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Scotland Act 1998

1998 CHAPTER 46

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    The Scottish Parliament

    1. The Scottish Parliament

      1. 1. The Scottish Parliament.

    2. General elections

      1. 2. Ordinary general elections.

      2. 3. Extraordinary general elections.

      3. 4. Calculating time for meeting of the Parliament.

      4. 5. Candidates.

      5. 6. Poll for regional members.

      6. 7. Calculation of regional figures.

      7. 8. Allocation of seats to regional members.

    3. Vacancies

      1. 9. Constituency vacancies.

      2. 10. Regional vacancies.

    4. Franchise and conduct of elections

      1. 11. Electors.

      2. 12. Power to make provision about elections.

    5. Duration of membership

      1. 13. Term of office of members.

      2. 14. Resignation of members.

    6. Disqualification

      1. 15. Disqualification from membership of the Parliament.

      2. 16. Exceptions and relief from disqualification.

      3. 17. Effect of disqualification.

      4. 18. Judicial proceedings as to disqualification.

    7. Presiding Officer and administration

      1. 19. Presiding Officer.

      2. 20. Clerk of the Parliament.

      3. 21. Scottish Parliamentary Corporate Body.

    8. Proceedings etc.

      1. 22. Standing orders.

      2. 23. Power to call for witnesses and documents.

      3. 24. Witnesses and documents: notice.

      4. 25. Witnesses and documents: offences.

      5. 26. Witnesses and documents: general.

      6. 27. Participation of the Scottish Law Officers.

    9. Legislation

      1. 28. Acts of the Scottish Parliament.

      2. 29. Legislative competence.

      3. 30. Legislative competence: supplementary.

      4. 31. Scrutiny of Bills before introduction.

      5. 32. Submission of Bills for Royal Assent.

      6. 33. Scrutiny of Bills by the Judicial Committee.

      7. 34. ECJ references.

      8. 35. Power to intervene in certain cases.

      9. 36. Stages of Bills.

    10. Other provisions

      1. 37. Acts of Union.

      2. 38. Letters Patent and proclamations.

      3. 39. Members' interests.

    11. Legal issues

      1. 40. Proceedings by or against the Parliament etc.

      2. 41. Defamatory statements.

      3. 42. Contempt of court.

      4. 43. Corrupt practices.

  2. Part II

    The Scottish Administration

    1. Ministers and their staff

      1. 44. The Scottish Executive.

      2. 45. The First Minister.

      3. 46. Choice of the First Minister.

      4. 47. Ministers.

      5. 48. The Scottish Law Officers.

      6. 49. Junior Scottish Ministers.

      7. 50. Validity of acts of Scottish Ministers etc.

      8. 51. The Civil Service.

    2. Ministerial functions

      1. 52. Exercise of functions.

      2. 53. General transfer of functions.

      3. 54. Devolved competence.

      4. 55. Functions exercisable with agreement.

      5. 56. Shared powers.

      6. 57. Community law and Convention rights.

      7. 58. Power to prevent or require action.

    3. Property and liabilities

      1. 59. Property and liabilities of the Scottish Ministers.

      2. 60. Transfers to the Scottish Ministers.

      3. 61. Property and liabilities of the Lord Advocate and the First Minister.

      4. 62. Transfers to the Lord Advocate.

    4. Transfer of additional functions

      1. 63. Power to transfer functions.

  3. Part III

    Financial Provisions

    1. 64. Scottish Consolidated Fund.

    2. 65. Payments out of the Fund.

    3. 66. Borrowing by the Scottish Ministers etc.

    4. 67. Lending by the Secretary of State.

    5. 68. Borrowing by statutory bodies.

    6. 69. The Auditor General for Scotland.

    7. 70. Financial control, accounts and audit.

    8. 71. Existing debt.

    9. 72. Accounts of loans to the Scottish Ministers.

  4. Part IV

    The tax-varying power

    1. 73. Power to fix basic rate for Scottish taxpayers.

    2. 74. Supplemental provision with respect to resolutions.

    3. 75. Scottish taxpayers.

    4. 76. Changes to income tax structure.

    5. 77. Accounting for additional Scottish tax.

    6. 78. Effect of tax reduction for Scottish taxpayers.

    7. 79. Supplemental powers to modify enactments.

    8. 80. Reimbursement of expenses.

