Part I The Scottish Parliament
The Scottish Parliament
1. The Scottish Parliament.
2. Ordinary general elections.
3. Extraordinary general elections.
4. Calculating time for meeting of the Parliament.
6. Poll for regional members.
7. Calculation of regional figures.
8. Allocation of seats to regional members.
9. Constituency vacancies.
10. Regional vacancies.
Franchise and conduct of elections
12. Power to make provision about elections.
Duration of membership
13. Term of office of members.
14. Resignation of members.
15. Disqualification from membership of the Parliament.
16. Exceptions and relief from disqualification.
17. Effect of disqualification.
18. Judicial proceedings as to disqualification.
Presiding Officer and administration
19. Presiding Officer.
20. Clerk of the Parliament.
21. Scottish Parliamentary Corporate Body.
22. Standing orders.
23. Power to call for witnesses and documents.
24. Witnesses and documents: notice.
25. Witnesses and documents: offences.
26. Witnesses and documents: general.
27. Participation of the Scottish Law Officers.
28. Acts of the Scottish Parliament.
29. Legislative competence.
30. Legislative competence: supplementary.
31. Scrutiny of Bills before introduction.
32. Submission of Bills for Royal Assent.
33. Scrutiny of Bills by the Supreme Court.
34. ECJ references.
35. Power to intervene in certain cases.
36. Stages of Bills.
37. Acts of Union.
38. Letters Patent and proclamations.
39. Members’ interests.
40. Proceedings by or against the Parliament etc.
41. Defamatory statements.
42. Contempt of court.
43. Corrupt practices.
Part II The Scottish Administration
Ministers and their staff
44. The Scottish Executive.
45. The First Minister.
46. Choice of the First Minister.
48. The Scottish Law Officers.
49. Junior Scottish Ministers.
50. Validity of acts of Scottish Ministers etc.
51. The Civil Service.
52. Exercise of functions.
53. General transfer of functions.
54. Devolved competence.
55. Functions exercisable with agreement.
56. Shared powers.
57.EU law and Convention rights.
58. Power to prevent or require action.
Property and liabilities
59. Property and liabilities of the Scottish Ministers.
60. Transfers to the Scottish Ministers.
61. Property and liabilities of the Lord Advocate and the First Minister.
62. Transfers to the Lord Advocate.
Transfer of additional functions
63. Power to transfer functions.
Part III Financial Provisions
64. Scottish Consolidated Fund.
65. Payments out of the Fund.
66. Borrowing by the Scottish Ministers etc.
67. Lending by the Secretary of State.
68. Borrowing by statutory bodies.
69. The Auditor General for Scotland.
70. Financial control, accounts and audit.
71. Existing debt.
72. Accounts of loans to the Scottish Ministers.
Part IV The tax-varying power
73. Power to fix basic rate for Scottish taxpayers.
74. Supplemental provision with respect to resolutions.
75. Scottish taxpayers.
76. Changes to income tax structure.
77. Accounting for additional Scottish tax.
78. Effect of tax reduction for Scottish taxpayers.
79. Supplemental powers to modify enactments.
80. Reimbursement of expenses.
Part V Miscellaneous and general
Remuneration of members of the Parliament and Executive
81. Remuneration of members of the Parliament and Executive.
82. Limits on salaries of members of the Parliament.
83. Remuneration: supplementary.
Other provision about members of the Parliament etc.
85. Exemption from jury service.
Arrangements at Westminster
86. Scottish representation at Westminster.
87. The Advocate General for Scotland.
Cross-border public authorities
88. Cross-border public authorities: initial status.
89. Power to adapt etc. cross-border public authorities.
90. Power to transfer property of cross-border public authorities.
92. Queen’s Printer for Scotland.
93. Agency arrangements.
94. Private legislation.
95. Appointment and removal of judges.
96. Provision of information to the Treasury.
97. Assistance for opposition parties.
98. Devolution issues.
99. Rights and liabilities of the Crown in different capacities.
100. Human rights.
101. Interpretation of Acts of the Scottish Parliament etc.
102. Powers of courts or tribunals to vary retrospective decisions.
103. The Judicial Committee.
104. Power to make provision consequential on legislation of, or scrutinised by, the Parliament.
105. Power to make provision consequential on this Act.
106. Power to adapt functions.
107. Legislative power to remedy ultra vires acts.
108. Agreed redistribution of functions exercisable by the Scottish Ministers etc.
109. Agreed redistribution of property and liabilities.
110. Scottish taxpayers for social security purposes.
111. Regulation of Tweed and Esk fisheries.
Part VI Supplementary
112. Subordinate legislation: general.
113. Subordinate legislation: scope of powers.
114. Subordinate legislation: particular provisions.
115. Subordinate legislation: procedure.
116. Transfer of property: supplementary.
General modification of enactments
117. Ministers of the Crown.
118. Subordinate instruments.
119. Consolidated Fund etc.
120. Accounts and audit.
121. Requirements to lay reports etc. before Parliament.
122. Crown land.
123. Stamp duty.
124. Modification of sections 94 and 117 to 122.
Amendments and repeals
125. Amendments and repeals.
127. Index of defined expressions.
129. Transitional provisions etc.
132. Short title.
Constituencies, regions and regional members
1.(1) There are to be 73 constituencies for the purposes...
