http://www.legislation.gov.uk/ukpga/1998/46/contents/1999-05-06

Scotland Act 1998

An Act to provide for the establishment of a Scottish Parliament and Administration and other changes in the government of Scotland; to provide for changes in the constitution and functions of certain public authorities; to provide for the variation of the basic rate of income tax in relation to income of Scottish taxpayers in accordance with a resolution of the Scottish Parliament; to amend the law about parliamentary constituencies in Scotland; and for connected purposes.

1998-11-19

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text/xml

en

Statute Law Database

2024-04-09

1999-05-06

Scotland Act 1998

s. 110(2)

Scotland Act 2016

s. 15(1)

s. 13(14)

15(7)(a)

72(3)

Scotland Act 1998

s. 110(2)

Scotland Act 2012

Sch. 2

para. 1(2)(a)

s. 44(5)

Scotland Act 1998

s. 110(2)

Scotland Act 2012

Sch. 2

para. 1(2)(b)

s. 44(5)

Scotland Act 1998

s. 110(3)

Scotland Act 2012

Sch. 2

para. 1(2)(c)

s. 44(5)

Scotland Act 1998

s. 110(4)

Scotland Act 2012

Sch. 2

para. 1(2)(d)

s. 44(5)

Scotland Act 1998

Sch. 4

para. 4(3)

Scotland Act 2012

Sch. 2

para. 1(3)

s. 44(5)

Scotland Act 1998

Sch. 7

Scotland Act 2012

Sch. 2

para. 1(4)(a)

s. 44(5)

Scotland Act 1998

Sch. 7 Note

Scotland Act 2012

Sch. 2

para. 1(4)(b)(i)

s. 44(5)

Scotland Act 1998

Sch. 7 Note

Scotland Act 2012

Sch. 2

para. 1(4)(b)(ii)

s. 44(5)

Scotland Act 1998

Sch. 1

para. 3

Political Parties, Elections and Referendums Act 2000

Sch. 3

para. 18

Scotland Act 1998

Sch. 1

para. 4A

Political Parties, Elections and Referendums Act 2000

Sch. 3

para. 19

Scotland Act 1998

Sch. 1

para. 5(1)

Political Parties, Elections and Referendums Act 2000

Sch. 3

para. 20(2)

Scotland Act 1998

Sch. 1

para. 5(2)

Political Parties, Elections and Referendums Act 2000

Sch. 3

para. 20(3)

Scotland Act 1998

Sch. 1

para. 5(3)

(4)

Political Parties, Elections and Referendums Act 2000

Sch. 3

para. 20(4)

Scotland Act 1998

Sch. 1

para. 6(1)

Political Parties, Elections and Referendums Act 2000

Sch. 3

para. 21(2)

Scotland Act 1998

Sch. 1

para. 6(2)

Political Parties, Elections and Referendums Act 2000

Sch. 3

para. 21(3)

Scotland Act 1998

Sch. 1

para. 6(3)

Political Parties, Elections and Referendums Act 2000

Sch. 3

para. 21(5)

Scotland Act 1998

Sch. 1

para. 6(6)

(7)

Political Parties, Elections and Referendums Act 2000

Sch. 3

para. 21(5)

Scotland Act 1998

Sch. 1

para. 7

Political Parties, Elections and Referendums Act 2000

Sch. 3

para. 22

Scotland Act 1998

Sch. 1

para. 8(1)

Political Parties, Elections and Referendums Act 2000

Sch. 3

para. 23(a)

Scotland Act 1998

Sch. 1

para. 8(3)

Political Parties, Elections and Referendums Act 2000

Sch. 3

para. 23(b)

Scotland Act 1998

Sch. 1

para. 9

Political Parties, Elections and Referendums Act 2000

Sch. 3

para. 24

Scotland Act 1998

s. 110(2)

Finance Act 2014

Sch. 38

para. 16(8)(a)

Sch. 38

para. 16(12)

Scotland Act 1998

s. 110(2)

Finance Act 2014

Sch. 38

para. 16(8)(b)

Sch. 38

para. 16(12)

Scotland Act 1998

Sch. 7

para. 1

Finance Act 2014

Sch. 38

para. 16(11)

Sch. 38

para. 16(13)

Scotland Act 1998

Sch. 7

para. 1(2)

Finance Act 2014

Sch. 38

para. 16(10)(a)

Sch. 38

para. 16(13)

Scotland Act 1998

s. 90B(12)(d)

Energy Act 2023

Sch. 17

para. 12

s. 334(1)

Scotland Act 1998

Part I The Scottish Parliament

The Scottish Parliament

1 The Scottish Parliament.

General elections

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.

