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Scotland Act 1998

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This is the original version (as it was originally enacted).

Remuneration of members of the Parliament and Executive

81Remuneration of members of the Parliament and Executive

(1)The Parliament shall make provision for the payment of salaries to members of the Parliament and members of the Scottish Executive.

(2)The Parliament may make provision for the payment of allowances to members of the Parliament or members of the Scottish Executive.

(3)The Parliament may make provision for the payment of pensions, gratuities or allowances to, or in respect of, any person who—

(a)has ceased to be a member of the Parliament or the Scottish Executive, or

(b)has ceased to hold such office, employment or other post in connection with the Parliament or the Scottish Executive as the Parliament may determine but continues to be a member of the Parliament or the Scottish Executive.

(4)Such provision may, in particular, include provision for—

(a)contributions or payments towards provision for such pensions, gratuities or allowances,

(b)the establishment and administration (whether by the Parliamentary corporation or otherwise) of one or more pension schemes.

(5)In this section “provision” includes provision—

(a)by an Act of the Scottish Parliament, or

(b)by a resolution of the Parliament conferring functions on the Parliamentary corporation;

and references to a member of the Scottish Executive include a junior Scottish Minister.

82Limits on salaries of members of the Parliament

(1)The Parliament shall ensure that the amount of salary payable to a member of the Parliament in accordance with section 81 is reduced if any salary is payable to him—

(a)pursuant to a resolution (or combination of resolutions) of either House of Parliament relating to the remuneration of members of that House, or

(b)under section 1 of the [1979 c. 50.] European Parliament (Pay and Pensions) Act 1979 (remuneration of United Kingdom MEPs).

(2)The Parliament shall ensure that the amount of salary is reduced—

(a)to a particular proportion of what it would otherwise be or to a particular amount, or

(b)by the amount of any salary payable to the member as mentioned in subsection (1)(a) or (b), by a particular proportion of that amount or by some other particular amount.

83Remuneration: supplementary

(1)The Parliament shall ensure that information concerning sums paid as salaries, allowances, pensions or gratuities of the kind mentioned in section 81 is published for each financial year.

(2)No payment of salary or allowances of the kind mentioned in section 81(1) or (2) shall be made to a person who is required by section 84 to take an oath unless he has done so.

(3)Subsection (2) does not affect any entitlement to payments in respect of the period before the person concerned took the oath once he has done so.

(4)For the purposes of sections 81 and 82, a person who is a member of the Parliament immediately before the Parliament is dissolved shall be treated—

(a)if he continues to hold office by virtue of section 19(2) or paragraph 1 of Schedule 2, as if he were such a member until the end of the day on which he ceases to hold such office, and

(b)if he does not fall within paragraph (a) but is nominated as a candidate at the subsequent general election, as if he were such a member until the end of the day on which the election is held.

(5)Different provision may be made under section 81 or 82 for different cases.

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