Scotland Act 1998

32 Submission of Bills for Royal Assent.U.K.

This section has no associated Explanatory Notes

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

(2)The Presiding Officer shall not submit a Bill for Royal Assent at any time when—

(a)the Advocate General, the Lord Advocate or the Attorney General is entitled to make a reference in relation to the Bill under section [F132A or] 33,

(b)any such reference has been made but has not been decided or otherwise disposed of by the [F2Supreme Court], or

(c)an order may be made in relation to the Bill under section 35.

[F3(2A)The Presiding Officer shall not submit a Bill for Royal Assent if the Supreme Court has decided on a reference made in relation to the Bill under section 32A(2)(b) that any provision of the Bill relates to a protected subject-matter, unless since the decision the Bill has been approved in accordance with standing orders made by virtue of section 36(5).]

(3)The Presiding Officer shall not submit a Bill in its unamended form for Royal Assent if—

(a)the [F4Supreme Court has] decided that the Bill or any provision of it would not be within the legislative competence of the Parliament, or

(b)a reference made in relation to the Bill under section 33 has been withdrawn following a request for withdrawal of the reference under section 34(2)(b).

(4)In this Act—

  • “Advocate General” means the Advocate General for Scotland,

  • F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 32(2)(a) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 11(8), 72(4)(a); S.I. 2017/608, reg. 2(1)(i)

F5S. 32(4): definition of "Judicial Committee" repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 146, 148(1), Sch. 9 para. 95(c), Sch. 18 Pt. 5; S.I. 2009/1604, art. 2