota is the number obtained by dividing the total electorate by 71.
(4) The electorate of a constituency is the aggregate of the persons falling within paragraphs (5) and (6) below.
(5) A person falls within this paragraph if his name appears on the register of local government electors in force on the enumeration date under the Representation of the People Acts for a local government area which is situated wholly in the constituency.
(6) A person falls within this paragraph if his name appears on the register of local government electors in force on the enumeration date under the Representation of the People Acts for a local government area which is situated partly in the constituency and his qualifying address is situated in the constituency.
(7) The total electorate is the total number of persons whose names appear on the registers of local government electors in force on the enumeration date under the Representation of the People Acts for all of the local government areas in Scotland (except the local government areas of Orkney and Shetland).
(8) The enumeration date is, in relation to a report of [F5the Boundary Commission for Scotland] F14..., the date on which notice with respect to the report is published in the Edinburgh Gazette in accordance with paragraph 7(1) above.
(9) “ Qualifying address ” and “ local government area ” have the same meanings as in the Representation of the People Act 1983 (c. 2).
Rule 3
[F13The Boundary Commission for Scotland] may depart from the strict application of Rules 1 and 2 if they think that special geographical considerations (including in particular the size, shape and accessibility of a constituency) render it desirable to do so.
Rule 4
[F13The Boundary Commission for Scotland] need not aim at giving full effect in all circumstances to Rules 1 to 3 but they must take account (so far as they reasonably can)—
(a) of the inconveniences attendant on alterations of constituencies other than alterations made for the purposes of Rule 1, and
(b) of any local ties which would be broken by such alterations.
Textual Amendments
F5Words in Sch. 1 substituted (31.10.2012) by Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 2; S.I. 2012/2516, art. 2(f)
F11Words in Sch. 1 para. 12 substituted (31.10.2012) by Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 10(2); S.I. 2012/2516, art. 2(f)
F12Sch. 1 para. 12 omitted (31.10.2012) by virtue of Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 10(3); S.I. 2012/2516, art. 2(f)
F13Words in Sch. 1 para. 12 substituted (31.10.2012) by Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 6(2); S.I. 2012/2516, art. 2(f)
F14Words in Sch. 1 para. 12 omitted (31.10.2012) by virtue of Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 6(3); S.I. 2012/2516, art. 2(f)
13U.K.These are the regional rules.
Rule 1
A constituency must fall wholly within a region.
Rule 2
The regional electorate of a region must be as near the regional electorate of each of the other regions as is practicable, having regard (where appropriate) to special geographical considerations.
14(1)This paragraph applies for the purposes of the regional rules.U.K.
(2)For the purposes of a report of [F5the Boundary Commission for Scotland] in relation to a region, the regional electorate is the number of persons—
(a)whose names appear on the enumeration date on the registers of local government electors in the region, and
(b)who are registered at addresses within a constituency included in the region.
(3)The enumeration date is the date on which notice with respect to the report is published in the Edinburgh Gazette in accordance with paragraph 7(1) above.
F15(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F5Words in Sch. 1 substituted (31.10.2012) by Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 2; S.I. 2012/2516, art. 2(f)
F15Sch. 1 para. 14(4) omitted (31.10.2012) by virtue of Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 7; S.I. 2012/2516, art. 2(f)
Section 21.
1U.K.A person appointed under section 21(2)(b) shall hold office until another member of the Parliament is appointed in his place 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.
2(1)The corporation may hold property.U.K.
(2)Subordinate legislation may provide—
(a)for the transfer to the corporation of any property belonging to a Minister of the Crown or government department, or
(b)for the corporation 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).
(3)Subordinate legislation under sub-paragraph (2) in relation to any property may provide for the transfer to the corporation of any liabilities relating to the property to which a Minister of the Crown or government department is subject and which subsist immediately before the subordinate legislation comes into force.
(4)Subordinate legislation under sub-paragraph (2) may only be made if the person making the legislation considers it appropriate to do so to enable the corporation to exercise its functions or to facilitate their exercise or in connection with their exercise or proposed exercise.
Commencement Information
I1Sch. 1 para. 2(2)-(4)(7) in force for certain purposes at 25.1.1999; and Sch. 1 para. 2 in force at 6.5.1999 so far as not already in force by S.I. 1998/3178, art. 2(2)
3(1)The corporation shall appoint Assistant Clerks and may appoint other staff.U.K.
(2)The Clerk and other persons appointed by the corporation are referred to in this Act as the staff of the Parliament.
(3)It is for the corporation to determine the terms and conditions of appointment of the staff of the Parliament, including arrangements for the payment of pensions, gratuities or allowances to, or in respect of, any person who has ceased to be a member of the staff of the Parliament.
(4)In particular, the corporation may—
(a)make contributions or payments towards provision for such pensions, gratuities or allowances,
(b)establish and administer one or more pension schemes.
4(1)Subject to sub-paragraph (4), the corporation may do anything which appears to it to be necessary or expedient for the purpose of or in connection with the discharge of its functions.U.K.
(2)That includes, in particular—
(a)entering into contracts,
(b)charging for goods or services,
(c)investing sums not immediately required in relation to the discharge of its functions, and
(d)accepting gifts.
(3)The corporation may sell goods or provide services, and may make arrangements for the sale of goods or provision of services, to the public.
(4)The corporation may borrow sums in sterling by way of overdraft or otherwise for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet that expenditure.
(5)The corporation may borrow money only under sub-paragraph (4) and may borrow under that sub-paragraph only in accordance with the special or general approval of the Parliament.
5U.K.The corporation may delegate any of its functions to the Presiding Officer or the Clerk.
6(1)The validity of any act of the corporation shall not be affected by any vacancy among the members, or by any defect in the appointment, or qualification for membership, of any member.U.K.
(2)The corporation may determine its own procedure.
(3)The Presiding Officer shall preside at meetings of the corporation, but the corporation may appoint another of its members to preside if the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act.
7(1)Her Majesty may by Order in Council provide for the corporation to be treated to any extent as a Crown body for the purposes of any enactment.U.K.
(2)In particular, the Order may for the purposes of any enactment provide—
(a)for employment under the corporation to be treated as employment under the corporation as a Crown body,
(b)for land held, used or managed by the corporation, or operations carried out by or on behalf of the corporation, to be treated (as the case may be) as land held, used or managed, or operations carried out by or on behalf of, the corporation as a Crown body.
(3)For the purposes of this paragraph, “Crown body” means a body which is the servant or agent of the Crown, and includes a government department.
Commencement Information
I2Sch. 2 para. 7 in force for certain purposes at 25.1.1999 and at 6.5.1999 for all remaining purposes by S.I. 1998/3178, art. 2(2)
Section 22.
1(1)The standing orders shall include provision for preserving order in the proceedings of the Parliament, including provision for—U.K.
(a)preventing conduct which would constitute a criminal offence or contempt of court, and
(b)a sub judice rule.
(2)Such provision may provide for excluding a member of the Parliament from proceedings.
2U.K.The standing orders may include provision for withdrawing from a member of the Parliament his rights and privileges as a member.
3(1)The standing orders shall include provision requiring the proceedings of the Parliament to be held in public, except in such circumstances as the standing orders may provide.U.K.
(2)The standing orders may include provision as to the conditions to be complied with by any member of the public attending the proceedings, including provision for excluding from the proceedings any member of the public who does not comply with those conditions.
4U.K.The standing orders shall include provision for reporting the proceedings of the Parliament and for publishing the reports.
[F165(1)The standing orders shall include provision for ensuring that the available officers do not all represent the same political party.U.K.
(2)The available officers are—
(a)the Presiding Officer and the deputies appointed under section 19(1), except in the case where one or more of them is unable to act and there is at least one additional deputy;
(b)in that case, such of the Presiding Officer and deputies as are for the time being able to act.]
Textual Amendments
F16Sch. 3 para. 5 substituted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 4(6), 44(5); S.I. 2012/1710, art. 2(a)
6(1)Standing orders which provide for the appointment of committees may include provision for those committees to have power to appoint sub-committees.U.K.
(2)The standing orders shall include provision for ensuring that, in appointing members to committees and sub-committees, regard is had to the balance of political parties in the Parliament.
(3)The standing orders may include provision for excluding from the proceedings of a committee or sub-committee a member of the Parliament who is not a member of the committee or sub-committee.
7U.K.The standing orders shall include provision for ensuring that a Bill containing provisions which would, if the Bill were a Bill for an Act of Parliament, require the consent of Her Majesty, the Prince and Steward of Scotland or the Duke of Cornwall shall not pass unless such consent has been signified to the Parliament.
Sections 29 and 53(4).
Modifications etc. (not altering text)
C1Sch. 4 excluded by 1974 c. 53, Sch. 3 para. 9(1) (as inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 19, 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 15)
1(1)An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, any of the following provisions.U.K.
(2)The provisions are—
(a)Articles 4 and 6 of the M1Union with Scotland Act 1706 and of the M2Union with England Act 1707 so far as they relate to freedom of trade,
(b)the M3Private Legislation Procedure (Scotland) Act 1936,
(c)the following provisions of the M4European Communities Act 1972—
Section 1 and Schedule 1,
Section 2, other than subsection (2), the words following “such Community obligation” in subsection (3) and the words “subject to Schedule 2 to this Act” in subsection (4),
Section 3(1) and (2),
Section 11(2),
(d)paragraphs 5(3)(b) and 15(4)(b) of Schedule 32 to the M5Local Government, Planning and Land Act 1980 (designation of enterprise zones),
(e)sections 140A to 140G of the M6Social Security Administration Act 1992 (rent rebate and rent allowance subsidy and council tax benefit),
(f)the M7Human Rights Act 1998.
Marginal Citations
2(1)An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, the law on reserved matters.U.K.
(2)In this paragraph, “the law on reserved matters” means—
(a)any enactment the subject-matter of which is a reserved matter and which is comprised in an Act of Parliament or subordinate legislation under an Act of Parliament, and
(b)any rule of law which is not contained in an enactment and the subject-matter of which is a reserved matter,
and in this sub-paragraph “Act of Parliament” does not include this Act.
(3)Sub-paragraph (1) applies in relation to a rule of Scots private law or Scots criminal law (whether or not contained in an enactment) only to the extent that the rule in question is special to a reserved matter or the subject-matter of the rule is—
(a)interest on sums due in respect of taxes or excise duties and refunds of such taxes or duties, or
(b)the obligations, in relation to occupational or personal pension schemes, of the trustees or managers [F17or]
[F17(c)the obligations under an order made by virtue of section 12A(2) or (3) of the Family Law (Scotland) Act 1985 M8(orders relating to pensions lump sums) of the person responsible for a pension arrangement other than an occupational or personal pension scheme; or
F17(d)the obligations under Chapter I of Part IV of the Welfare Reform and Pensions Act 1999 M9(sharing of rights under pension arrangements) of the person responsible for such a pension arrangement; or
F17(e)the effect of Chapter II of Part IV of that Act of 1999 (sharing of rights in state pension schemes) as read with Part II of the Social Security Contributions and Benefits Act 1992 M10(contributory benefits).]
[F18(4)In sub paragraph (3)(c) “pension arrangement” and “person responsible for a pension arrangement” have the same meaning as in section 27(1) of the Family Law (Scotland) Act 1985.]
Textual Amendments
F17Sch. 4 Pt. I para. 2(3)(c)-(e) and the word preceding it inserted (13.7.2000) by S.I. 2000/1831, art. 2(a)
F18Sch. 4 Pt. I para. 2(4) substituted (13.7.2000) by S.I. 2000/1831, art. 2(b)
Marginal Citations
M81985 c.37. Section 12A was inserted by the Pensions Act 1995 (c.26), section 167.
3(1)Paragraph 2 does not apply to modifications which—U.K.
(a)are incidental to, or consequential on, provision made (whether by virtue of the Act in question or another enactment) which does not relate to reserved matters, and
(b)do not have a greater effect on reserved matters than is necessary to give effect to the purpose of the provision.
(2)In determining for the purposes of sub-paragraph (1)(b) what is necessary to give effect to the purpose of a provision, any power to make laws other than the power of the Parliament is to be disregarded.
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 [F19, 93 and 97] and paragraphs 4(1) to (3) and 6(1) of Schedule 2.
[F20(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. ]
[F21(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, F22. . .
[F23(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
F19Words 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
F20Sch. 4 Pt. I para. 4(2A)(2B) inserted (20.3.2015) by 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), arts. 2, 3
F21Sch. 4 Pt. I para. 4(2C) inserted (9.10.2015) by The Scotland Act 1998 (Modification of Schedules 4 and 5) Order 2015 (S.I. 2015/1764), arts. 1(2), 2
F22Words in Sch. 4 Pt. I para. 4(3)(b)(c) left out (13.7.2000) by virtue of S.I. 2000/1831, art. 3
F23Sch. 4 Pt. I para. 4(c) and word “(d)” inserted (13.7.2000) by S.I. 2000/1831, art. 3
F244AS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F24Sch. 4 para. 4A omitted (3.7.2012) by virtue of Scotland Act 2012 (c. 11), ss. 14(3), 44(5) (with s. 14(5)); S.I. 2012/1710, art. 2(g)
5U.K.An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify—
(a)the effect of section 119(3) in relation to any provision of an Act of Parliament relating to judicial salaries,
(b)so much of any enactment as—
(i)is amended by paragraph 2, 7 or 32 of Schedule 8, and
(ii)relates to the Advocate General,
(c)so much of any enactment as is amended by paragraph 9(b) or 29 of Schedule 8.
6U.K.An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, any enactment so far as the enactment relates to powers exercisable by a Minister of the Crown by virtue of section 56.
7(1)Part I of this Schedule does not prevent an Act of the Scottish Parliament—U.K.
(a)restating the law (or restating it with such modifications as are not prevented by that Part), or
(b)repealing any spent enactment,
or conferring power by subordinate legislation to do so.
(2)For the purposes of paragraph 2, the law on reserved matters includes any restatement in an Act of the Scottish Parliament, or subordinate legislation under such an Act, of the law on reserved matters if the subject-matter of the restatement is a reserved matter.