2.(1) There are to be eight regions for the purposes...
Reports of the Electoral Commission
3.(1) The Electoral Commission must keep under review the boundaries...
4.(1) This paragraph applies if the Electoral Commission submit a...
Review and proposed recommendations by Boundary Committee for Scotland
5.(1) If the Electoral Commission intend to consider making a...
Orders in Council
6.(1) The draft of an Order in Council laid before...
Notice of proposed report or recommendations
7.(1) If the Electoral Commission intend to consider making a...
8.(1) This paragraph applies if the Boundary Committee provisionally determine...
9.(1) The Boundary Committee may if they think fit cause...
10.(1) The Boundary Committee may if they think fit cause...
11.Section 210(4) and (5) of the Local Government (Scotland) Act...
The constituency rules
12.These are the constituency rules. Rule 1 (1) So far...
The regional rules
13.These are the regional rules. Rule 1 A constituency must...
14.(1) This paragraph applies for the purposes of the regional...
Scottish Parliamentary Corporate Body
1.A person appointed under section 21(2)(b) shall hold office until...
2.(1) The corporation may hold property. (2) Subordinate legislation may...
3.(1) The corporation shall appoint Assistant Clerks and may appoint...
4.(1) Subject to sub-paragraph (4), the corporation may do anything...
5.The corporation may delegate any of its functions to the...
Proceedings and business
6.(1) The validity of any act of the corporation shall...
7.(1) Her Majesty may by Order in Council provide for...
Standing orders – further provision
Preservation of order
1.(1) The standing orders shall include provision for preserving order...
Withdrawal of rights and privileges
2.The standing orders may include provision for withdrawing from a...
Proceedings to be in public
3.(1) The standing orders shall include provision requiring the proceedings...
Reporting and publishing proceedings
4.The standing orders shall include provision for reporting the proceedings...
The Presiding Officer and deputies
5.The standing orders shall include provision for ensuring that the...
6.(1) Standing orders which provide for the appointment of committees...
7.The standing orders shall include provision for ensuring that a...
Enactments etc. protected from modification
Part I The protected provisions
1.(1) An Act of the Scottish Parliament cannot modify, or...
The law on reserved matters
2.(1) An Act of the Scottish Parliament cannot modify, or...
3.(1) Paragraph 2 does not apply to modifications which—
4.(1) An Act of the Scottish Parliament cannot modify, or...
4A.(1) Paragraph 4 does not apply to prevent an Act...
Enactments modified by this Act
5.An Act of the Scottish Parliament cannot modify, or confer...
6.An Act of the Scottish Parliament cannot modify, or confer...
Part II General exceptions
7.(1) Part I of this Schedule does not prevent an...
Effect of Interpretation Act 1978
8.Part I of this Schedule does not prevent the operation...
Change of title etc.
9.(1) Part I of this Schedule does not prevent an...
Accounts and audit and maladministration
10.Part I of this Schedule does not prevent an Act...
11.(1) Part I of this Schedule does not prevent an...
Part III Consequential modification of sections 53 and 54
12.(1) This paragraph applies to a function which (apart from...
13.(1) Paragraph 12 does not apply to any function conferred...
14.If any pre-commencement enactment or prerogative instrument is modified by...
Part I General reservations
1.The following aspects of the constitution are reserved matters, that...
2.(1) Paragraph 1 does not reserve— (a) Her Majesty’s prerogative...
3.(1) Paragraph 1 does not reserve property belonging to Her...
4.(1) Paragraph 1 does not reserve property held by Her...
5.Paragraph 1 does not reserve the use of the Scottish...
6.The registration and funding of political parties is a reserved...
Foreign affairs etc.
7.(1) International relations, including relations with territories outside the United...
8.(1) The Civil Service of the State is a reserved...
9.(1) The following are reserved matters— (a) the defence of...
10.Treason (including constructive treason), treason felony and misprision of treason...
Part II Specific reservations
1.The matters to which any of the Sections in this...
2.A Section applies to any matter described or referred to...
3.Any illustrations, exceptions or interpretation provisions in a Section relate...