Disqualification

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.

Proceedings etc.

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 Judicial Committee.

34 ECJ references.

35 Power to intervene in certain cases.

36 Stages of Bills.

Other provisions

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.

Ministerial functions

52 Exercise of functions.

53 General transfer of functions.

54 Devolved competence.

55 Functions exercisable with agreement.

56 Shared powers.

57 Community 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.

91 Maladministration.

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.

Supplementary powers

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

Subordinate legislation

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.

Final provisions

126 Interpretation.

127 Index of defined expressions.

129 Transitional provisions etc.

130 Commencement.

132 Short title.

SCHEDULE 1 Constituencies, regions and regional members

1The constituencies for the purposes of this Act are—

2(1) There shall be eight regions for the purposes of...

Reports of Boundary Commission

Proposed recommendations by Boundary Committee for Scotland

4A(1) When the Boundary Committee for Scotland provisionally determine (in...

5(1) Where the Commission have provisionally determined to make recommendations...

Local inquiries

6(1) The Commission may, if they think fit, cause a...

7(1) The rules referred to in paragraph 3 are: 1....

8(1) For the purposes of any report of the Commission...

9In this Schedule— “the 1986 Act” means the Parliamentary Constituencies...

SCHEDULE 2 Scottish Parliamentary Corporate Body

1A 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...

5The 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...

SCHEDULE 3 Standing orders – further provision

Preservation of order

1(1) The standing orders shall include provision for preserving order...

Withdrawal of rights and privileges

2The 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

4The standing orders shall include provision for reporting the proceedings...

The Presiding Officer and deputies

5The standing orders shall include provision for ensuring that the...

6(1) Standing orders which provide for the appointment of committees...

Crown interests

7The standing orders shall include provision for ensuring that a...

SCHEDULE 4 Enactments etc. protected from modification

Part I The protected provisions

Particular enactments

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

5An Act of the Scottish Parliament cannot modify, or confer...

6An Act of the Scottish Parliament cannot modify, or confer...

Part II General exceptions

Restatement, etc.

7(1) Part I of this Schedule does not prevent an...

Effect of Interpretation Act 1978

8Part 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

10Part I of this Schedule does not prevent an Act...

Subordinate legislation

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...

14If any pre-commencement enactment or prerogative instrument is modified by...

SCHEDULE 5 Reserved matters

Part I General reservations

The Constitution

1The 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...

5Paragraph 1 does not reserve the use of the Scottish...

Political parties

6The 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...

10Treason (including constructive treason), treason felony and misprision of treason...

Part II Specific reservations

1The matters to which any of the Sections in this...

2A Section applies to any matter described or referred to...

3Any 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

B5. Entertainment

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

B11. Extradition

B12. Lieutenancies

B13Access to information

Head C – Trade and Industry

C1. Business associations

C3. Competition

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

C11. Post Office, posts and postal services

C12. Research Councils

C13. Designation of assisted areas

C14. Industrial Development Advisory Board

C15. Protection of trading and economic interests

Head D – Energy

D1. Electricity

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

J2. Xenotransplantation

J3. Embryology, surrogacy and genetics

J4. Medicines, medical supplies and poisons

J5. Welfare foods

Head K – Media and Culture

K1. Broadcasting

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...

2Paragraph 1 of Part I of this Schedule does not...

Reserved bodies

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...

SCHEDULE 6 Devolution issues

Part I Preliminary

1In this Schedule “devolution issue” means— (a) a question whether...