8U.K.Part I of this Schedule does not prevent the operation of any provision of the M11Interpretation Act 1978.
Marginal Citations
9(1)Part I of this Schedule does not prevent an Act of the Scottish Parliament amending, or conferring power by subordinate legislation to amend, any enactment by changing—U.K.
(a)any of the titles referred to in sub-paragraph (2), or
(b)any reference to a declarator,
in consequence of any provision made by or under an Act of the Scottish Parliament.
(2)The titles are those of—
(a)any court or tribunal or any judge, chairman or officer of a court or tribunal,
(b)any holder of an office in the Scottish Administration which is not a ministerial office or any member of the staff of the Scottish Administration,
(c)any register.
10U.K.Part I of this Schedule does not prevent an Act of the Scottish Parliament modifying, or conferring power by subordinate legislation to modify, any enactment for or in connection with the purposes of section 70 or 91.
11(1)Part I of this Schedule does not prevent an Act of the Scottish Parliament modifying, or conferring power by subordinate legislation to modify, any enactment for or in connection with any of the following purposes.U.K.
(2)Those purposes are—
(a)making different provision in respect of the document by which a power to make subordinate legislation within sub-paragraph (3) is to be exercised,
(b)making different provision (or no provision) for the procedure, in relation to the Parliament, to which legislation made in the exercise of such a power (or the instrument or other document in which it is contained) is to be subject,
(c)applying any enactment comprised in or made under an Act of the Scottish Parliament relating to the documents by which such powers may be exercised.
(3)The power to make the subordinate legislation, or a power to confirm or approve the legislation, must be exercisable by—
(a)a member of the Scottish Executive,
(b)any Scottish public authority with mixed functions or no reserved functions,
(c)any other person (not being a Minister of the Crown) within devolved competence.
[F25(4)For the purposes of sub-paragraph (3)(c), the function of Her Majesty of making an Order in Council under section 15(1) or (2) (power to specify persons disqualified from membership of the Parliament) is to be regarded as being exercisable within devolved competence.]
Textual Amendments
F25Sch. 4 para. 11(4) inserted (31.10.2012) by Scotland Act 2012 (c. 11), ss. 13(5), 44(5); S.I. 2012/2516, art. 2(b)
Modifications etc. (not altering text)
C2Sch. 4 para. 11(3)(c) modified (23.3.2016) by Scotland Act 2016 (c. 11), ss. 36(12)(c), 72(1)(b)
12(1)This paragraph applies to a function which (apart from this Schedule) would be transferred to the Scottish Ministers by virtue of section 53(2)(c).U.K.
(2)If, because of anything in Part I of this Schedule, a provision of an Act of the Scottish Parliament modifying an enactment so as to provide for the function to be exercisable by a different person would be outside the legislative competence of the Parliament, the function is not so transferred.
13(1)Paragraph 12 does not apply to any function conferred by any provision of—U.K.
(a)the M12European Communities Act 1972,
(b)the M13Human Rights Act 1998, except sections 1, 5, 14 to 17 and 22 of that Act,
(c)the law on reserved matters (for the purposes of paragraph 2) so far as contained in an enactment.
(2)For the purpose of determining—
(a)whether any function under any of the provisions referred to in sub-paragraph (1) is transferred to the Scottish Ministers by virtue of section 53, and
(b)the extent to which any such function (other than a function of making, confirming or approving subordinate legislation) is exercisable by them,
the references in section 54 to the legislative competence of the Parliament are to be read as if section 29(2)(c) were omitted.
(3)Part I of this Schedule does not prevent an Act of the Scottish Parliament modifying, or conferring power by subordinate legislation to modify, any of the provisions mentioned in sub-paragraph (1) so as to provide for a function transferred to the Scottish Ministers by virtue of section 53 to be exercisable by a different person.
14U.K.If any pre-commencement enactment or prerogative instrument is modified by subordinate legislation under section 105 [F26or under section 71 of the Scotland Act 2016], a function under that enactment or instrument (whether as it has effect before or after the modification) is not transferred by virtue of section 53 if the subordinate legislation provides that it is not to be so transferred.
Textual Amendments
F26Words in Sch. 4 para. 14 inserted (23.3.2016) by Scotland Act 2016 (c. 11), ss. 71(10), 72(1)(c)
Section 30.
1U.K.The following aspects of the constitution are reserved matters, that is—
(a)the Crown, including succession to the Crown and a regency,
(b)the Union of the Kingdoms of Scotland and England,
(c)the Parliament of the United Kingdom,
(d)the continued existence of the High Court of Justiciary as a criminal court of first instance and of appeal,
(e)the continued existence of the Court of Session as a civil court of first instance and of appeal.
2(1)Paragraph 1 does not reserve—U.K.
(a)Her Majesty’s prerogative and other executive functions,
(b)functions exercisable by any person acting on behalf of the Crown, or
(c)any office in the Scottish Administration.
(2)Sub-paragraph (1) does not affect the reservation by paragraph 1 of honours and dignities or the functions of the Lord Lyon King of Arms so far as relating to the granting of arms; but this sub-paragraph does not apply to the Lord Lyon King of Arms in his judicial capacity.
(3)Sub-paragraph (1) does not affect the reservation by paragraph 1 of the management (in accordance with any enactment regulating the use of land) of the Crown Estate [F27(that is, the property, rights and interests under the management of the Crown Estate Commissioners)].
[F28(3A)Sub-paragraph (1) does not affect the reservation by paragraph 1 of the requirements of section 90B(5) to (8).]
(4)Sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions of the Security Service, the Secret Intelligence Service and the Government Communications Headquarters.
[F29(5)Sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions exercisable through the Export Credits Guarantee Department.]
Textual Amendments
F27Words in Sch. 5 Pt 1 para. 2(3) inserted (with effect in accordance with s. 72(2) of the amending Act) by Scotland Act 2016 (c. 11), ss. 36(3), 72(2)
F28Sch. 5 Pt 1 para. 2(3A) inserted (with effect in accordance with s. 72(2) of the amending Act) by Scotland Act 2016 (c. 11), ss. 36(4), 72(2)
F29Sch. 5 Pt. I para. 2(5) inserted (1.7.1999) by S.I. 1999/1749, arts. 1, 3; S.I. 1998/3178, art. 3
3(1)Paragraph 1 does not reserve property belonging to Her Majesty in right of the Crown or belonging to any person acting on behalf of the Crown or held in trust for Her Majesty for the purposes of any person acting on behalf of the Crown.U.K.
(2)Paragraph 1 does not reserve the ultimate superiority of the Crown or the superiority of the Prince and Steward of Scotland.
(3)Sub-paragraph (1) does not affect the reservation by paragraph 1 of—
(a)the hereditary revenues of the Crown, other than revenues from bona vacantia, ultimus haeres and treasure trove,
(b)the royal arms and standard,
(c)the compulsory acquisition of property held or used by a Minister of the Crown or government department.
4(1)Paragraph 1 does not reserve property held by Her Majesty in Her private capacity.U.K.
(2)Sub-paragraph (1) does not affect the reservation by paragraph 1 of the subject-matter of the Crown Private Estates Acts 1800 to 1873.
5U.K.Paragraph 1 does not reserve the use of the Scottish Seal.
[F305A.(1)Paragraph 1 does not reserve a referendum on the independence of Scotland from the rest of the United Kingdom if the following requirements are met.U.K.
(2)The date of the poll at the referendum must not be the date of the poll at any other referendum held under provision made by the Parliament.
(3)The date of the poll at the referendum must be no later than 31st December 2014.
(4)There must be only one ballot paper at the referendum, and the ballot paper must give the voter a choice between only two responses.]
Textual Amendments
F30Sch. 5 Pt. 1 para. 5A inserted (13.2.2013) by The Scotland Act 1998 (Modification of Schedule 5) Order 2013 (S.I. 2013/242), arts. 2, 3
6U.K.The registration and funding of political parties is a reserved matter [F31but this paragraph does not reserve making payments to any political party for the purpose of assisting members of the Parliament who are connected with the party to perform their Parliamentary duties].
Textual Amendments
F31Words in Sch. 5 Pt. I para. 6 inserted (1.7.1999) by S.I. 1999/1749, arts. 1, 2(2); S.I. 1998/3178, art. 3
7(1)International relations, including relations with territories outside the United Kingdom, the [F32European Union](and their institutions) and other international organisations, regulation of international trade, and international development assistance and co-operation are reserved matters.U.K.
(2)Sub-paragraph (1) does not reserve—
(a)observing and implementing international obligations, obligations under the Human Rights Convention and obligations under [F33EU] law,
(b)assisting Ministers of the Crown in relation to any matter to which that sub-paragraph applies.
Textual Amendments
F32Words in Sch. 5 Pt. 1 para. 7(1) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 4
F33Words in Sch. 5 Pt. 1 para. 7(2)(a) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 6
8(1)The Civil Service of the State is a reserved matter.U.K.
(2)Sub-paragraph (1) does not reserve the subject-matter of—
(a)Part I of the Sheriff Courts and Legal Officers (Scotland) Act 1927 (appointment of sheriff clerks and procurators fiscal etc.),
(b)Part III of the Administration of Justice (Scotland) Act 1933 (officers of the High Court of Justiciary and of the Court of Session).
9(1)The following are reserved matters—U.K.
(a)the defence of the realm,
(b)the naval, military or air forces of the Crown, including reserve forces,
(c)visiting forces,
(d)international headquarters and defence organisations,
(e)trading with the enemy and enemy property.
(2)Sub-paragraph (1) does not reserve—
(a)the exercise of civil defence functions by any person otherwise than as a member of any force or organisation referred to in sub-paragraph (1)(b) to (d) or any other force or organisation reserved by virtue of sub-paragraph (1)(a),
(b)the conferral of enforcement powers in relation to sea fishing.
10U.K.Treason (including constructive treason), treason felony and misprision of treason are reserved matters.
1U.K.The matters to which any of the Sections in this Part apply are reserved matters for the purposes of this Act.
2U.K.A Section applies to any matter described or referred to in it when read with any illustrations, exceptions or interpretation provisions in that Section.
3U.K.Any illustrations, exceptions or interpretation provisions in a Section relate only to that Section (so that an entry under the heading “exceptions” does not affect any other Section).
Section A1.
Fiscal, economic and monetary policy, including the issue and circulation of money, taxes and excise duties, government borrowing and lending, control over United Kingdom public expenditure, the exchange rate and the Bank of England.
[F34Exceptions
Devolved taxes, including their collection and management.]
Local taxes to fund local authority expenditure (for example, council tax and non-domestic rates).
Textual Amendments
F34Words in Sch. 5 Pt. II substituted (1.7.2012) by Scotland Act 2012 (c. 11), ss. 23(5), 44(2)(b)
Section A2.
Coinage, legal tender and bank notes.
Section A3.
Financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance.
Exception
The subject-matter of section 1 of the Banking and Financial Dealings Act 1971 (bank holidays).
Section A4.
Financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing.
Section A5.
The subject-matter of the Money Laundering Regulations 1993, but in relation to any type of business.
Section B1.
The subject-matter of—
the Misuse of Drugs Act 1971,
sections 12 to 14 of the Criminal Justice (International Co-operation) Act 1990 (substances useful for manufacture of controlled drugs), and
Part V of the Criminal Law (Consolidation) (Scotland) Act 1995 (drug trafficking) and, so far as relating to drug trafficking, the Proceeds of Crime (Scotland) Act 1995.
Section B2.
The subject-matter of—
the Data Protection Act 1998, and
Council Directive 95/46/EC (protection of individuals with regard to the processing of personal data and on the free movement of such data).
Interpretation
If any provision of the Data Protection Act 1998 is not in force on the principal appointed day, it is to be treated for the purposes of this reservation as if it were.
Section B3.
Elections for membership of the House of Commons, the European Parliament and the Parliament, including the subject-matter of—
[F35the European Parliamentary Elections Act 2002.]
the Representation of the People Act 1983 and the Representation of the People Act 1985, and
the Parliamentary Constituencies Act 1986,
so far as those enactments apply, or may be applied, in respect of such membership.
The franchise at local government elections.
[F36Exceptions
[F37Exception 1]
The reduction of the minimum voting age to 16 at elections to the Parliament and local government elections.
[F38Exception 2]
The registration of electors, in order to give effect to provision reducing the minimum voting age at those elections to 16, including—
disregarding alterations in a register of electors,
the content of a register and the effect of registration, and
supplying or otherwise dealing with a register,
but not including the use of the digital service for applications for registration or for verifying information contained in applications for registration.]
[F39Exception 3
The day of the poll at the first ordinary general election for membership of the Parliament after 2016.
That day must not be the same as the day of the poll at—
a parliamentary general election, other than an early parliamentary general election,
a European parliamentary general election, or
an ordinary local election.
If under section 3(3) the ordinary general election that would have been the first after 2016 is not held, this exception does not apply to any later election.]
[F40Interpretation
Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of the European Parliamentary Elections Act 2002; and the reference to the subject-matter of that Act is to be construed as a reference to it as at the date that Act received Royal Assent.]
[F41 “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. ]
[F42“Ordinary local election” has the meaning given by section 43(1C) of the Representation of the People Act 1983.]