Head A – Financial and Economic Matters
A1. Fiscal, economic and monetary policy
A2. The currency
A3. Financial services
A4. Financial markets
A5. Money laundering
Head B – Home Affairs
B1. Misuse of drugs
B2. Data protection
B6. Immigration and nationality
B7.Scientific procedures on live animals
B8. National security, interception of communications, official secrets and terrorism
B9. Betting, gaming and lotteries
B10. Emergency powers
B13.Access to information
Head C – Trade and Industry
C1. Business associations
C4. Intellectual property
C5. Import and export control
C6. Sea fishing
C7. Consumer protection
C8. Product standards, safety and liability
C9. Weights and measures
C10. Telecommunications and wireless telegraphy
C12. Research Councils
C13. Designation of assisted areas
C14. Industrial Development Advisory Board
C15. Protection of trading and economic interests
Head D – Energy
D2. Oil and gas
D4. Nuclear energy
D5. Energy conservation
Head E – Transport
E1. Road transport
E2. Rail transport
E3. Marine transport
E4. Air transport
E5. Other matters
Head F – Social Security
F1. Social security schemes
F2. Child support
F3. Occupational and personal pensions
F4. War pensions
Head G – Regulation of the Professions
G2. Health professions
Head H – Employment
H1. Employment and industrial relations
H2. Health and safety
H3. Job search and support
Head J – Health and Medicines
J3. Embryology, surrogacy and genetics
J4. Medicines, medical supplies and poisons
J5. Welfare foods
Head K – Media and Culture
K2. Public lending right
K3. Government Indemnity Scheme
K4. Property accepted in satisfaction of tax
Head L – Miscellaneous
L1. Judicial remuneration
L2. Equal opportunities
L3. Control of weapons
L4. Ordnance survey
L6. Outer space
Part III General provisions
Scottish public authorities
1.(1) This Schedule does not reserve any Scottish public authority...
2.Paragraph 1 of Part I of this Schedule does not...
3.(1) The reservation of any body to which this paragraph...
Financial assistance to industry
4.(1) This Schedule does not reserve giving financial assistance to...
5.(1) References in this Schedule to the subject-matter of any...
Part I Preliminary
1.In this Schedule “devolution issue” means— (a) a question whether...
2.A devolution issue shall not be taken to arise in...
Part II Proceedings in Scotland
Application of Part II
3.This Part of this Schedule applies in relation to devolution...
Institution of proceedings
4.(1) Proceedings for the determination of a devolution issue may...
Intimation of devolution issue
5.Intimation of any devolution issue which arises in any proceedings...
6.A person to whom intimation is given in pursuance of...
Reference of devolution issue to higher court
7.A court, other than the Supreme Court or any court...
8.A tribunal from which there is no appeal shall refer...
9.A court, other than any court consisting of two or...
References from superior courts to Supreme Court
10.Any court consisting of three or more judges of the...
11.Any court consisting of two or more judges of the...
Appeals from superior courts to Supreme Court
12.An appeal against a determination of a devolution issue by...
13.An appeal against a determination of a devolution issue by—...
Part III Proceedings in England and Wales
Application of Part III
14.This Part of this Schedule applies in relation to devolution...
15.(1) Proceedings for the determination of a devolution issue may...
Notice of devolution issue
16.A court or tribunal shall order notice of any devolution...
17.A person to whom notice is given in pursuance of...
Reference of devolution issue to High Court or Court of Appeal
18.A magistrates’ court may refer any devolution issue which arises...
19.(1) A court may refer any devolution issue which arises...
20.A tribunal from which there is no appeal shall refer...
21.A court, other than the Supreme Court or the Court...
References from Court of Appeal to Supreme Court
22.The Court of Appeal may refer any devolution issue which...
23.An appeal against a determination of a devolution issue by...
Part IV Proceedings in Northern Ireland
Application of Part IV
24.This Part of this Schedule applies in relation to devolution...
25.(1) Proceedings for the determination of a devolution issue may...
26.A court or tribunal shall order notice of any devolution...
27.A person to whom notice is given in pursuance of...
Reference of devolution issue to Court of Appeal
28.A court, other than the Supreme Court or the Court...
29.A tribunal from which there is no appeal shall refer...
30.The Court of Appeal in Northern Ireland may refer any...
Appeals from Court of Appeal to Supreme Court
31.An appeal against a determination of a devolution issue by...
Part V General
32.Any devolution issue which arises in judicial proceedings in the...
Direct references to Supreme Court
33.The Lord Advocate, the Advocate General, the Attorney General or...
34.The Lord Advocate, the Attorney General, the Advocate General or...
35.(1) This paragraph applies where a reference is made under...
36.(1) A court or tribunal before which any proceedings take...
