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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Scotland Act 1998. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
1(1)An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, any of the following provisions.E+W+S+N.I.
(2)The provisions are—
(b)the M3Private Legislation Procedure (Scotland) Act 1936,
(c)the following provisions of the M4European Communities Act 1972—
Section 1 and Schedule 1,
Section 2, other than subsection (2), the words following “such Community obligation” in subsection (3) and the words “subject to Schedule 2 to this Act” in subsection (4),
Section 3(1) and (2),
(d)paragraphs 5(3)(b) and 15(4)(b) of Schedule 32 to the M5Local Government, Planning and Land Act 1980 (designation of enterprise zones),
(e)sections 140A to 140G of the M6Social Security Administration Act 1992 (rent rebate and rent allowance subsidy and council tax benefit),
(f)the M7Human Rights Act 1998.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
2(1)An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, the law on reserved matters.E+W+S+N.I.
(2)In this paragraph, “the law on reserved matters” means—
(a)any enactment the subject-matter of which is a reserved matter and which is comprised in an Act of Parliament or subordinate legislation under an Act of Parliament, and
(b)any rule of law which is not contained in an enactment and the subject-matter of which is a reserved matter,
and in this sub-paragraph “Act of Parliament” does not include this Act.
(3)Sub-paragraph (1) applies in relation to a rule of Scots private law or Scots criminal law (whether or not contained in an enactment) only to the extent that the rule in question is special to a reserved matter or the subject-matter of the rule is—
(a)interest on sums due in respect of taxes or excise duties and refunds of such taxes or duties, or
(b)the obligations, in relation to occupational or personal pension schemes, of the trustees or managers [F1or]
[F1(c)the obligations under an order made by virtue of section 12A(2) or (3) of the Family Law (Scotland) Act 1985 M8(orders relating to pensions lump sums) of the person responsible for a pension arrangement other than an occupational or personal pension scheme; or
(d)the obligations under Chapter I of Part IV of the Welfare Reform and Pensions Act 1999 M9(sharing of rights under pension arrangements) of the person responsible for such a pension arrangement; or
(e)the effect of Chapter II of Part IV of that Act of 1999 (sharing of rights in state pension schemes) as read with Part II of the Social Security Contributions and Benefits Act 1992 M10(contributory benefits).]
[F2(4)In sub paragraph (3)(c) “pension arrangement” and “person responsible for a pension arrangement” have the same meaning as in section 27(1) of the Family Law (Scotland) Act 1985.]
3(1)Paragraph 2 does not apply to modifications which—E+W+S+N.I.
(a)are incidental to, or consequential on, provision made (whether by virtue of the Act in question or another enactment) which does not relate to reserved matters, and
(b)do not have a greater effect on reserved matters than is necessary to give effect to the purpose of the provision.
(2)In determining for the purposes of sub-paragraph (1)(b) what is necessary to give effect to the purpose of a provision, any power to make laws other than the power of the Parliament is to be disregarded.
4(1)An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, this Act.E+W+S+N.I.
(2)This paragraph does not apply to modifying sections 1(4), 17(5), 19(7), 21(5), 24(2), 28(5), 39(7), 40 to 43, 50, 69(3), 85 [F3, 93 and 97] and paragraphs 4(1) to (3) and 6(1) of Schedule 2.
(3)This paragraph does not apply to modifying any provision of this Act (other than sections 64(7), 66(2), 71(7), 77, 78 and 119) which—
(a)charges any sum on the Scottish Consolidated Fund,
(b)requires any sum to be paid out of that Fund without further approval, F4. . .
[F5(c)requires any sum to be payable out of that Fund, or
(d)]requires or authorises the payment of any sum into that Fund.
(4)This paragraph does not apply to any modifications of Part III which are necessary or expedient for the purpose or in consequence of the establishment of a new fund, in addition to the Scottish Consolidated Fund, out of which loans may be made by the Scottish Ministers.
(5)This paragraph does not apply to—
(a)modifying so much of any enactment as is modified by this Act,
(b)repealing so much of any provision of this Act as amends any enactment, if the provision ceases to have effect in consequence of any enactment comprised in or made under an Act of the Scottish Parliament.
[F64A(1)Paragraph 4 does not apply to prevent an Act of the Scottish Parliament modifying this Act to make provision requiring any proceedings to which this paragraph applies to be brought before the end of the relevant period.S
(2)This paragraph applies to any proceedings against the Scottish Ministers or a member of the Scottish Executive that may, by virtue of this Act, be brought in any court or tribunal by any person (other than a person mentioned in sub-paragraph (3)) on the ground that an act of the Scottish Ministers or of a member of the Scottish Executive is incompatible with the Convention rights.
(3)This paragraph does not apply to proceedings brought by the Lord Advocate, the Advocate General, the Attorney General, the Attorney General for Northern Ireland or the Advocate General for Northern Ireland.
(4)In sub-paragraph (1) “relevant period” in relation to any proceedings to which this paragraph applies means–
(a)the period of one year beginning with the date on which the act complained of took place; or
(b)such longer period as the court or tribunal considers equitable having regard to all the circumstances.
(5)An Act of the Scottish Parliament may provide for the provision mentioned in sub-paragraph (1) to have effect subject to any rule imposing a stricter time limit in relation to the procedure in question.
(6)In this paragraph “act” does not include the making of any legislation but it does include any other act or failure to act (including a failure to make legislation).]
5An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify—E+W+S+N.I.
(a)the effect of section 119(3) in relation to any provision of an Act of Parliament relating to judicial salaries,
(b)so much of any enactment as—
(i)is amended by paragraph 2, 7 or 32 of Schedule 8, and
(ii)relates to the Advocate General,
(c)so much of any enactment as is amended by paragraph 9(b) or 29 of Schedule 8.
6An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, any enactment so far as the enactment relates to powers exercisable by a Minister of the Crown by virtue of section 56.E+W+S+N.I.
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