Textual Amendments
F35Sch. 5 Pt. II Section B3: para. (a) substituted (24.10.2002) by European Parliamentary Elections Act 2002 (c. 24), s. 15 {Sch. 3 para. 7(3)}
F36Words in Sch. 5 Pt. II Section B3 inserted (20.3.2015) by 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), arts. 2, 4(2)
F37Words in Sch. 5 Pt. II Section B3 inserted (9.10.2015) by The Scotland Act 1998 (Modification of Schedules 4 and 5) Order 2015 (S.I. 2015/1764), arts. 1(2), 3(2)(a)
F38Words in Sch. 5 Pt. II Section B3 inserted (9.10.2015) by The Scotland Act 1998 (Modification of Schedules 4 and 5) Order 2015 (S.I. 2015/1764), arts. 1(2), 3(2)(b)
F39Words in Sch. 5 Pt. II Section B3 inserted (9.10.2015) by The Scotland Act 1998 (Modification of Schedules 4 and 5) Order 2015 (S.I. 2015/1764), arts. 1(2), 3(2)(c)
F40Sch. 5 Pt. II Section B3: words added (17.12.2004) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2004 (S.I. 2004/3329), arts. 1(1), 2
F41Words in Sch. 5 Pt. II Section B3 inserted (20.3.2015) by 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), arts. 2, 4(3)
F42Words in Sch. 5 Pt. II Section B3 inserted (9.10.2015) by The Scotland Act 1998 (Modification of Schedules 4 and 5) Order 2015 (S.I. 2015/1764), arts. 1(2), 3(3)
Section B4.
The subject-matter of the Firearms Acts 1968 to 1997.
[F43Exception
The regulation of air weapons within the meaning given by section 1(3)(b) of the Firearms Act 1968 (which is subject to the following which remain powers of the Secretary of State—
the power to make rules under section 53 of that Act for the purposes of that provision (specially dangerous weapons requiring firearms certificate), and
the power to make an order under section 1(4) of the Firearms (Amendment) Act 1988 (specially dangerous weapons to be prohibited)).]
Textual Amendments
F43Words in Sch. 5 Pt. II inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 10, 44(5); S.I. 2012/1710, art. 2(e)
Section B5.
The subject-matter of—
the Video Recordings Act 1984, and
sections 1 to 3 and 5 to 16 of the Cinemas Act 1985 (control of exhibitions).
The classification of films for public exhibition by reference to their suitability for viewing by persons generally or above a particular age, with or without any advice as to the desirability of parental guidance.
Section B6.
Nationality; immigration, including asylum and the status and capacity of persons in the United Kingdom who are not British citizens; free movement of persons within the European Economic Area; issue of travel documents.
Section B7.
The subject-matter of the Animals (Scientific Procedures) Act 1986.
Section B8.
National security.
The interception of communications; but not
[F44the interception of any communication made to or by a person detained at a place of detention, if the communication-
is a written communication and is intercepted there, or
is intercepted in the course of its transmission by means of a private telecommunication system running there,]
the subject matter of Part III of the Police Act 1997 (authorisation to interfere with property etc.) or surveillance not involving interference with property.
The subject-matter of—
the Official Secrets Acts 1911 and 1920, and
the Official Secrets Act 1989, except so far as relating to any information, document or other article protected against disclosure by section 4(2) (crime) and not by any other provision of sections 1 to 4.
Special powers, and other special provisions, for dealing with terrorism.
[F45 Interpretation
“Place of detention” means a prison, young offenders institution, remand centre or legalised police cell (as those expressions are defined for the purposes of the Prisons (Scotland) Act 1989 or a hospital (within the meaning of the [F46 given in section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003]; and “person detained”, in relation to a hospital, means a person detained there[F47 under–
section 24, 25 or 70 of the Mental Health (Scotland) Act 1984;
Part 6 of the Criminal Procedure (Scotland) Act 1995;
the Mental Health (Care and Treatment) (Scotland) Act 2003; or
regulations under–
subsection (3) of section 116B of the Army Act 1955;
subsection (3) of section 116B of the Air Force Act 1955; or
section 63B of the Naval Discipline Act 1957.]
[F48 “ Private telecommunication system ” has the meaning given in section 2(1) of the Regulation of Investigatory Powers Act 2000. ]]
Textual Amendments
F44Sch. 5 Pt. II Section B8: words inserted (1.7.1999) by S.I. 1999/1749, arts. 1, 4(1); S.I. 1998/3178, art. 3
F45Sch. 5 Pt. II Section B8: words inserted (1.7.1999) by The Scotland Act 1998 (Modifications of Schedules 4 and 5) Order 1999 (S.I. 1999/1749), arts. 1, 4(1); S.I. 1998/3178, art. 3
F46Sch. 5 Pt. II Section B8: words in definition of "Place of detention" substituted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 (S.I. 2005/866), art. 2(2)
F47Sch. 5 Pt. II Section B8: words in definition of "person detained" substituted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 (S.I. 2005/866), art. 2(3)
F48Sch. 5 Pt.II Section B8: definition of "Private telecommunication system" substituted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 (S.I. 2005/866), art. 2(4)
Section B9.
Betting, gaming and lotteries.
Section B10.
Emergency powers.
Section B11.
Extradition.
Section B12.
The subject-matter of the Lieutenancies Act 1997.
Public access to information held by public bodies or holders of public offices (including government departments and persons acting on behalf of the Crown).
Exception
Information held by–
the Parliament,
any part of the Scottish Administration,
the Parliamentary corporation,
any Scottish public authority with mixed functions or no reserved functions,
unless supplied by a Minister of the Crown or government department and held in confidence.]
Textual Amendments
F49Sch. 5 Pt. II Section B13 inserted (1.7.1999) by S.I. 1999/1749, arts. 1, 5; S.I. 1998/3178, art. 3
Section C1.
The creation, operation, regulation and dissolution of types of business association.
Exceptions
The creation, operation, regulation and dissolution of—
particular public bodies, or public bodies of a particular type, established by or under any enactment, and
charities.
Interpretation
“Business association” means any person (other than an individual) established for the purpose of carrying on any kind of business, whether or not for profit; and “business” includes the provision of benefits to the members of an association.
Section C2.
In relation to business associations—
the modes of, the grounds for and the general legal effect of winding up, and the persons who may initiate winding up,
liability to contribute to assets on winding up,
powers of courts in relation to proceedings for winding up, other than the power to sist proceedings,
arrangements with creditors, and
procedures giving protection from creditors.
Preferred or preferential debts for the purposes of the Bankruptcy (Scotland) Act 1985, the Insolvency Act 1986, and any other enactment relating to the sequestration of the estate of any person or to the winding up of business associations, the preference of such debts against other such debts and the extent of their preference over other types of debt.
Regulation of insolvency practitioners.
Co-operation of insolvency courts.
Exceptions
In relation to business associations—
the process of winding up, including the person having responsibility for the conduct of a winding up or any part of it, and his conduct of it or of that part,
the effect of winding up on diligence, and
avoidance and adjustment of prior transactions on winding up.
[F50In relation to business associations which are social landlords, the following additional exceptions–
the general legal effect of winding up,
procedures for the initiation of winding up,
powers of courts in relation to proceedings for winding up, and
procedures giving protection from creditors,
but only in so far as they relate to a moratorium on the disposal of property held by a social landlord and the management and disposal of such property.]
Floating charges and receivers, except in relation to preferential debts, regulation of insolvency practitioners and co-operation of insolvency courts.
Interpretation
“Business association” has the meaning given in Section C1 of this Part of this Schedule, but does not include any person whose estate may be sequestrated under the Bankruptcy (Scotland) Act 1985 or any public body established by or under an enactment.
[F51“Social landlord” means a body which is–
[F52a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014] which has its registered office for the purposes of that Act in Scotland and satisfies the relevant conditions, or
a company registered under the Companies Act 1985 which has its registered office for the purposes of that Act in Scotland and satisfies the relevant conditions.
“The relevant conditions” are that the body does not trade for profit and is established for the purpose of, or has among its objects and powers, the provision, construction, improvement or management of–
houses to be kept available for letting,
houses for occupation by members of the body, where the rules of the body restrict membership to persons entitled or prospectively entitled (as tenants or otherwise) to occupy a house provided or managed by the body, or
hostels,
“house” and “hostel” having the meanings given in section 338(1) of the Housing (Scotland) Act 1987.]
“Winding up”, in relation to business associations, includes winding up of solvent, as well as insolvent, business associations.
Textual Amendments
F50 Words in Sch. 5 Pt. 2 Section C2 inserted (12.4.2001) by S.I. 2001/1456 , art. 2(1)
F51 Definitions of "Social landlord", "The relevant conditions", "house" and "hostel" in Sch. 5 Pt. II Section C2 inserted (12.4.2001) by S.I. 2001/1456 , art. 2(2)
F52 Words in Sch. 5 Pt. 2 substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14) , s. 154 , Sch. 4 para. 66 (with Sch. 5 )
Section C3.
Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.
Exception
Regulation of particular practices in the legal profession for the purpose of regulating that profession or the provision of legal services.
Interpretation
“The legal profession” means advocates, solicitors and qualified conveyancers and executry practitioners within the meaning of Part II of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
Section C4.
Intellectual property.
Exception
The subject-matter of Parts I and II of the Plant Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal).
Section C5.
The subject-matter of the Import, Export and Customs Powers (Defence) Act 1939.
Prohibition and regulation of the import and export of endangered species of animals and plants.
Exceptions
Prohibition and regulation of movement into and out of Scotland of—
food, animals, animal products, plants and plant products for the purposes of protecting human, animal or plant health, animal welfare or the environment or observing or implementing obligations under the Common Agricultural Policy, and
animal feeding stuffs, fertilisers and pesticides [F53(including anything treated as if it were a pesticide by virtue of section 16(16) of the Food and Environment Protection Act 1985)]for the purposes of protecting human, animal or plant health or the environment.
[F54Interpretation
“Food” has the same meaning as it has in Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (as at 7th December 2004). ]
Textual Amendments
F53 Words in Sch. 5 Pt. 2 Section C5 inserted (14.12.2000) by S.I. 2000/3252 , art. 4
F54 Words in Sch. 5 Pt. 2 s. C5 inserted (13.6.2014) by The Scotland Act 1998 (Modification of Schedule 5) Order 2014 (S.I. 2014/1559) , arts. 1(2) , 2(2)
Section C6.
Regulation of sea fishing outside the Scottish zone (except in relation to Scottish fishing boats).
Interpretation
“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging.
Section C7.
Regulation of—
the sale and supply of goods and services to consumers,
guarantees in relation to such goods and services,
hire-purchase, including the subject-matter of Part III of the Hire-Purchase Act 1964,
trade descriptions, except in relation to food,
misleading and comparative advertising, except regulation specifically in relation to food, tobacco and tobacco products,
price indications,
trading stamps,
auctions and mock auctions of goods and services, and
hallmarking and gun barrel proofing.
Safety of, and liability for, services supplied to consumers.
The subject-matter of—
the Hearing Aid Council Act 1968,
the Unsolicited Goods and Services Acts 1971 and 1975,
Parts I to III and XI of the Fair Trading Act 1973,
the Consumer Credit Act 1974,
the Estate Agents Act 1979,
the Timeshare Act 1992,
the Package Travel, Package Holidays and Package Tours Regulations 1992, and
the Commercial Agents (Council Directive) Regulations 1993.
Exception
The subject-matter of section 16 of the Food Safety Act 1990 (food safety and consumer protection).
Interpretation
[F55 “Food” has the same meaning as it has in Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (as at 7th December 2004).
The reference to the subject-matter of section 16 of the Food Safety Act 1990 is to be construed as a reference to it as at 7th December 2004 (and, accordingly, paragraph 5(1) of Part 3 of this Schedule does not apply to that reference).]
Textual Amendments
F55 Words in Sch. 5 Pt. 2 s. C7 inserted (13.6.2014) by The Scotland Act 1998 (Modification of Schedule 5) Order 2014 (S.I. 2014/1559) , arts. 1(2) , 3(2)
Section C8.
Technical standards and requirements in relation to products in pursuance of an obligation under [F56EU] law.
[F57The national accreditation body and the accreditation of bodies which certify or assess conformity to technical standards in relation to products or environmental management systems.]
Product safety and liability.
Product labelling.
Exceptions
Food, agricultural and horticultural produce, fish and fish products, seeds, animal feeding stuffs, fertilisers and pesticides [F58(including anything treated as if it were a pesticide by virtue of section 16(16) of the Food and Environment Protection Act 1985)].
In relation to food safety, materials which come into contact with food.
[F59Interpretation
“Food” has the same meaning as it has in Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (as at 7th December 2004). ]
Textual Amendments
F56 Words in Sch. 5 Pt. 2 Section C8 substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043) , arts. 3 , 6
F57 Words in Sch. 5 Pt. 2 s. C8 inserted (14.12.2000) by S.I. 2000/3252 , art. 5
F58 Words in Sch. 5 Pt. 2 Section C8 inserted (14.12.2000) by S.I. 2000/3252 , art. 4
F59 Words in Sch. 5 Pt. 2 s. C8 inserted (13.6.2014) by The Scotland Act 1998 (Modification of Schedule 5) Order 2014 (S.I. 2014/1559) , arts. 1(2) , 4(2)
Section C9.
Units and standards of weight and measurement.
Regulation of trade so far as involving weighing, measuring and quantities.
Section C10.
Telecommunications and wireless telegraphy.
Internet services.
Electronic encryption.
The subject-matter of Part II of the Wireless Telegraphy Act 1949 (electromagnetic disturbance).
Exception
The subject-matter of Part III of the Police Act 1997 (authorisation to interfere with property etc.).
The subject matter of the Postal Services Act 2000. Exception
Financial assistance for the provision of services (other than postal services and services relating to money or postal orders) to be provided from public post offices. Interpretation
Paragraph 5(1) of Part III of this Schedule does not apply to this Section.
The reference to the subject matter of the Postal Services Act 2000 is to be read as a reference to the subject matter of that Act as at the date when it received Royal Assent.
“postal services” and “public post offices” have the same meaning as in the Postal Services Act 2000.]
Textual Amendments
F60 Sch. 5 Pt. 2 Section C11 substituted (14.12.2000) by S.I. 2000/3252 , art. 2(1)
Section C12.
Research Councils within the meaning of the Science and Technology Act 1965.
The subject-matter of section 5 of that Act (funding of scientific research) so far as relating to Research Councils.
[F61The Arts and Humanities Research Council within the meaning of Part 1 of the Higher Education Act 2004.
The subject-matter of section 10 of that Act (research in arts and humanities) so far as relating to that Council.
Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of section 10 of the Higher Education Act 2004; and the reference to the subject-matter of that section is to be construed as a reference to it as at the date that Act received Royal Assent.]