Procedure of courts and tribunals
37.Any power to make provision for regulating the procedure before...
38.Any duty or power conferred by this Schedule to refer...
Procedure for subordinate legislation
1.(1) Subordinate legislation (or a statutory instrument containing it) under...
Types of procedure
2.The types of procedure referred to in this Schedule are—...
3.(1) This paragraph applies if— (a) the instrument containing the...
4.If legislation under section 129(1) makes provision as mentioned in...
5.(1) An instrument containing an Order in Council or order...
Modifications of enactments
Public Revenue (Scotland) Act 1833 (c.13)
1.In section 2 of the Public Revenue (Scotland) Act 1833...
Crown Suits (Scotland) Act 1857 (c.44)
2.(1) The Crown Suits (Scotland) Act 1857 is amended as...
Sheriff Courts and Legal Officers (Scotland) Act 1927 (c.35)
3.(1) The Sheriff Courts and Legal Officers (Scotland) Act 1927...
Administration of Justice (Scotland) Act 1933 (c.41)
4.In the Administration of Justice (Scotland) Act 1933, in sections...
Private Legislation Procedure (Scotland) Act 1936 (c.52)
5.In section 1 of the Private Legislation Procedure (Scotland) Act...
United Nations Act 1946 (c.45)
6.In section 1 of the United Nations Act 1946 (measures...
Crown Proceedings Act 1947 (c.44)
7.(1) The Crown Proceedings Act 1947 is amended as follows....
Public Registers and Records (Scotland) Act 1948 (c.57)
8.In section 1(1) of the Public Registers and Records (Scotland)...
Lands Tribunal Act 1949 (c.42)
9.In section 2 of the Lands Tribunal Act 1949 (members...
Defamation Act 1952 (c.66)
10.In section 10 of the Defamation Act 1952 (limitation on...
Defamation Act (Northern Ireland) 1955 (c.11 (N.I.))
11.In section 10(2) of the Defamation Act (Northern Ireland) 1955...
Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c.49)
12.In section 1(1) of the Registration of Births, Deaths and...
Pensions (Increase) Act 1971 (c.56)
13.In Part II of Schedule 2 to the Pensions (Increase)...
Superannuation Act 1972 (c.11)
14.In section 1(6) of the Superannuation Act 1972 (superannuation as...
European Communities Act 1972 (c.68)
15.(1) The European Communities Act 1972 is amended as follows....
Interpretation Act 1978 (c.30)
16.(1) The Interpretation Act 1978 is amended as follows.
Education (Scotland) Act 1980 (c.44)
17.In section 135(1) of the Education (Scotland) Act 1980 (interpretation),...
Civil Jurisdiction and Judgments Act 1982 (c.27)
18.(1) Section 46 of the Civil Jurisdiction and Judgments Act...
Mental Health Act 1983 (c.20)
19.In section 141 of the Mental Health Act 1983 (members...
National Audit Act 1983 (c.44)
20.Sections 6 and 7 of the National Audit Act 1983...
Tourism (Overseas Promotion) (Scotland) Act 1984 (c.4)
21.In section 1 of the Tourism (Overseas Promotion) (Scotland) Act...
Bankruptcy (Scotland) Act 1985 (c.66)
22.For section 1 of the Bankruptcy (Scotland) Act 1985 there...
Insolvency Act 1986 (c.45)
23.(1) The Insolvency Act 1986 is amended as follows.
Public Order Act 1986 (c.64)
24.In section 26(1) of the Public Order Act 1986 (savings...
Copyright, Designs and Patents Act 1988 (c.48)
25.(1) The Copyright, Designs and Patents Act 1988 is amended...
Official Secrets Act 1989 (c.6)
26.(1) Section 12 of the Official Secrets Act 1989 (meaning...
Prisons (Scotland) Act 1989 (c.45)
27.(1) The Prisons (Scotland) Act 1989 is amended as follows....
European Communities (Amendment) Act 1993 (c.32)
28.In section 6 of the European Communities (Amendment) Act 1993...
Scottish Land Court Act 1993 (c.45)
29.In section 1 of the Scottish Land Court Act 1993...
Value Added Tax Act 1994 (c.23)
30.In section 41 of the Value Added Tax Act 1994...
Requirements of Writing (Scotland) Act 1995 (c.7)
31.In section 12(1) of the Requirements of Writing (Scotland) Act...
Criminal Procedure (Scotland) Act 1995 (c.46)
32.(1) The Criminal Procedure (Scotland) Act 1995 is amended as...
Defamation Act 1996 (c.31)
33.(1) The Defamation Act 1996 is amended as follows.
Damages Act 1996 (c.48)
34.In section 6 of the Damages Act 1996 (guarantees for...