  5. Part V

    Miscellaneous and general

    1. Remuneration of members of the Parliament and Executive

      1. 81. Remuneration of members of the Parliament and Executive.

      2. 82. Limits on salaries of members of the Parliament.

      3. 83. Remuneration: supplementary.

    2. Other provision about members of the Parliament etc.

      1. 84. Oaths.

      2. 85. Exemption from jury service.

    3. Arrangements at Westminster

      1. 86. Scottish representation at Westminster.

      2. 87. The Advocate General for Scotland.

    4. Cross-border public authorities

      1. 88. Cross-border public authorities: initial status.

      2. 89. Power to adapt etc. cross-border public authorities.

      3. 90. Power to transfer property of cross-border public authorities.

    5. Miscellaneous

      1. 91. Maladministration.

      2. 92. Queen’s Printer for Scotland.

      3. 93. Agency arrangements.

      4. 94. Private legislation.

      5. 95. Appointment and removal of judges.

      6. 96. Provision of information to the Treasury.

      7. 97. Assistance for opposition parties.

    6. Juridical

      1. 98. Devolution issues.

      2. 99. Rights and liabilities of the Crown in different capacities.

      3. 100. Human rights.

      4. 101. Interpretation of Acts of the Scottish Parliament etc.

      5. 102. Powers of courts or tribunals to vary retrospective decisions.

      6. 103. The Judicial Committee.

    7. Supplementary powers

      1. 104. Power to make provision consequential on legislation of, or scrutinised by, the Parliament.

      2. 105. Power to make provision consequential on this Act.

      3. 106. Power to adapt functions.

      4. 107. Legislative power to remedy ultra vires acts.

      5. 108. Agreed redistribution of functions exercisable by the Scottish Ministers etc.

      6. 109. Agreed redistribution of property and liabilities.

      7. 110. Scottish taxpayers for social security purposes.

      8. 111. Regulation of Tweed and Esk fisheries.

  6. Part VI

    Supplementary

    1. Subordinate legislation

      1. 112. Subordinate legislation: general.

      2. 113. Subordinate legislation: scope of powers.

      3. 114. Subordinate legislation: particular provisions.

      4. 115. Subordinate legislation: procedure.

      5. 116. Transfer of property: supplementary.

    2. General modification of enactments

      1. 117. Ministers of the Crown.

      2. 118. Subordinate instruments.

      3. 119. Consolidated Fund etc.

      4. 120. Accounts and audit.

      5. 121. Requirements to lay reports etc. before Parliament.

      6. 122. Crown land.

      7. 123. Stamp duty.

      8. 124. Modification of sections 94 and 117 to 122.

    3. Amendments and repeals

      1. 125. Amendments and repeals.

    4. Final provisions

      1. 126. Interpretation.

      2. 127. Index of defined expressions.

      3. 128. Expenses.

      4. 129. Transitional provisions etc.

      5. 130. Commencement.

      6. 131. Extent.

      7. 132. Short title.

  7. Schedules:

    1. Schedule 1

      Constituencies, regions and regional members.

    2. Schedule 2

      Scottish Parliamentary Corporate Body.

    3. Schedule 3

      Standing orders – further provision.

    4. Schedule 4

      Enactments etc. protected from modification.

      1. Part I

        The protected provisions.

      2. Part II

        General exceptions.

      3. Part III

        Consequential modification of sections 53 and 54.

    5. Schedule 5

      Reserved matters.

      1. Part I

        General reservations.

      2. Part II

        Specific reservations.

      3. Part III

        General provisions.

    6. Schedule 6

      Devolution issues.

      1. Part I

        Preliminary.

      2. Part II

        Proceedings in Scotland.

      3. Part III

        Proceedings in England and Wales.

      4. Part IV

        Proceedings in Northern Ireland.

      5. Part V

        General.

    7. Schedule 7

      Procedure for subordinate legislation.

    8. Schedule 8

      Modifications of enactments.

    9. Schedule 9

      Repeals.

An Act to provide for the establishment of a Scottish Parliament and Administration and other changes in the government of Scotland; to provide for changes in the constitution and functions of certain public authorities; to provide for the variation of the basic rate of income tax in relation to income of Scottish taxpayers in accordance with a resolution of the Scottish Parliament; to amend the law about parliamentary constituencies in Scotland; and for connected purposes.

[19th November 1998]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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