Textual Amendments
F61 Sch. 5 Pt. 2 Section C12: words added (17.12.2004) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2004 (S.I. 2004/3329) , arts. 1(1) , 3
Section C13.
The subject-matter of section 1 of the Industrial Development Act 1982.
Section C14.
The Industrial Development Advisory Board.
Section C15.
The subject-matter of—
section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964 (Treasury power in relation to action damaging to economic position of United Kingdom),
Part II of the Industry Act 1975 (powers in relation to transfer of control of important manufacturing undertakings), and
the Protection of Trading Interests Act 1980.
Section D1.
Generation, transmission, distribution and supply of electricity.
The subject-matter of Part II of the Electricity Act 1989.
Exception
The subject-matter of Part I of the Environmental Protection Act 1990.
Section
Oil and gas, including—
the ownership of, exploration for and exploitation of deposits of oil and natural gas,
the subject-matter of section 1 of the Mineral Exploration and Investment Grants Act 1972 (contributions in connection with mineral exploration) so far as relating to exploration for oil and gas,
offshore installations and pipelines,
the subject-matter of the Pipe-lines Act 1962 (including section 5 (deemed planning permission)) so far as relating to pipelines within the meaning of section 65 of that Act,
the application of Scots law and the jurisdiction of the Scottish courts in relation to offshore activities,
pollution relating to oil and gas exploration and exploitation, but only outside controlled waters (within the meaning of section 30A(1) of the Control of Pollution Act 1974),
the subject-matter of Part II of the Food and Environment Protection Act 1985 so far as relating to oil and gas exploration and exploitation, but only in relation to activities outside such controlled waters,
restrictions on navigation, fishing and other activities in connection with offshore activities,
liquefaction of natural gas, and
the conveyance, shipping and supply of gas through pipes.
Exceptions
The subject-matter of—
sections 10 to 12 of the Industry Act 1972 (credits and grants for construction of ships and offshore installations),
the Offshore Petroleum Development (Scotland) Act 1975, other than sections 3 to 7, and
Part I of the Environmental Protection Act 1990.
The manufacture of gas.
The conveyance, shipping and supply of gas other than through pipes.
Section D3.
Coal, including its ownership and exploitation, deep and opencast coal mining and coal mining subsidence.
Exceptions
The subject-matter of—
Part I of the Environmental Protection Act 1990, and
sections 53 (environmental duties in connection with planning) and 54 (obligation to restore land affected by coal-mining operations) of the Coal Industry Act 1994.
Section D4.
Nuclear energy and nuclear installations, including—
nuclear safety, security and safeguards, and
liability for nuclear occurrences.
[F62The Office for Nuclear Regulation.]
Exceptions
The subject-matter of—
Part I of the Environmental Protection Act 1990, and
the Radioactive Substances Act 1993.
Textual Amendments
F62Words in Sch. 5 Pt. II s. D4 inserted (10.3.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 72; S.I. 2014/251, art. 3(f)(iii)
Section D5.
The subject-matter of the Energy Act 1976, other than section 9.
Exception
The encouragement of energy efficiency other than by prohibition or regulation.
Section E1.
The subject-matter of—
the Motor Vehicles (International Circulation) Act 1952,
the Public Passenger Vehicles Act 1981 and the Transport Act 1985, so far as relating to public service vehicle operator licensing,
section 17 (traffic regulation on special roads), section 25 (pedestrian crossings), Part V (traffic signs) and Part VI (speed limits) of the Road Traffic Regulation Act 1984,
the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988,
the Vehicle Excise and Registration Act 1994,
the Road Traffic (New Drivers) Act 1995, and
the Goods Vehicles (Licensing of Operators) Act 1995.
Regulation of proper hours or periods of work by persons engaged in the carriage of passengers or goods by road.
The conditions under which international road transport services for passengers or goods may be undertaken.
Regulation of the instruction of drivers of motor vehicles.
Exceptions
The subject-matter of sections 39 and 40 (road safety information and training) and 157 to 159 (payments for treatment of traffic casualties) of the Road Traffic Act 1988.
[F63The subject-matter of the Road Traffic Act 1988 so far as relating to the regulation of the description, by reference to their construction and equipment, of motor vehicles and trailers which may be used under arrangements for persons to travel to and from the places where they receive education or training, but not the setting of technical standards for the construction or equipment of such motor vehicles or trailers different from the standards that might otherwise apply to them.]
Textual Amendments
F63Words in Sch. 5 Pt. II Section E1 inserted (11.6.2015) by The Scotland Act 1998 (Modification of Schedule 5) Order 2015 (S.I. 2015/1379), arts. 1(2), 2
Section E2.
Provision and regulation of railway services.
Rail transport security.
The subject-matter of the Channel Tunnel Act 1987.
The subject-matter of the Railway Heritage Act 1996.
Exceptions
Grants so far as relating to railway services; but this exception does not apply in relation to—
the subject-matter of section 63 of the Railways Act 1993 (government financial assistance where railway administration orders made),
“ railway services ” as defined in section 82(1)(b) of the Railways Act 1993 (carriage of goods by railway), or
the subject-matter of section 136 of the Railways Act 1993 (grants and subsidies).
[F64Imposing requirements about the preparation and submission of strategies relating to the provision of rail services on Scottish public authorities with mixed functions relating to such services.]
[F65The transfer of functions of passenger transport executives or passenger transport authorities relating to the provision and regulation of rail services conferred by Part II of the Transport Act 1968 and sections 32 to 36 of the Railways Act 1993 to, and the allocation of such functions among, [F66relevant authorities].]
[F67The promotion and construction of railways which start, end and remain in Scotland.]
Interpretation
[F68“railway” has the meaning given by section 67(1) of the Transport and Works Act 1992.]
“ Railway services ” has the meaning given by section 82 of the Railways Act 1993 (excluding the wider meaning of “ railway ” given by section 81(2) of that Act).
[F69 “ relevant authority ” means–
the Scottish Ministers; or
any Scottish public authority (not being a cross-border public authority or an authority exercising functions solely in relation to a reserved matter) which is set up wholly or mainly to exercise functions relating to transport.]
Textual Amendments
F64 Sch. 5 Pt. II Section E2: paragraph inserted (14.12.2000) by S.I. 2000/3252 , art. 3(1)
F65 Sch. 5 Pt. II Section E2: paragraph inserted (14.12.2000) by S.I. 2000/3252 , art. 3(2)
F66 Sch. 5 Pt. II Section E2: words in third exception substituted (17.12.2004) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2004 (S.I. 2004/3329) , arts. 1(1) , 4(a)
F67 Sch. 5 Pt. II Section E2: paragraph inserted (27.6.2002) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2002 (S.I. 2002/1629) , art. 2(a)
F68 Sch. 5 Pt. II Section E2: definition of "railway" inserted (27.6.2002) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2002 (S.I. 2002/1629) , art. 2(b)
F69 Sch. 5 Pt. II Section E2: definition of "relevant authority" added (18.12.2004) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2004 (S.I. 2004/3329) , arts. 1(1) , 4(b)
Section E3.
The subject-matter of—
the Coastguard Act 1925,
the Hovercraft Act 1968, except so far as relating to the regulation of noise and vibration caused by hovercraft,
the Carriage of Goods by Sea Act 1971,
section 2 of the Protection of Wrecks Act 1973 (prohibition on approaching dangerous wrecks),
the Merchant Shipping (Liner Conferences) Act 1982,
the Dangerous Vessels Act 1985,
the Aviation and Maritime Security Act 1990, other than Part I (aviation security),
the Carriage of Goods by Sea Act 1992,
the Merchant Shipping Act 1995,
the Shipping and Trading Interests (Protection) Act 1995, and
sections 24 (implementation of international agreements relating to protection of wrecks), 26 (piracy) and 27 and 28 (international bodies concerned with maritime matters) of the Merchant Shipping and Maritime Security Act 1997.
Navigational rights and freedoms.
Financial assistance for shipping services which start or finish or both outside Scotland.
Exceptions
Ports, harbours, piers and boatslips, except in relation to the matters reserved by virtue of paragraph (d), (f), (g) or (i).
Regulation of works which may obstruct or endanger navigation.
The subject-matter of the Highlands and Islands Shipping Services Act 1960 in relation to financial assistance for bulk freight services.
Section E4.
Regulation of aviation and air transport, including the subject-matter of—
the Carriage by Air Act 1961,
the Carriage by Air (Supplementary Provisions) Act 1962,
the Carriage by Air and Road Act 1979 so far as relating to carriage by air,
the Civil Aviation Act 1982,
the Aviation Security Act 1982,
the Airports Act 1986, and
sections 1 (endangering safety at aerodromes) and 48 (powers in relation to certain aircraft) of the Aviation and Maritime Security Act 1990,
and arrangements to compensate or repatriate passengers in the event of an air transport operator’s insolvency.
Exceptions
The subject-matter of the following sections of the Civil Aviation Act 1982—
section 25 (Secretary of State’s power to provide aerodromes),
section 30 (provision of aerodromes and facilities at aerodromes by local authorities),
section 31 (power to carry on ancillary business in connection with local authority aerodromes),
section 34 (financial assistance for certain aerodromes),
section 35 (facilities for consultation at certain aerodromes),
section 36 (health control at Secretary of State’s aerodromes and aerodromes of Civil Aviation Authority), and
sections 41 to 43 and 50 (powers in relation to land exercisable in connection with civil aviation) where land is to be or was acquired for the purpose of airport development or expansion.
The subject-matter of Part II (transfer of airport undertakings of local authorities), sections 63 and 64 (airport byelaws) and 66 (functions of operators of designated airports as respects abandoned vehicles) of the Airports Act 1986.
The subject-matter of sections 59 (acquisition of land and rights over land) and 60 (disposal of compulsorily acquired land) of the Airports Act 1986 where land is to be or was acquired for the purpose of airport development or expansion.
[F70Imposing requirements about the preparation and submission of strategies relating to the provision of air services on Scottish public authorities with mixed functions relating to such services.]
Textual Amendments
F70 Paragraph in Sch. 5 Pt. II Section E4 inserted (14.12.2000) by S.I. 2000/3252 , art. 3(3)
Section E5.
Transport of radioactive material.
Technical specifications for public passenger transport for disabled persons, including the subject-matter of—
section 125(7) and (8) of the Transport Act 1985 (Secretary of State’s guidance and consultation with the Disabled Persons Transport Advisory Committee), and
Part V of the Disability Discrimination Act 1995 (public transport).
Regulation of the carriage of dangerous goods.
Interpretation
“ Radioactive material ” has the same meaning as in section 1(1) of the Radioactive Material (Road Transport) Act 1991.
Section F1.
Schemes supported from central or local funds which provide assistance for social security purposes to or in respect of individuals by way of benefits.
Requiring persons to—
establish and administer schemes providing assistance for social security purposes to or in respect of individuals, or
make payments to or in respect of such schemes,
and to keep records and supply information in connection with such schemes.
The circumstances in which a person is liable to maintain himself or another for the purposes of the enactments relating to social security and the Child Support Acts 1991 and 1995.
The subject-matter of the Vaccine Damage Payment Scheme.
Illustrations
National Insurance; Social Fund; F71... recovery of benefits for accident, injury or disease from persons paying damages; deductions from benefits for the purpose of meeting an individual’s debts; sharing information between government departments for the purposes of the enactments relating to social security; making decisions for the purposes of schemes mentioned in the reservation and appeals against such decisions.
Exceptions
The subject-matter of Part II of the Social Work (Scotland) Act 1968 (social welfare services), section 2 of the Chronically Sick and Disabled Persons Act 1970 (provision of welfare services), section 50 of the Children Act 1975 (payments towards maintenance of children), section 15 of the Enterprise and New Towns (Scotland) Act 1990 (industrial injuries benefit), and sections 22 (promotion of welfare of children in need), 29 and 30 (advice and assistance for young persons formerly looked after by local authorities) of the Children (Scotland) Act 1995.
[F72Providing occasional financial or other assistance to or in respect of individuals for the purposes of—
meeting, or helping to meet, an immediate short term need—
arising out of an exceptional event or exceptional circumstances, and
that requires to be met to avoid a risk to the well-being of an individual, or
enabling qualifying individuals to establish or maintain a settled home, and “qualifying individuals” means individuals who have been or, without the assistance, might otherwise be—
in prison, hospital, a residential care establishment or other institution, or
homeless or otherwise living an unsettled way of life.
But the following are not excepted—
providing financial assistance for the purposes of meeting maternity expenses, funeral expenses or expenses for heating incurred due to cold weather,
the subject-matter of—
section 138 of the Social Security Contributions and Benefits Act 1992 (payments out of the social fund),
section 69 of the Child Support, Pensions and Social Security Act 2000 (discretionary housing payments).]
Interpretation
“Benefits” includes pensions, allowances, grants, loans and any other form of financial assistance.
Providing assistance for social security purposes to or in respect of individuals includes (among other things) providing assistance to or in respect of individuals—
who qualify by reason of old age, survivorship, disability, sickness, incapacity, injury, unemployment, maternity or the care of children or others needing care,
who qualify by reason of low income, or
in relation to their housing costs or liabilities for local taxes.
[F73Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of—
section 138 of the Social Security Contributions and Benefits Act 1992, or
section 69 of the Child Support, Pensions and Social Security Act 2000.
The reference to the subject-matter of section 138 of the 1992 Act is to be construed as a reference to it as at 8th May 2012 and the reference to the subject-matter of section 69 of the 2000 Act is to be construed as a reference to it as at the date on which the Scotland Act (Modification of Schedule 5) ( No. 2) Order 2013 ( S.I. 2013/192 ) came into force; and if any amendment of section 69 of the 2000 Act made by the Welfare Reform Act 2012 is not in force on that date, it is to be treated as if it were. ]
Textual Amendments
F71Words in Sch. 5 Pt. II repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9 10 Sch. 5)
F72Words in Sch. 5 Pt. II s. F1 inserted (1.4.2013) by The Scotland Act 1998 (Modification of Schedule 5) (No. 2) Order 2013 (S.I. 2013/192), arts. 1(2), 2(2) (with art. 3)
F73 Words in Sch. 5 Pt. II s. F1 inserted (1.4.2013) by The Scotland Act 1998 (Modification of Schedule 5) (No. 2) Order 2013 (S.I. 2013/192) , arts. 1(2) , 2(3) (with art. 3 )
Section F2.
