Search Legislation

Scotland Act 2016

Status:

This is the original version (as it was originally enacted).

11Super-majority requirement for certain legislation

This section has no associated Explanatory Notes

(1)The Scotland Act 1998 is amended as follows.

(2)Section 31 (scrutiny of Bills before introduction) is amended as follows.

(3)In the heading for “before introduction” substitute “for legislative competence and protected subject-matter”.

(4)After subsection (2) insert—

(2A)The Presiding Officer shall, after the last time when a Bill may be amended but before the decision whether to pass or reject it, decide whether or not in his view any provision of the Bill relates to a protected subject-matter and state his decision.

(5)At the end insert—

(4)For the purposes of this Part a provision of a Bill relates to a protected subject-matter if it would modify, or confer power to modify, any of the matters listed in subsection (5) (but not if the provision is incidental to or consequential on another provision of the Bill).

(5)The matters are—

(a)the persons entitled to vote as electors at an election for membership of the Parliament,

(b)the system by which members of the Parliament are returned,

(c)the number of constituencies, regions or any equivalent electoral area, and

(d)the number of members to be returned for each constituency, region or equivalent electoral area.

(6)After that section insert—

31ATwo-thirds majority for Bills relating to a protected subject-matter

If the Presiding Officer states under section 31(2A) that in his view any provision of a Bill relates to a protected subject-matter, the Bill is not passed unless the number of members voting in favour of it at the final stage is at least two-thirds of the total number of seats for members of the Parliament.

(7)Section 32 (submission of Bills for Royal Assent) is amended as follows.

(8)In subsection (2)(a) after “under section” insert “32A or”.

(9)After subsection (2) insert—

(2A)The Presiding Officer shall not submit a Bill for Royal Assent if the Supreme Court has decided on a reference made in relation to the Bill under section 32A(2)(b) that any provision of the Bill relates to a protected subject-matter, unless since the decision the Bill has been approved in accordance with standing orders made by virtue of section 36(5).

(10)After that section insert—

32AScrutiny of Bills by the Supreme Court (protected subject-matter)

(1)The Advocate General, the Lord Advocate or the Attorney General may refer the question of whether a Bill or any provision of a Bill relates to a protected subject-matter to the Supreme Court for decision.

(2)Subject to subsection (3), he may make a reference in relation to a Bill—

(a)at any time during the period of four weeks beginning with the rejection of the Bill, if the Presiding Officer has made a statement under section 31(2A) that in his view any provision of the Bill relates to a protected subject-matter, and

(b)at any time during the period of four weeks beginning with the passing of the Bill, if the Presiding Officer has made a statement under section 31(2A) that in his view no provision of the Bill relates to a protected subject-matter, unless the number of members voting in favour of the Bill at its passing is at least two-thirds of the total number of seats for members of the Parliament.

(3)He shall not make a reference in relation to a Bill if he has notified the Presiding Officer that he does not intend to make a reference in relation to the Bill, unless since the notification the Bill has been approved or rejected in accordance with standing orders made by virtue of section 36(5).

(11)Section 33 (scrutiny of Bills by the Supreme Court) is amended as follows.

(12)In the heading after “Supreme Court” insert “(legislative competence)”.

(13)In subsection (2)(b) omit “subsequent”.

(14)In section 35(3) (power to intervene in certain cases)—

(a)in paragraph (b) omit “subsequent”, and

(b)in paragraph (c) after “section” insert “32A(2)(b) or”.

(15)Section 36 (stages of Bills) is amended as follows.

(16)In subsection (4) after paragraph (a) insert—

(aa)the Supreme Court decides on a reference made in relation to the Bill under section 32A(2)(b) that any provision of the Bill relates to a protected subject-matter,.

(17)After that subsection insert—

(4A)Standing orders shall provide for an opportunity for the reconsideration of a Bill after its rejection if (and only if), on a reference made in relation to the Bill under section 32A(2)(a), the Supreme Court decides that no provision that is subject to the reference relates to a protected subject-matter.

(18)In subsection (5) for “any Bill amended on reconsideration” substitute

(a)any Bill amended on reconsideration in accordance with standing orders made by virtue of subsection (4)(a), (b) or (c), and

(b)any Bill reconsidered in accordance with standing orders made by virtue of subsection (4)(aa) or (4A),.

(19)In subsection (6)—

(a)after “28(2)” insert “, 31(2A), 31A, 32A(2)(b)”;

(b)for “which has been amended on reconsideration” substitute “to which subsection (5)(a) or (b) applies.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources