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Scotland Act 2016

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Scotland Act 2016. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

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Changes and effects yet to be applied to :

  • s. 23(5) coming into force by S.I. 2017/455 reg. 3 (This S.I. is amended by S.I. 2019/1438, reg. 2, S.I. 2022/409, reg. 3 and S.I. 2023/395, reg. 2)
  • specified provision(s) amendment to earlier commencing S.I. 2017/455, reg. 3 by S.I. 2019/1438 reg. 2

  1. Introductory Text

  2. PART 1 Constitutional arrangements

    1. The Scottish Parliament and the Scottish Government

      1. 1.Permanence of the Scottish Parliament and Scottish Government

    2. The Sewel convention

      1. 2.The Sewel convention

    3. Elections etc

      1. 3.Elections

      2. 4.Power to make provision about elections

      3. 5.Timing of elections

      4. 6.Electoral registration: the digital service

      5. 7.Expenditure in connection with elections

      6. 8.Review of electoral boundaries by the Local Government Boundary Commission for Scotland

      7. 9.Functions exercisable within devolved competence: elections

      8. 10.Minor and consequential amendments: elections etc

    4. Legislation by the Parliament

      1. 11.Super-majority requirement for certain legislation

      2. 12.Scope to modify the Scotland Act 1998

  3. PART 2 Tax, borrowing and financial information

    1. Income tax

      1. 13.Power of Scottish Parliament to set rates of income tax

      2. 14.Amendments of Income Tax Act 2007

      3. 15.Consequential amendments: income tax

    2. Value added tax

      1. 16.Assignment of VAT

    3. Devolved taxes

      1. 17.Tax on carriage of passengers by air

      2. 18.Tax on commercial exploitation of aggregate

      3. 19.Devolved taxes: further provision

    4. Borrowing

      1. 20.Borrowing

    5. Information

      1. 21.Provision of information to the Office for Budget Responsibility

  4. PART 3 Welfare benefits and employment support

    1. Welfare benefits

      1. 22.Disability, industrial injuries and carer's benefits

      2. 23.Benefits for maternity, funeral and heating expenses

      3. 24.Discretionary payments: top-up of reserved benefits

      4. 25.Discretionary housing payments

      5. 26.Discretionary payments and assistance

      6. 27.Welfare foods

      7. 28.Power to create other new benefits

      8. 29.Universal credit: costs of claimants who rent accommodation

      9. 30.Universal credit: persons to whom, and time when, paid

    2. Employment support

      1. 31.Employment support

    3. General

      1. 32.Functions exercisable within devolved competence

      2. 33.Social Security Advisory Committee and Industrial Injuries Advisory Council

      3. 34.Information-sharing

      4. 35.Extension of unauthorised disclosure offence

  5. PART 4 Other legislative competence

    1. 36.Crown Estate

    2. 37.Equal opportunities

    3. 38.Public sector duty regarding socio-economic inequalities

    4. 39.Tribunals

    5. 40.Roads

    6. 41.Roads: traffic signs etc

    7. 42.Roads: speed limits

    8. 43.Roads: parking

    9. 44.Roads: consequential provision etc

    10. 45.Policing of railways and railway property

    11. 46.British Transport Police: cross-border public authorities

    12. 47.Onshore petroleum

    13. 48.Onshore petroleum: consequential amendments

    14. 49.Onshore petroleum: existing licences

    15. 50.Consumer advocacy and advice

    16. 51.Functions exercisable within devolved competence: consumer advocacy and advice

    17. 52.Gaming machines on licensed betting premises

    18. 53.Abortion

  6. PART 5 Other executive competence

    1. 54.Gaelic Media Service

    2. 55.Commissioners of Northern Lighthouses

    3. 56.Maritime and Coastguard Agency

    4. 57.Rail: franchising of passenger services

    5. 58.Fuel poverty: support schemes

    6. 59.Energy company obligations

    7. 60.Apportionment of targets

    8. 61.Renewable electricity incentive schemes: consultation

    9. 62.Offshore renewable energy installations

    10. 63.References to Competition and Markets Authority

  7. PART 6 Miscellaneous

    1. 64.Gas and Electricity Markets Authority

    2. 65.Office of Communications

    3. 66.Bodies that may be required to attend before the Parliament

    4. 67.Destination of fines, forfeitures and fixed penalties

  8. PART 7 General

    1. 68.Subordinate legislation under functions exercisable within devolved competence

    2. 69.Transfers of property etc to the Scottish Ministers

    3. 70.Transitional provision

    4. 71.Power to make consequential, transitional and saving provision

    5. 72.Commencement

    6. 73.Short title

  9. SCHEDULES

    1. SCHEDULE 1

      DISAPPLICATION OF UK AGGREGATES LEVY: FURTHER AMENDMENTS

      1. 1.Part 2 of The Finance Act 2001 (aggregates levy) is...