The subject-matter of the Child Support Acts 1991 and 1995.
Exception
The subject-matter of sections 1 to 7 of the Family Law (Scotland) Act 1985 (aliment).
Interpretation
If section 30(2) of the Child Support Act 1991 (collection of payments other than child support maintenance) is not in force on the principal appointed day, it is to be treated for the purposes of this reservation as if it were.
Section F3.
The regulation of occupational pension schemes and personal pension schemes, including the obligations of the trustees or managers of such schemes.
Provision about pensions payable to, or in respect of, any persons, except—
the persons referred to in section 81(3),
in relation to a Scottish public authority with mixed functions or no reserved functions, persons who are or have been a member of the public body, the holder of the public office, or a member of the staff of the body, holder or office.
The subject-matter of the Pensions (Increase) Act 1971.
Schemes for the payment of pensions which are listed in Schedule 2 to that Act, except those mentioned in paragraphs 38A and 38AB.
Where pension payable to or in respect of any class of persons under a public service pension scheme is covered by this reservation, so is making provision in their case—
for compensation for loss of office or employment, for their office or employment being affected by constitutional changes, or circumstances arising from such changes, in any territory or territories or for loss or diminution of emoluments, or
for benefits in respect of death or incapacity resulting from injury or disease.
Interpretation
“Pension” includes gratuities and allowances.
Section F4.
Schemes for the payment of pensions for or in respect of persons who have a disablement or have died in consequence of service as members of the armed forces of the Crown.
The subject-matter of any scheme under the Personal Injuries (Emergency Provisions) Act 1939, sections 3 to 5 and 7 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or section 1 of the Polish Resettlement Act 1947
Illustration
The provision of pensions under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983.
Interpretation
“Pension” includes grants, allowances, supplements and gratuities.
Section G1.
Regulation of the profession of architect.
Section G2.
Regulation of the health professions.
Exceptions
The subject-matter of—
section 21 of the National Health Service (Scotland) Act 1978 (requirement of suitable experience for medical practitioners), and
section 25 of that Act (arrangements for the provision of general dental services), so far as it relates to vocational training and disciplinary proceedings.
Interpretation
“The health professions” means the professions regulated by—
the Pharmacy Act 1954,
the Professions Supplementary to Medicine Act 1960,
the Veterinary Surgeons Act 1966,
the Medical Act 1983,
the Dentists Act 1984,
the Opticians Act 1989,
the Osteopaths Act 1993,
the Chiropractors Act 1994, and
the Nurses, Midwives and Health Visitors Act 1997.
Section G3.
Regulation of the profession of auditor.
Section H1.
Employment rights and duties and industrial relations, including the subject-matter of—
the Employers’ Liability (Compulsory Insurance) Act 1969,
the Employment Agencies Act 1973,
the Pneumoconiosis etc. (Workers’ Compensation) Act 1979,
the Transfer of Undertakings (Protection of Employment) Regulations 1981,
the Trade Union and Labour Relations (Consolidation) Act 1992,
[F74the Employment Tribunals Act 1996],
the Employment Rights Act 1996, and
the National Minimum Wage Act 1998.
Exception
The subject-matter of the Agricultural Wages (Scotland) Act 1949.
Textual Amendments
F74 Words in Sch. 5 Pt. II Section H1 substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(c) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
Section H2.
The subject-matter of
[F75 Part I of the Health and Safety at Work etc. Act 1974
The Health and Safety Commission, the Health and Safety Executive and the Employment Medical Advisory Service
For the purposes of the reservation of the subject-matter of Part I of the Health and Safety at Work etc. Act 1974–
(a)“work” and “at work” in that Part are to be taken to have the meaning they have on the principal appointed day;
(b)that subject-matter includes–
(i)process fire precautions;
(ii)fire precautions in relation to petroleum and petroleum spirit;[F76 and]
(iii) fire safety on F77 . . . ships and hovercraft, in mines and on offshore installations; F78 . . .
(iv)F78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
but does not include any other aspect of fire safety.]
Textual Amendments
F75 Sch. 5 Pt II Section H2: words substituted (1.7.1999) by S.I. 1999/1749, arts. 1, 6(1); S.I. 1998/3178, art. 3
F76 Sch. 5 Pt. 2 Section H2: word in para. (b)(ii) inserted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2005 (S.I. 2005/865), arts. 1, 2(a)
F77 Sch. 5 Pt. 2 Section H2: words in para. (b)(iii) repealed (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2005 (S.I. 2005/865), arts. 1, 2(b)
F78 Sch. 5 Pt. 2 Section H2: para. (b)(iv) and preceding word repealed (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2005 (S.I. 2005/865), arts. 1, 2(c)
Section H3.
The subject-matter of—
the Disabled Persons (Employment) Act 1944, and
the Employment and Training Act 1973, except so far as relating to training for employment.
Exception
The subject-matter of—
sections 8 to 10A of the Employment and Training Act 1973 (careers services), and
the following sections of Part I of the Enterprise and New Towns (Scotland) Act 1990 (Scottish Enterprise and Highlands and Islands Enterprise)—
section 2(3)(c) (arrangements for the purpose of assisting persons to establish themselves as self-employed persons), and
section 12 (disclosure of information).
Section J1.
Abortion.
Section J2.
Xenotransplantation.
Section J3.
Surrogacy arrangements, within the meaning of the Surrogacy Arrangements Act 1985, including the subject-matter of that Act.
The subject-matter of the Human Fertilisation and Embryology Act 1990.
Human genetics.
Section J4.
The subject-matter of—
[F79the Medicines Act 1968, except so far as it applies in relation to—
medicinal products which are for use in relation to animals, and
animal feeding stuffs,
the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994,]
the Poisons Act 1972, and
the Biological Standards Act 1975.
Regulation of prices charged for medical supplies or medicinal products which (in either case) are supplied for the purposes of the health service established under section 1 of the National Health Service (Scotland) Act 1978.
[F80Regulation of—
veterinary medicinal products,
specified feed additives, and
animal feeding stuffs, in relation to—
the incorporation in them of veterinary medicinal products or specified feed additives,
matters arising in consequence of such incorporation.]
Interpretation
“Medical supplies” has the same meaning as in section 49(3) of the National Health Service (Scotland) Act 1978.
“Medicinal products” has [F81, in relation to the reservation of the regulation of prices charged for medical supplies or medicinal products supplied for the purposes of the health service,] the same meaning as in section 130(1) of the Medicines Act 1968.
[F82“Specified feed additives” has the same meaning as in Schedule 5 to the Veterinary Medicines Regulations 2013 (as at 1st October 2013).
“Veterinary medicinal products” has the same meaning as in regulation 2(1) of the Veterinary Medicines Regulations 2013 (as at 1st October 2013).]
Textual Amendments
F79Sch. 5 Pt. II s. J4(a)(aa) substituted for Sch. 5 Pt. II (13.6.2014) by The Scotland Act 1998 (Modification of Schedule 5) Order 2014 (S.I. 2014/1559), arts. 1(2), 5(2)
F80Words in Sch. 5 Pt. II s. J4 inserted (13.6.2014) by The Scotland Act 1998 (Modification of Schedule 5) Order 2014 (S.I. 2014/1559), arts. 1(2), 5(3)
F81Words in Sch. 5 Pt. II s. J4 inserted (13.6.2014) by The Scotland Act 1998 (Modification of Schedule 5) Order 2014 (S.I. 2014/1559), arts. 1(2), 5(4)(a)
F82Words in Sch. 5 Pt. II s. J4 inserted (13.6.2014) by The Scotland Act 1998 (Modification of Schedule 5) Order 2014 (S.I. 2014/1559), arts. 1(2), 5(4)(b)
Section J5.
Schemes made by regulations under section 13 of the Social Security Act 1988 (schemes for distribution of welfare foods).
Section K1.
The subject-matter of the Broadcasting Act 1990 and the Broadcasting Act 1996.
The British Broadcasting Corporation.
Section K2.
The subject-matter of the Public Lending Right Act 1979.
Section K3.
The subject-matter of sections 16 and 16A of the National Heritage Act 1980 (public indemnities for objects on loan to museums, art galleries, etc.).
Section K4.
The subject-matter of sections 8 and 9 of the National Heritage Act 1980 (payments to Inland Revenue in respect of property accepted in satisfaction of tax, and disposal of such property).
Section L1.
Determination of the remuneration of—
judges of the Court of Session,
sheriffs principal and sheriffs,
members of the Lands Tribunal for Scotland, and
the Chairman of the Scottish Land Court.
Section L2.
Equal opportunities, including the subject-matter of—
the Equal Pay Act 1970,
the Sex Discrimination Act 1975,
the Race Relations Act 1976, and
the Disability Discrimination Act 1995.
Exceptions
The encouragement (other than by prohibition or regulation) of equal opportunities, and in particular of the observance of the equal opportunity requirements.
Imposing duties on—
any office-holder in the Scottish Administration, or any Scottish public authority with mixed functions or no reserved functions, to make arrangements with a view to securing that the functions of the office-holder or authority are carried out with due regard to the need to meet the equal opportunity requirements, or
any cross-border public authority to make arrangements with a view to securing that its Scottish functions are carried out with due regard to the need to meet the equal opportunity requirements.
Interpretation
“Equal opportunities” means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.
“Equal opportunity requirements” means the requirements of the law for the time being relating to equal opportunities.
“Scottish functions” means functions which are exercisable in or as regards Scotland and which do not relate to reserved matters.
Section L3.
Control of nuclear, biological and chemical weapons and other weapons of mass destruction.
Section L4.
The subject-matter of the Ordnance Survey Act 1841.
Section L5.
Timescales, time zones and the subject-matter of the Summer Time Act 1972.
The calendar; units of time; the date of Easter.
Exceptions
The computation of periods of time.
The subject-matter of—
section 1 of the Banking and Financial Dealings Act 1971 (bank holidays), and
the Term and Quarter Days (Scotland) Act 1990.
Section L6.
Regulation of activities in outer space.
Regulation of activities in Antarctica.
Interpretation “Antarctica” has the meaning given by section 1 of the Antarctic Act 1994.]
Textual Amendments
F83Words in Sch. 5 Pt. II inserted (1.7.2012) by Scotland Act 2012 (c. 11), ss. 11, 44(2)(a)
1(1)This Schedule does not reserve any Scottish public authority if some of its functions relate to reserved matters and some do not, unless it is a cross-border public authority.U.K.
(2)Sub-paragraph (1) has effect as regards—
(a)the constitution of the authority, including its establishment and dissolution, its assets and liabilities and its funding and receipts,
(b)conferring or removing any functions specifically exercisable in relation to the authority.
(3)Sub-paragraph (2)(b) does not apply to any function which is specifically exercisable in relation to a particular function of the authority if the particular function relates to reserved matters.
(4)An authority to which this paragraph applies is referred to in this Act as a Scottish public authority with mixed functions.
Modifications etc. (not altering text)
C3Sch. 5 Pt. III para. 1(4) applied (S.) (30.9.2002) by Freedom of Information (Scotland) Act 2002 (asp 13), s. 4; S.S.I. 2002/437, art. 2
2U.K.Paragraph 1 of Part I of this Schedule does not reserve any Scottish public authority with functions none of which relate to reserved matters (referred to in this Act as a Scottish public authority with no reserved functions).
Modifications etc. (not altering text)
C4Sch. 5 Pt. III para. 2 applied (S.) (30.9.2002) by Freedom of Information (Scotland) Act 2002 (asp 13), s. 4; S.S.I. 2002/437, art. 2
3(1)The reservation of any body to which this paragraph applies has effect to reserve—U.K.
(a)its constitution, including its establishment and dissolution, its assets and liabilities and its funding and receipts,
(b)conferring functions on it or removing functions from it,
(c)conferring or removing any functions specifically exercisable in relation to it.
(2)This paragraph applies to—
(a)a body reserved by name by Part II of this Schedule,
(b)each of the councils reserved by Section C12 of that Part,
(c)the Commission for Racial Equality, the Equal Opportunities Commission and [F84the Disability Rights Commission].
[F85(d)the Commission for Equality and Human Rights.]
Textual Amendments
F84 Words in Sch. 5 Pt. III para. 3(2)(c) substituted (6.8.1999) by 1999 c. 17 , s. 14(1) , Sch. 4 para. 4 (with s. 15 ); S.I. 1999/2210 , art. 2(4)(7)
F85 Sch. 5 Pt. III para. 3(2)(d) inserted (1.5.2006) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2006 (S.I. 2006/609) , art. 2
Modifications etc. (not altering text)
C5 Sch. 5 Pt. III para. 3 applied (28.7.1999) ( temp. ) by S.I. 1999/2210 , art. 3
4(1)This Schedule does not reserve giving financial assistance to commercial activities for the purpose of promoting or sustaining economic development or employment.U.K.
(2)Sub-paragraph (1)—
(a)does not apply to giving financial assistance to any activities in pursuance of a power exercisable only in relation to activities which are reserved,
(b)does not apply to Part I of this Schedule, except paragraph 9, or to a body to which paragraph 3 of this Part of this Schedule applies,
(c)is without prejudice to the exceptions from the reservations in Sections [F86C11,] E2 and E3 of Part II of this Schedule.
(3)Sub-paragraph (1) does not affect the question whether any matter other than financial assistance to which that sub-paragraph applies is reserved.
Textual Amendments
F86Words in Sch. 5 Pt. III para. 4(2)(c) inserted (14.12.2000) by S.I. 2000/3252, art. 2(2)
5(1)References in this Schedule to the subject-matter of any enactment are to be read as references to the subject-matter of that enactment as it has effect on the principal appointed day or, if it ceased to have effect at any time within the period ending with that day and beginning with the day on which this Act is passed, as it had effect immediately before that time.U.K.
