The Scotland Act 1998 (Transitory and Transitional Provisions) (Grants to Members and Officeholders) Order 1999

Explanatory Note

(This note is not part of the Order)

This Order makes transitional provision for the payment by the Parliamentary corporation of resettlement grants and ill-health retirement grants to members of the Scottish Parliament, and of severance grants to holders of certain offices.

A resettlement grant is payable under article 3 to a member who, at a general election to the Parliament, does not stand for re-election, or who stands but is not re-elected. The amount of the grant is a percentage of the member’s salary, determined by reference to the person’s age and length of service as a member of the Parliament.

An ill-health retirement grant may be paid under article 4 to a member who resigns his seat on grounds of ill-health before attaining the age of 65. It is equal to the level of resettlement grant which would have been payable under article 3, had that been applicable on the person’s ceasing to be a member of the Parliament. The Parliamentary corporation must be satisfied, among other things, about the person’s ill health before any entitlement to payment arises.

A severance grant is payable under article 6 to an office holder who ceases to hold that office before attaining the age of 65 and does not again become an office holder within three, or in some circumstances six, weeks thereafter. An office holder is defined in article 6(4) to include, among others, any member of the Scottish Executive (apart from the First Minister) and any Junior Scottish Minister.

By virtue of article 8, any grant paid under the Order is exempt from income tax.