      2. 2.(1) Section 17 (meanings of “aggregate” and “taxable aggregate”) is...

      3. 3.(1) Section 19 (commercial exploitation) is amended as follows.

      4. 4.In section 20(1)(a) (originating sites) for “the United Kingdom” substitute...

      5. 5.(1) Section 24 (levy register) is amended as follows.

      6. 6.In section 26(3) (offence of failing to provide security for...

      7. 7.(1) Section 30 (credit for aggregates levy) is amended as...

      8. 8.In section 44(a) (destination of receipts collected or received in...

      9. 9.In section 48(1) (interpretation of Part 2) in the definition...

      10. 10.In Schedule 4 (registration), in paragraph 8(2) (interpretation of references...

      11. 11.In Schedule 6 (evasion etc), in paragraph 4(1)(a) (preparations for...

      12. 12.(1) Schedule 7 (information and evidence etc) is amended as...

      13. 13.In Schedule 23 to the Finance Act 2011 (data-gathering powers...

    2. SCHEDULE 2

      ROADS: CONSEQUENTIAL AND RELATED PROVISION

      1. PART 1 Amendments

        1. Road Traffic Regulation Act 1984 (c. 52)

          1. 1.The Road Traffic Regulation Act 1984 is amended as follows....

          2. 2.(1) Section 15 (duration of orders etc under section 14)...

          3. 3.(1) Section 16 (supplementary provision as to orders etc under...

          4. 4.In section 17 (traffic regulation on special roads)—

          5. 5.In section 24 (Secretary of State to establish crossings on...

          6. 6.In section 25(6)(b) (meaning of “crossing” in section 25 includes...

          7. 7.In section 28 (stopping of vehicles at school crossings) for...

          8. 8.(1) Section 86 (speed limits for particular classes of vehicles)...

          9. 9.In section 88 (temporary speed limits) for “national authority” in...

          10. 10.In section 124(1) (purposes of Schedule 9 etc) in paragraphs...

          11. 11.(1) Section 131 (application of road traffic enactments to Crown...

          12. 12.(1) Section 134 (regulations) is amended as follows.

          13. 13.In section 142(1) (general interpretation) omit the definition of “the...

          14. 14.(1) Part 1 of Schedule 9 (reserve powers of Secretary...

          15. 15.(1) Part 2 of Schedule 9 (consent of Secretary of...

          16. 16.(1) Part 3 of Schedule 9 (procedure as to certain...

          17. 17.(1) Part 4 of Schedule 9 (variation or revocation of...

          18. 18.In Part 5 of Schedule 9 (consultation with traffic commissioners),...

        2. Road Traffic Act 1988 (c. 52)

          1. 19.In section 195 of the Road Traffic Act 1988 (regulations)...

        3. Road Traffic (Temporary Restrictions) Procedure Regulations 1992 (S.I. 1992/1215)

          1. 20.The Road Traffic (Temporary Restrictions) Procedure Regulations 1992 are amended...

          2. 21.In regulation 9(1) (continuation of order by direction of Secretary...

          3. 22.In regulation 15(5) (modification of regulation 9 in its application...

        4. Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (S.I. 1997/2400)

          1. 23.The Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General...

          2. 24.(1) Part 1 (the Zebra, Pelican and Puffin Pedestrian Crossings...

          3. 25.(1) Part 2 (the Pelican and Puffin Pedestrian Crossings General...

        5. National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)

          1. 26.In Schedule 1 to the National Assembly for Wales (Transfer...

        6. Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999 (S.I. 1999/1750)

          1. 27.The Scotland Act 1998 (Transfer of Functions to the Scottish...

          2. 28.In Schedule 1 (enactments conferring functions transferred to the Scottish...

          3. 29.In Schedule 3 (enactments conferring functions to be exercised subject...

        7. Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113)

          1. 30.The Traffic Signs Regulations and General Directions 2002 are amended...

          2. 31.In Part 1 (the Traffic Signs Regulations 2002), in regulation...

          3. 32.(1) Part 2 (the Traffic Signs General Directions) is amended...

        8. Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2005 (S.I. 2005/849)

          1. 33.In the Schedule to the Scotland Act 1998 (Transfer of...

      2. PART 2 Exercise of powers by agreement

        1. Traffic Sign Powers

          1. 34.(1) Sub-paragraph (2) applies if the Secretary of State makes...

        2. Powers to exempt from speed limits

          1. 35.(1) Sub-paragraph (2) applies in relation to the first statutory...

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