(2)Subordinate legislation under section 129(1) may, in relation to the operation of this Schedule at any time before the principal appointed day, modify the references to that day in sub-paragraph (1).
Section 98.
1U.K.In this Schedule “devolution issue” means—
(a)a question whether an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament is within the legislative competence of the Parliament,
(b)a question whether any function (being a function which any person has purported, or is proposing, to exercise) is a function of the Scottish Ministers, the First Minister or the Lord Advocate,
(c)a question whether the purported or proposed exercise of a function by a member of the Scottish Executive is, or would be, within devolved competence,
(d)a question whether a purported or proposed exercise of a function by a member of the Scottish Executive is, or would be, incompatible with any of the Convention rights or with [F87EU] law,
(e)a question whether a failure to act by a member of the Scottish Executive is incompatible with any of the Convention rights or with [F87EU] law,
(f)any other question about whether a function is exercisable within devolved competence or in or as regards Scotland and any other question arising by virtue of this Act about reserved matters.
[F88But a question arising in criminal proceedings in Scotland that would, apart from this paragraph, be a devolution issue is not a devolution issue if (however formulated) it relates to the compatibility with any of the Convention rights or with EU law of
(a)an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament,
(b)a function,
(c)the purported or proposed exercise of a function,
(d)a failure to act.]
Textual Amendments
F87Words in Sch. 6 para. 1 substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 6
F88Words in Sch. 6 para. 1 inserted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 36(4), 44(5); S.I. 2013/6, art. 2(c)
2U.K.A devolution issue shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious.
3U.K.This Part of this Schedule applies in relation to devolution issues in proceedings in Scotland.
4(1)Proceedings for the determination of a devolution issue may be instituted by the Advocate General or the Lord Advocate.U.K.
(2)The Lord Advocate may defend any such proceedings instituted by the Advocate General.
(3)This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.
5U.K.Intimation of any devolution issue which arises in any proceedings before a court or tribunal shall be given to the Advocate General and the Lord Advocate (unless the person to whom the intimation would be given is a party to the proceedings).
6U.K.A person to whom intimation is given in pursuance of paragraph 5 may take part as a party in the proceedings, so far as they relate to a devolution issue.
7U.K.A court, other than the [F89Supreme Court] or any court consisting of three or more judges of the Court of Session, may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Inner House of the Court of Session.
Textual Amendments
F89Words in Sch. 6 para. 7 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(2); S.I. 2009/1604, art. 2
8U.K.A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Inner House of the Court of Session; and any other tribunal may make such a reference.
9U.K.A court, other than any court consisting of two or more judges of the High Court of Justiciary, may refer any devolution issue which arises in criminal proceedings before it to the High Court of Justiciary.
Textual Amendments
F90Words in heading before Sch. 6 para. 10 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(3); S.I. 2009/1604, art. 2
10U.K.Any court consisting of three or more judges of the Court of Session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7 or 8) to the [F91Supreme Court].
Textual Amendments
F91Words in Sch. 6 para. 10 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(4); S.I. 2009/1604, art. 2
11U.K.Any court consisting of two or more judges of the High Court of Justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 9) to the [F92Supreme Court].
Textual Amendments
F92Words in Sch. 6 para. 11 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(5); S.I. 2009/1604, art. 2
Textual Amendments
F93Words in heading before Sch. 6 para. 12 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(6); S.I. 2009/1604, art. 2
12U.K.An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 7 or 8 shall lie to the [F94Supreme Court].
Textual Amendments
F94Words in Sch. 6 para. 12 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(7); S.I. 2009/1604, art. 2
13U.K.An appeal against a determination of a devolution issue by—
(a)a court of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 9), or
(b)a court of three or more judges of the Court of Session from which there is no appeal to the [F95Supreme Court apart from this paragraph],
shall lie to the [F96Supreme Court], but only with [F97permission] of the court [F98from which the appeal lies] or, failing such [F97permission], with [F99permission] of the [F96Supreme Court].
Textual Amendments
F95Words in Sch. 6 para. 13 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(8)(a); S.I. 2009/1604, art. 2
F96Words in Sch. 6 para. 13 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(8)(b); S.I. 2009/1604, art. 2
F97Words in Sch. 6 para. 13 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(8)(c); S.I. 2009/1604, art. 2
F98Words in Sch. 6 para. 13 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(8)(d); S.I. 2009/1604, art. 2
F99Words in Sch. 6 para. 13 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(8)(e); S.I. 2009/1604, art. 2
[F10013AIn criminal proceedings, an application to the High Court for permission under paragraph 13 must be made—
(a)within 28 days of the date of the determination against which the appeal lies, or
(b)within such longer period as the High Court considers equitable having regard to all the circumstances.
Textual Amendments
F100Sch. 6 para. 13A-13B inserted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 37, 44(5); S.I. 2013/6, art. 2(d)
13BIn criminal proceedings, an application to the Supreme Court for permission under paragraph 13 must be made—
(a)within 28 days of the date on which the High Court refused permission under that paragraph, or
(b)within such longer period as the Supreme Court considers equitable having regard to all the circumstances.]
Textual Amendments
F100Sch. 6 para. 13A-13B inserted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 37, 44(5); S.I. 2013/6, art. 2(d)
14U.K.This Part of this Schedule applies in relation to devolution issues in proceedings in England and Wales.
15(1)Proceedings for the determination of a devolution issue may be instituted by the Attorney General.U.K.
(2)The Lord Advocate may defend any such proceedings.
(3)This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.
16U.K.A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General and the Lord Advocate (unless the person to whom the notice would be given is a party to the proceedings).
17U.K.A person to whom notice is given in pursuance of paragraph 16 may take part as a party in the proceedings, so far as they relate to a devolution issue.
18U.K.A magistrates’ court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the High Court.
19(1)A court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Court of Appeal.U.K.
(2)Sub-paragraph (1) does not apply to—
(a)a magistrates’ court, the Court of Appeal or the [F101Supreme Court], or
(b)the High Court if the devolution issue arises in proceedings on a reference under paragraph 18.
Textual Amendments
F101Words in Sch. 6 para. 19(2)(a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 104(2); S.I. 2009/1604, art. 2
20U.K.A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Court of Appeal; and any other tribunal may make such a reference.
21U.K.A court, other than the [F102Supreme Court] or the Court of Appeal, may refer any devolution issue which arises in criminal proceedings before it to—
(a)the High Court (if the proceedings are summary proceedings), or
(b)the Court of Appeal (if the proceedings are proceedings on indictment).
Textual Amendments
F102Words in Sch. 6 para. 21 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 104(3); S.I. 2009/1604, art. 2
Textual Amendments
F103Words in heading before Sch. 6 para. 22 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 104(4); S.I. 2009/1604, art. 2
22U.K.The Court of Appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 19, 20 or 21) to the [F104Supreme Court].
Textual Amendments
F104Words in Sch. 6 para. 22 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 104(5); S.I. 2009/1604, art. 2
Textual Amendments
F105Words in heading before Sch. 6 para. 23 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 104(6); S.I. 2009/1604, art. 2
23U.K.An appeal against a determination of a devolution issue by the High Court or the Court of Appeal on a reference under paragraph 18, 19, 20 or 21 shall lie to the [F106Supreme Court], but only with [F107permission] of the High Court or (as the case may be) the Court of Appeal or, failing such [F107permission], with [F108permission] of the [F106Supreme Court].
Textual Amendments
F106Words in Sch. 6 para. 23 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 104(7)(a); S.I. 2009/1604, art. 2
F107Words in Sch. 6 para. 23 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 104(7)(b); S.I. 2009/1604, art. 2
F108Words in Sch. 6 para. 23 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 104(7)(c); S.I. 2009/1604, art. 2
24U.K.This Part of this Schedule applies in relation to devolution issues in proceedings in Northern Ireland.
25(1)Proceedings for the determination of a devolution issue may be instituted by the [F109Advocate General for Northern Ireland].U.K.
(2)The Lord Advocate may defend any such proceedings.
(3)This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.
Textual Amendments
F109Words in Sch. 6 para. 25(1) substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 28, 87, Sch. 7 para. 4(a); S.R. 2010/113, art. 2, Sch. para. 19(a)
26U.K.A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the [F110Advocate General for Northern Ireland] and the Lord Advocate (unless the person to whom the notice would be given is a party to the proceedings).
Textual Amendments
F110Words in Sch. 6 para. 26 substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 28, 87, Sch. 7 para. 4(b); S.R. 2010/113, art. 2, Sch. para. 19(a)
27U.K.A person to whom notice is given in pursuance of paragraph 26 may take part as a party in the proceedings, so far as they relate to a devolution issue.
28U.K.A court, other than the [F111Supreme Court] or the Court of Appeal in Northern Ireland, may refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland.
Textual Amendments
F111Words in Sch. 6 para. 28 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 105(2); S.I. 2009/1604, art. 2
29U.K.A tribunal from which there is no appeal shall refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland; and any other tribunal may make such a reference.
Textual Amendments
F112Words in heading before Sch. 6 para. 30 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 105(3); S.I. 2009/1604, art. 2
30U.K.The Court of Appeal in Northern Ireland may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 28 or 29) to the [F113Supreme Court].
Textual Amendments
F113Words in Sch. 6 para. 30 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 105(4); S.I. 2009/1604, art. 2
Textual Amendments
F114Words in heading before Sch. 6 para. 31 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 105(5); S.I. 2009/1604, art. 2
31U.K.An appeal against a determination of a devolution issue by the Court of Appeal in Northern Ireland on a reference under paragraph 28 or 29 shall lie to the [F115Supreme Court], but only with [F116permission] of the Court of Appeal in Northern Ireland or, failing such [F116permission], with [F117permission] of the [F115Supreme Court].
Textual Amendments
F115Words in Sch. 6 para. 31 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 105(6)(a); S.I. 2009/1604, art. 2
F116Words in Sch. 6 para. 31 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 105(6)(b); S.I. 2009/1604, art. 2
F117Words in Sch. 6 para. 31 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 105(6)(c); S.I. 2009/1604, art. 2
F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F118Sch. 6 para. 32 and preceding heading repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 146, 148(1), Sch. 9 para. 106(2), Sch. 18 Pt. 5; S.I. 2009/1604, art. 2
32U.K.F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F119Sch. 6 para. 32 and preceding heading repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 146, 148(1), Sch. 9 para. 106(2), Sch. 18 Pt. 5; S.I. 2009/1604, art. 2
Textual Amendments
F120Words in heading before Sch. 6 para. 33 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 106(3); S.I. 2009/1604, art. 2
33U.K.The Lord Advocate, the Advocate General, the Attorney General or the [F121Advocate General for Northern Ireland] may require any court or tribunal to refer to the [F122Supreme Court] any devolution issue which has arisen in proceedings before it to which he is a party.
Textual Amendments
F121Words in Sch. 6 para. 33 substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 28, 87, Sch. 7 para. 4(c); S.R. 2010/113, art. 2, Sch. para. 19(a)
F122Words in Sch. 6 para. 33 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 106(4); S.I. 2009/1604, art. 2
34U.K.The Lord Advocate, the Attorney General, the Advocate General or the [F123Advocate General for Northern Ireland] may refer to the [F124Supreme Court] any devolution issue which is not the subject of proceedings.
Textual Amendments
F123Words in Sch. 6 para. 34 substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 28, 87, Sch. 7 para. 4(c); S.R. 2010/113, art. 2, Sch. para. 19(a)
F124Words in Sch. 6 para. 34 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 106(5); S.I. 2009/1604, art. 2
35(1)This paragraph applies where a reference is made under paragraph 34 in relation to a devolution issue which relates to the proposed exercise of a function by a member of the Scottish Executive.U.K.
(2)The person making the reference shall notify a member of the Scottish Executive of that fact.
(3)No member of the Scottish Executive shall exercise the function in the manner proposed during the period beginning with the receipt of the notification under sub-paragraph (2) and ending with the reference being decided or otherwise disposed of.
(4)Proceedings relating to any possible failure by a member of the Scottish Executive to comply with sub-paragraph (3) may be instituted by the Advocate General.
(5)Sub-paragraph (4) is without prejudice to any power to institute proceedings exercisable apart from that sub-paragraph by any person.
36(1)A court or tribunal before which any proceedings take place may take account of any additional expense of the kind mentioned in sub-paragraph (3) in deciding any question as to costs or expenses.U.K.
(2)In deciding any such question, the court or tribunal may award the whole or part of the additional expense as costs or (as the case may be) expenses to the party who incurred it (whatever the decision on the devolution issue).
(3)The additional expense is any additional expense which the court or tribunal considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of paragraph 6, 17 or 27.
37U.K.Any power to make provision for regulating the procedure before any court or tribunal shall include power to make provision for the purposes of this Schedule including, in particular, provision—
(a)for prescribing the stage in the proceedings at which a devolution issue is to be raised or referred,
(b)for the sisting or staying of proceedings for the purpose of any proceedings under this Schedule, and
(c)for determining the manner in which and the time within which any intimation or notice is to be given.
38U.K.Any duty or power conferred by this Schedule to refer a devolution issue to a court shall be construed as a duty or (as the case may be) power to refer the issue to the court for decision.
Section 115.
1(1)Subordinate legislation (or a statutory instrument containing it) under a provision listed in the left-hand column is subject to the type of procedure in the right-hand column.U.K.
(2)This paragraph is subject to paragraphs 3 and 4.
| Provision of the Act | Type of procedure |
|---|---|
| Section 2(1) | Type C |
| Section 12(1) | [F125Type L] |
[F126Section 12A | Type C] |
| Section 15 | Type D |
| Section 18(5) | Type J |
| Section 30 | Type A |
| Section 35 | Type I |
| Section 38 | Type J |
| Section 56(2) | Type G |
| Section 58 | Type I |
| Section 60 | Type G |
| Section 62 | Type G |
| Section 63 | Type A |
| Section 64(5) | Type K |
[F127Section 66(5) | Type E |
Section 67A(2) | Type E] |
| Section 67(3) | Type E |
| Section 71(6) | Type K |
| Section 79 | Type E |
[F128Section 80B | Type A] |
[F129Section 80G(1), (1A) or (2) | Type E |
Section 80G(1B) | Type K] |
| Section 88 | Type I |
| Section 89 | Type F |
| Section 90 | Type F |
[F130Section 90B | Type C] |
| Section 93 | Type H |
| Section 97 | Type A |
| F131. . . | F131. . . |
| Section 104 | Type G |
| Section 105 | Type G |
| Section 106 | Type G |
| Section 107 | Type G |
| Section 108 | Type A |
| Section 109 | Type H |
| Section 110(1) | Type C |
| Section 110(2) | Type I |
| Section 111 | Type A |
[F132Section 113(12) | Type A] |
| Section 116(9) | Type G |
| Section 124(1) | Type G |
| Section 126(2) | Type B |
| Section 126(8) | Type H |
| Section 129(1) | Type G |
| Schedule 2, paragraph 2 | Type G |
| Schedule 2, paragraph 7 | Type H |
Notes
The entry for section 58 does not apply to an instrument containing an order merely revoking an order under subsection (1) of that section.
The entry for section 79, in relation to an instrument containing an order which makes only such provision as is mentioned in section 79(3), is to be read as referring to type K instead of type E.
Textual Amendments
F125Words in Sch. 7 para. 1 substituted (1.7.2015) by Scotland Act 2012 (c. 11), ss. 3(3)(a), 44(5); S.I. 2015/682, art. 2(b) (with saving in S.I. 2015/683, art. 2)
F126Words in Sch. 7 para. 1 inserted (1.7.2015) by Scotland Act 2012 (c. 11), ss. 3(3)(b), 44(5); S.I. 2015/682, art. 2(b) (with saving in S.I. 2015/683, art. 2)
F127Words in Sch. 7 para. 1 inserted (12.12.2014) by Scotland Act 2012 (c. 11), ss. 32(12), 44(4)(b); S.I. 2014/3250, art. 2
F128Words in Sch. 7 para. 1 inserted (1.7.2012) by Scotland Act 2012 (c. 11), ss. 23(6), 44(2)(b)
F129Words in Sch. 7 para. 1(2) inserted (17.7.2014) by Finance Act 2014 (c. 26), Sch. 38 para. 16(10)(b)
F130Words in Sch. 7 para. 1(2) inserted (23.3.2016) by Scotland Act 2016 (c. 11), ss. 36(5), 72(1)(b)
F131Sch. 7 para. 1(2) table: entry relating to section 103(3)(a) and (b) repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 146, 148(1), Sch. 9 para. 107, Sch. 18 Pt. 5; S.I. 2009/1604, art. 2
F132Words in Sch. 7 para. 1 inserted (31.10.2012) by Scotland Act 2012 (c. 11), ss. 39(4), 44(5); S.I. 2012/2516, art. 2(e)
2U.K.The types of procedure referred to in this Schedule are—
Type A: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument —
has been laid before, and approved by resolution of, each House of Parliament, and
has been laid before, and approved by resolution of, the Parliament.
Type B: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
Type C: No Minister of the Crown is to make the legislation unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
Type D: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.
Type E: No Minister of the Crown is to make the legislation unless a draft of the instrument has been laid before, and approved by resolution of, the House of Commons.
Type F: The instrument containing the legislation, if made without a draft having been approved by resolution of each House of Parliament and of the Parliament, shall be subject to annulment in pursuance of—
a resolution of either House, or
a resolution of the Parliament.
Type G: The instrument containing the legislation, if made without a draft having been approved by resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House.
Type H: The instrument containing the legislation shall be subject to annulment in pursuance of—
a resolution of either House of Parliament, or
a resolution of the Parliament.
Type I: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Type J: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the Parliament.
Type K: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the House of Commons.
[F133Type L: The legislation shall be subject to the affirmative procedure.]
Textual Amendments
F133Words in Sch. 7 para. 2 inserted (1.7.2015) by Scotland Act 2012 (c. 11), ss. 3(4), 44(5); S.I. 2015/682, art. 2(b) (with saving in S.I. 2015/683, art. 2)
3(1)This paragraph applies if—U.K.
(a)the instrument containing the legislation would, apart from this paragraph, be subject to the type F, G, H, I or K procedure, and
(b)the legislation contains provisions which add to, replace or omit any part of the text of an Act.
(2)Where this paragraph applies—
(a)instead of the type F procedure, the type A procedure shall apply,
(b)instead of the type G procedure, the type B or (as the case may be) C procedure shall apply,
(c)instead of the type H procedure, the type A procedure shall apply,
(d)instead of the type I procedure, the type B or (as the case may be) C procedure shall apply,
(e)instead of the type K procedure, the type E procedure shall apply.
[F1343AU.K.If legislation under section 90B amends a scheme under that section and does not contain provision—
(a)made by virtue of subsection (12) or (19) of that section, or
(b)adding to, replacing or omitting any part of the text of an Act,
then, instead of the type C procedure, the type I procedure shall apply.]
Textual Amendments
F134Sch. 7 para. 3A inserted (23.3.2016) by Scotland Act 2016 (c. 11), ss. 36(6), 72(1)(b)
4U.K.If legislation under section 129(1) makes provision as mentioned in section 112(2) then, instead of the type G procedure, the type D procedure shall apply.
5(1)An instrument containing an Order in Council or order under an open power which revokes, amends or re-enacts subordinate legislation under an open power may (in spite of section 14 of the M14Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original legislation was subject.U.K.
(2)An instrument containing an Order in Council under section 89 or 90 which revokes, amends or re-enacts an Order under either section may (in spite of section 14 of the M15Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original Order was subject.
Section 125.
Commencement Information
I3Sch. 8 wholly in force at 1.4.2000: Sch. 8 partly in force at Royal Assent see s. 130(1); specified provisions of Sch. 8 in force at 6.5.1999, 20.5.1999, 1.7.1999 and 1.4.2000 by S.I. 1998/3178, arts. 2(2), 3.
1U.K.In section 2 of the Public Revenue (Scotland) Act 1833 (regulation of Queen’s and Lord Treasurer’s Remembrancer), for “Treasury” in both places there is substituted “ Scottish Ministers ”.
2(1)The Crown Suits (Scotland) Act 1857 is amended as follows.U.K.
(2)In section 1 (Crown suits may be brought by or against Lord Advocate)—
(a)after “Crown” there is inserted “ (including the Scottish Administration) ”, and
(b)for “Her Majesty’s Advocate for the time being” there is substituted “ the appropriate Law Officer ”.
(3)In section 2 (authority of Crown required)—
(a)for “Her Majesty’s Advocate” there is substituted “ the appropriate Law Officer ”, and
(b)after “Majesty” there is inserted “ of the part of the Scottish Administration ”.
(4)In section 3 (absence of authority cannot be founded upon), for “Her Majesty’s Advocate” there is substituted “ the appropriate Law Officer ”.
(5)After section 4 there is inserted—
In this Act “the appropriate Law Officer” means—
(a)the Lord Advocate, where the action, suit or proceeding is on behalf of or against any part of the Scottish Administration, and
(b)the Advocate General for Scotland, in any other case.”
(6)In section 5 (change of Lord Advocate not to affect proceedings)—
(a)for “Her Majesty’s Advocate” there is substituted “ the Lord Advocate or the Advocate General for Scotland ”, and
(b)for “the office of Her Majesty’s Advocate” there is substituted “ that office ”.
3(1)The Sheriff Courts and Legal Officers (Scotland) Act 1927 is amended as follows.U.K.
(2)In section 1(2) (appointment etc. of procurator fiscal), “with the consent of the Treasury” is omitted.
(3)In section 2 (appointment of sheriff clerk and procurator fiscal deputes), “with the consent of the Treasury as to numbers and salaries” is omitted.
(4)In section 3 (whole-time sheriff clerks and procurators fiscal and deputes), “and in either case with the consent of the Treasury” is omitted.
(5)In section 5 (whole-time clerks), “with the consent of the Treasury as to numbers and salaries” is omitted.
(6)In section 12 (prosecutions at instance of procurator fiscal), “after consultation with the Treasury” is omitted.
4U.K.In the Administration of Justice (Scotland) Act 1933, in sections 24(7) and 25 (officers of Court of Session etc.), “and shall be exercised on nomination by the Lord Advocate” is omitted.
5U.K.In section 1 of the Private Legislation Procedure (Scotland) Act 1936 (application for provisional order: notices), after subsection (4) there is added—
“(5)This section shall not apply where any public authority or any persons desire to obtain parliamentary powers the conferring of which is wholly within the legislative competence of the Scottish Parliament.”
Modifications etc. (not altering text)
C6Sch. 8 para. 5 restricted (19.5.1999) by S.I. 1999/1334, art. 4
6U.K.In section 1 of the United Nations Act 1946 (measures to give effect to decisions of Security Council), in subsection (4), for the words following “shall” there is substituted “forthwith after it is made be laid—
(a)before Parliament; and
(b)if any provision made by the Order would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament, before that Parliament.”
7(1)The Crown Proceedings Act 1947 is amended as follows.U.K.
(2)In section 38(2) (interpretation)—
(a)in the definition of “His Majesty’s aircraft”, after “Kingdom” there is inserted “ or the Scottish Administration ”,
(b)in the definition of “His Majesty’s ships”, after “Kingdom” there is inserted “ or the Scottish Administration ” and after “said Government” there is inserted “ or Administration ”, and
(c)in the definition of “officer”, after “Minister of the Crown” there is inserted “ and a member of the Scottish Executive ”.
(3)In section 40 (savings)—
(a)in subsection (2), after “in the United Kingdom”, in each place where those words appear, there is inserted “ or the Scottish Administration ”, and
(b)after subsection (3) there is inserted—
“(3A)A certificate of the Scottish Ministers to the effect that—
(a)any alleged liability of the Crown arises otherwise than in respect of the Scottish Administration,
(b)any proceedings by the Crown are proceedings otherwise than in right of the Scottish Administration,
shall, for the purposes of this Act, be conclusive as to that matter.”
(4)In the proviso to section 44 (remit from sheriff court to Court of Session on Lord Advocate’s certificate)—
(a)for “Lord Advocate” there is substituted “ appropriate Law Officer ”, and
(b)at the end there is inserted— “In this proviso, “the appropriate Law Officer” means—
(a)the Lord Advocate, where the proceedings are against any part of the Scottish Administration, and
(b)the Advocate General for Scotland, in any other case.”
(5)In section 50 (application to Scotland of section 35), subsection (2) of section 35 as substituted for Scotland is amended as follows—
(a)in paragraph (d)—
(i)after “Crown” there is inserted “ in right of Her Majesty’s Government in the United Kingdom ”,
(ii)for “Lord Advocate” there is substituted “ Advocate General for Scotland ”, and
(iii)after “department”, in the second place where it appears, there is inserted—
“(i)shall not be entitled to avail itself of any set-off or counterclaim if the subject matter thereof relates to the Scottish Administration, and
(ii)”, and
(b)after that paragraph there is inserted—
“(e)a part of the Scottish Administration, in any proceedings against that part or against the Lord Advocate on its behalf, shall not be entitled to avail itself of any set-off or counterclaim if the subject matter thereof relates to another part of the Scottish Administration or to the Crown in right of Her Majesty’s Government in the United Kingdom.”
(6)In section 51(2) (application to Scotland of section 38), in paragraph (ii), after “Lord Advocate” there is inserted “ or the Advocate General for Scotland ”.
8U.K.In section 1(1) of the Public Registers and Records (Scotland) Act 1948 (appointment etc. of Keeper of the Registers and Keeper of the Records), for “Secretary of State” there is substituted “ Scottish Ministers ”.
9U.K.In section 2 of the Lands Tribunal Act 1949 (members etc. of Lands Tribunal for Scotland)—
(a)F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)after that subsection there is inserted—
“(10)The remuneration of members of the Lands Tribunal for Scotland shall be charged on the Scottish Consolidated Fund.”
Textual Amendments
F135Sch. 8 para. 9(a) repealed (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 5(5), Sch. 4
10U.K.In section 10 of the Defamation Act 1952 (limitation on privilege at elections), after “local government authority” there is inserted “ to the Scottish Parliament ”.
11U.K.In section 10(2) of the Defamation Act (Northern Ireland) 1955 (limitation on privilege at elections), after “Parliament of the United Kingdom” there is inserted “ or to the Scottish Parliament ”.
12U.K.In section 1(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (power of Secretary of State to appoint Registrar General), for “Secretary of State” there is substituted “ Scottish Ministers ”.
13U.K.In Part II of Schedule 2 to the Pensions (Increase) Act 1971 (official pensions out of local funds), before paragraph 39 there is inserted—
38ABA pension payable under a scheme established by virtue of section 81(4)(b) of, or paragraph 3(4)(b) of Schedule 2 to, the Scotland Act 1998.”
14U.K.In section 1(6) of the Superannuation Act 1972 (superannuation as respects civil servants etc.), for “or the Consolidated Fund” there is substituted “ the Consolidated Fund or the Scottish Consolidated Fund ”.
15(1)The European Communities Act 1972 is amended as follows.U.K.
(2)In section 2 (general implementation of Treaties)—
(a)references to a statutory power or duty include a power or duty conferred by an Act of the Scottish Parliament or an instrument made under such an Act, and
(b)references to an enactment include an enactment within the meaning of this Act.
(3)In relation to [F136any order, rules, regulations or scheme] made by the Scottish Ministers, or an Order in Council made on the recommendation of the First Minister, under section 2—
(a)in subsection (2), “designated” in the first sentence, and the second sentence, shall be disregarded,
(b)references to an Act of Parliament shall be read as references to an Act of the Scottish Parliament, and
(c)paragraph 2(2) of Schedule 2 shall have effect as if the references to each, or either, House of Parliament were to the Scottish Parliament.
(4)In section 3(4) (evidence), references to a government department include any part of the Scottish Administration.
Textual Amendments
F136Words in Sch. 8 para. 15(3) substituted (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), ss. 27(4), 33
Modifications etc. (not altering text)
C7Sch. 8 para. 15(3)(c) applied (18.11.2004) by Civil Partnership Act 2004 (c. 33), ss. 260(5)(b), 263(10)(a)
16(1)The Interpretation Act 1978 is amended as follows.U.K.
(2)After section 23 there is inserted—
(1)This Act applies in relation to an Act of the Scottish Parliament and an instrument made under such an Act only to the extent provided in this section.
(2)Except as provided in subsection (3) below, sections 15 to 18 apply to—
(a)an Act of the Scottish Parliament as they apply to an Act,
(b)an instrument made under an Act of the Scottish Parliament as they apply to subordinate legislation.
(3)In the application of those sections to an Act and to subordinate legislation—
(a)references to an enactment include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and
(b)the reference in section 17(2)(b) to subordinate legislation includes an instrument made under an Act of the Scottish Parliament.
(4)In the application of section 20 to an Act and to subordinate legislation, references to an enactment include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”
(3)In Schedule 1 (words and expressions defined), the following definitions are inserted in the appropriate places—
““Act” means an Act of Parliament.”
““Enactment” does not include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”
17U.K.In section 135(1) of the Education (Scotland) Act 1980 (interpretation), in the definition of “Her Majesty’s inspectors”, “on the recommendation of the Secretary of State” is omitted.
18(1)Section 46 of the Civil Jurisdiction and Judgments Act 1982 (domicile and seat of the Crown) is amended as follows.U.K.
(2)In subsection (3), after paragraph (a) there is inserted—
“(aa)the Crown in right of the Scottish Administration has its seat in, and in every place in, Scotland,”.
(3)In subsection (7), after “Kingdom” there is inserted “ , the Scottish Administration ”.
Textual Amendments
F137Sch. 8 para. 19 and crossheading omitted (28.4.2013) by virtue of Mental Health (Discrimination) Act 2013 (c. 8), s. 4(1), Sch. para. 2(2)
F13719U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20U.K.Sections 6 and 7 of the National Audit Act 1983 (value for money studies) shall not apply in relation to—
(a)the Scottish Administration or any part of it, or
(b)any Scottish public authority with mixed functions or no reserved functions.
21U.K.In section 1 of the Tourism (Overseas Promotion) (Scotland) Act 1984 (power of Scottish Tourist Board to promote tourism in Scotland outside UK), subsection (2) is omitted.
22U.K.For section 1 of the Bankruptcy (Scotland) Act 1985 there is substituted—
(1)The Accountant in Bankruptcy shall be appointed by the Scottish Ministers.
(2)The Scottish Ministers may appoint a member of the staff of the Accountant in Bankruptcy to be Depute Accountant in Bankruptcy to exercise all of the functions of the Accountant in Bankruptcy at any time when the Accountant in Bankruptcy is unable to do so.”
23(1)The Insolvency Act 1986 is amended as follows.U.K.
[F138(2)Anything directed to be done, or which may be done, to or by the registrar of companies in Scotland by virtue of any of the provisions mentioned in sub-paragraph (3), shall, or (as the case may be) may, also be done to or by the Accountant in Bankruptcy.
(2A)In the case of a building society, friendly society or industrial and provident society which has its registered office in Scotland, anything directed to be done, or which may be done, to or by the Financial Services Authority by virtue of any of the provisions mentioned in sub-paragraph (3) as applied (with or without modifications) in relation to the society shall, or (as the case may be) may, also be done to or by the Accountant in Bankruptcy.]
(3)Those provisions are: sections 53(1), 54(3), 61(6), 62(5) (so far as relating to the giving of notice), 67(1), 69(2), 84(3), 94(3), 106(3) and (5), 112(3), 130(1), 147(3), 170(2) and 172(8).
[F139(4)Anything directed to be done, or which may be done, to or by the registrar of companies in Scotland by virtue of any of the provisions mentioned in sub-paragraph (5), shall, or (as the case may be) shall instead be done to or by the Accountant in Bankruptcy.
(4A)In the case of a building society, friendly society or industrial and provident society which has its registered office in Scotland, anything directed to be done, or which may be done, to or by the Financial Services Authority by virtue of any of those provisions as applied (with or without modifications) in relation to the society shall, or (as the case may be) shall instead be done to or by the Accountant in Bankruptcy.]
(5)Those provisions are: sections 89(3), 109(1), 171(5) and (6), 173(2)(a) and 192(1).
(6)In section 427 (members of the House of Commons whose estates are sequestrated etc.), after subsection (6) there is inserted—
“(6A)Subsections (4) to (6) have effect in relation to a member of the Scottish Parliament but as if—
(a)references to the House of Commons were to the Parliament and references to the Speaker were to the Presiding Officer, and
(b)in subsection (4), for “under this section” there were substituted “under section 15(1)(b) of the Scotland Act 1998 by virtue of this section”.”
Textual Amendments
F138Sch. 8 para. 23(2)(2A) substituted (1.12.2001) for Sch. 8 para. 23(2) by S.I. 2001/3649, arts. 1, 360(2)
F139Sch. 8 para. 23(4)(4A) substituted (1.12.2001) for Sch. 8 para. 23(4) by S.I. 2001/3649, arts. 1, 360(3)
Commencement Information
I4Sch. 8 para. 23 wholly in force at 1.7.1999: Sch. 8 para. 23(1)(6) in force at Royal Assent see s. 130(1); Sch. 8 para. 23(2)-(5) in force at 1.7.1999 by S.I. 1998/3178, art. 3.
24U.K.In section 26(1) of the Public Order Act 1986 (savings for reports of parliamentary proceedings), after “Parliament” there is inserted “ or in the Scottish Parliament ”.
25(1)The Copyright, Designs and Patents Act 1988 is amended as follows.U.K.
(2)In section 12(9) (duration of copyright in literary, dramatic, musical or artistic works), for “166” there is substituted “ 166A ”.
(3)In section 153(2) (qualification for copyright protection), for “166” there is substituted “ 166A ”.
(4)In section 163(6) (Crown copyright), for “and 166” there is substituted “ to 166A ”.
(5)In section 164(1) (Crown copyright in Acts of Parliament etc.), after “Parliament” there is inserted “ Act of the Scottish Parliament ”.
(6)After section 166 there is inserted—
(1)Copyright in every Bill introduced into the Scottish Parliament belongs to the Scottish Parliamentary Corporate Body.
(2)Copyright under this section subsists from the time when the text of the Bill is handed in to the Parliament for introduction—
(a)until the Bill receives Royal Assent, or
(b)if the Bill does not receive Royal Assent, until it is withdrawn or rejected or no further parliamentary proceedings may be taken in respect of it.
(3)References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright.
(4)No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Parliament.”
(7)In section 178 (minor definitions)—
(a)in the definition of “the Crown”, after “of” there is inserted “ the Scottish Administration or of ”, and
(b)in the definition of “parliamentary proceedings”, after “Assembly” there is inserted “ of the Scottish Parliament ”.
(8)In section 179 (index of defined expressions), in column 2 of the entry for “Parliamentary copyright”, for “and 166(6)” there is substituted “ 166(6) and 166A(3) ”.
26(1)Section 12 of the Official Secrets Act 1989 (meaning of “Crown servant” and “government contractor” for the purposes of that Act) is amended as follows.U.K.
(2)In subsection (1), after paragraph (a) there is inserted—
“(aa)a member of the Scottish Executive or a junior Scottish Minister;”.
(3)In subsection (2)(a), after “above,” there is inserted “ of any office-holder in the Scottish Administration, ”.
(4)After subsection (3) there is inserted—
“(4)In this section “office-holder in the Scottish Administration” has the same meaning as in section 126(7)(a) of the Scotland Act 1998.”.
27(1)The Prisons (Scotland) Act 1989 is amended as follows.U.K.
(2)Section 2 of that Act (appointment of officers etc.) is omitted.
(3)In section 3(1) (prison officers), for the words following “Secretary of State” there is substituted—
“(1A)Every prison shall have a governor and such other officers as may be necessary.”
(4)In section 3A (medical services)—
(a)in subsection (2), for “appointing” there is substituted “ providing ” and for “appointment” there is substituted “ provision ”, and
(b)in subsection (4), for “appointed” there is substituted “ provided ”.
28U.K.In section 6 of the European Communities (Amendment) Act 1993 (persons who may be proposed for membership of the Committee of the Regions), after “he is” there is inserted “ a member of the Scottish Parliament ”.
29U.K.In section 1 of the Scottish Land Court Act 1993 (the Scottish Land Court)—
(a)in subsection (2), for “Secretary of State” there is substituted “ First Minister ”, and
(b)after subsection (2) there is inserted—
“(2A)Before recommending the appointment of a person as Chairman, the First Minister shall consult the Lord President of the Court of Session.”
30U.K.In section 41 of the Value Added Tax Act 1994 (application to the Crown), in subsection (6), after “includes” there is inserted “ the Scottish Administration ”.
31U.K.In section 12(1) of the Requirements of Writing (Scotland) Act 1995 (interpretation)—
(a)in the definition of “Minister”, after “1975” there is inserted “ and also includes a member of the Scottish Executive ”, and
(b)in paragraph (a) of the definition of “officer”, after “Department” there is inserted “ or, as the case may be, as a member of the staff of the Scottish Ministers or the Lord Advocate ”.
32(1)The Criminal Procedure (Scotland) Act 1995 is amended as follows.U.K.
(2)After section 288 there is inserted—
(1)This section applies where—
(a)a person is acquitted or convicted of a charge (whether on indictment or in summary proceedings), and
(b)the Advocate General for Scotland was a party to the proceedings in pursuance of paragraph 6 of Schedule 6 to the Scotland Act 1998 (devolution issues).
(2)The Advocate General for Scotland may refer any devolution issue which has arisen in the proceedings to the High Court for their opinion; and the Clerk of Justiciary shall send to the person acquitted or convicted and to any solicitor who acted for that person at the trial, a copy of the reference and intimation of the date fixed by the Court for a hearing.
(3)The person may, not later than seven days before the date so fixed, intimate in writing to the Clerk of Justiciary and to the Advocate General for Scotland either—
(a)that he elects to appear personally at the hearing, or
(b)that he elects to be represented by counsel at the hearing,
but, except by leave of the Court on cause shown, and without prejudice to his right to attend, he shall not appear or be represented at the hearing other than by and in conformity with an election under this subsection.
(4)Where there is no intimation under subsection (3)(b), the High Court shall appoint counsel to act at the hearing as amicus curiae.
(5)The costs of representation elected under subsection (3)(b) or of an appointment under subsection (4) shall, after being taxed by the Auditor of the Court of Session, be paid by the Advocate General for Scotland out of money provided by Parliament.
(6)The opinion on the point referred under subsection (2) shall not affect the acquittal or (as the case may be) conviction in the trial.
(1)This section applies where the Judicial Committee of the Privy Council determines an appeal under paragraph 13(a) of Schedule 6 to the Scotland Act 1998 against a determination of a devolution issue by the High Court in the ordinary course of proceedings.
(2)The determination of the appeal shall not affect any earlier acquittal or earlier quashing of any conviction in the proceedings.
(3)Subject to subsection (2) above, the High Court shall have the same powers in relation to the proceedings when remitted to it by the Judicial Committee as it would have if it were considering the proceedings otherwise than as a trial court.”
(3)In section 307(1) (interpretation), after the definition of “crime” there is inserted—
““devolution issue” has the same meaning as in Schedule 6 to the Scotland Act 1998;”.
33(1)The Defamation Act 1996 is amended as follows.U.K.
(2)In section 17(1) (interpretation), in the definition of “statutory provision”, after “1978” there is inserted—
“(aa)a provision contained in an Act of the Scottish Parliament or in an instrument made under such an Act,”.
(3)In paragraph 11(1)(c) of Schedule 1 (qualified privilege), after “Minister of the Crown” there is inserted “ a member of the Scottish Executive ”.
34U.K.In section 6 of the Damages Act 1996 (guarantees for public sector settlements), after subsection (8) there is inserted—
“(8A)In the application of subsection (3) above to Scotland, for the words from “guidelines” to the end there shall be substituted “the Minister”.”
Section 125.
Commencement Information
I5Sch. 9 in force for certain purposes at 20.5.1999 and for all remaining purposes at 1.7.1999 by S.I. 1998/3178, arts. 2(2), 3
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1927 c. 35. | The Sheriff Courts and Legal Officers (Scotland) Act 1927. | In section 1(2), “with the consent of the Treasury”. |
| In section 2, “with the consent of the Treasury as to numbers and salaries”. | ||
| In section 3, “and in either case with the consent of the Treasury”. | ||
| In section 5, “with the consent of the Treasury as to numbers and salaries”. | ||
| In section 12, “after consultation with the Treasury”. | ||
| 1933 c. 41. | The Administration of Justice (Scotland) Act 1933. | In sections 24(7) and 25, “and shall be exercised on nomination by the Lord Advocate”. |
| 1975 c. 24. | The House of Commons Disqualification Act 1975. | In Schedule 2, the entries for the Lord Advocate and the Solicitor General for Scotland. |
| 1975 c. 27. | The Ministerial and other Salaries Act 1975. | In Part III of Schedule 1, the entries for the Lord Advocate and the Solicitor General for Scotland. |
| 1980 c. 44. | The Education (Scotland) Act 1980. | In section 135(1), in the definition of “Her Majesty’s inspectors”, “on the recommendation of the Secretary of State”. |
| 1984 c. 4. | The Tourism (Overseas Promotion) (Scotland) Act 1984. | Section 1(2). |
| 1986 c. 56. | The Parliamentary Constituencies Act 1986. | In Schedule 2, rule 1(2). |
| 1989 c. 45. | The Prisons (Scotland) Act 1989. | Section 2. |