2A devolution issue shall not be taken to arise in...

Part II Proceedings in Scotland

Application of Part II

3This 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

5Intimation of any devolution issue which arises in any proceedings...

6A person to whom intimation is given in pursuance of...

Reference of devolution issue to higher court

7A court, other than the House of Lords or any...

8A tribunal from which there is no appeal shall refer...

9A court, other than any court consisting of two or...

References from superior courts to Judicial Committee

10Any court consisting of three or more judges of the...

11Any court consisting of two or more judges of the...

Appeals from superior courts to Judicial Committee

12An appeal against a determination of a devolution issue by...

13An appeal against a determination of a devolution issue by—...

Part III Proceedings in England and Wales

Application of Part III

14This Part of this Schedule applies in relation to devolution...

Institution of proceedings

15(1) Proceedings for the determination of a devolution issue may...

Notice of devolution issue

16A court or tribunal shall order notice of any devolution...

17A person to whom notice is given in pursuance of...

Reference of devolution issue to High Court or Court of Appeal

18A magistrates’ court may refer any devolution issue which arises...

19(1) A court may refer any devolution issue which arises...

20A tribunal from which there is no appeal shall refer...

21A court, other than the House of Lords or the...

References from Court of Appeal to Judicial Committee

22The Court of Appeal may refer any devolution issue which...

Appeals from superior courts to Judicial Committee

23An appeal against a determination of a devolution issue by...

Part IV Proceedings in Northern Ireland

Application of Part IV

24This Part of this Schedule applies in relation to devolution...

Institution of proceedings

25(1) Proceedings for the determination of a devolution issue may...

Notice of devolution issue

26A court or tribunal shall order notice of any devolution...

27A person to whom notice is given in pursuance of...

Reference of devolution issue to Court of Appeal

28A court, other than the House of Lords or the...

29A tribunal from which there is no appeal shall refer...

References from Court of Appeal to Judicial Committee

30The Court of Appeal in Northern Ireland may refer any...

Appeals from Court of Appeal to Judicial Committee

31An appeal against a determination of a devolution issue by...

Proceedings in the House of Lords

32Any devolution issue which arises in judicial proceedings in the...

Direct references to Judicial Committee

33The Lord Advocate, the Advocate General, the Attorney General or...

34The 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

37Any power to make provision for regulating the procedure before...

38Any duty or power conferred by this Schedule to refer...

SCHEDULE 7 Procedure for subordinate legislation

General provision

1(1) Subordinate legislation (or a statutory instrument containing it) under...

Types of procedure

2The types of procedure referred to in this Schedule are—...

3(1) This paragraph applies if— (a) the instrument containing the...

4If legislation under section 129(1) makes provision as mentioned in...

5(1) An instrument containing an Order in Council or order...

SCHEDULE 8 Modifications of enactments

Public Revenue (Scotland) Act 1833 (c.13)

1In 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)

4In the Administration of Justice (Scotland) Act 1933, in sections...

Private Legislation Procedure (Scotland) Act 1936 (c.52)

5In section 1 of the Private Legislation Procedure (Scotland) Act...

United Nations Act 1946 (c.45)

6In 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)

8In section 1(1) of the Public Registers and Records (Scotland)...

Lands Tribunal Act 1949 (c.42)

9In section 2 of the Lands Tribunal Act 1949 (members...

Defamation Act 1952 (c.66)

10In section 10 of the Defamation Act 1952 (limitation on...

Defamation Act (Northern Ireland) 1955 (c.11 (N.I.))

11In section 10(2) of the Defamation Act (Northern Ireland) 1955...

Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c.49)

12In section 1(1) of the Registration of Births, Deaths and...

Pensions (Increase) Act 1971 (c.56)

13In Part II of Schedule 2 to the Pensions (Increase)...

Superannuation Act 1972 (c.11)

14In 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)

17In 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)

19In section 141 of the Mental Health Act 1983 (members...

National Audit Act 1983 (c.44)

20Sections 6 and 7 of the National Audit Act 1983...

Tourism (Overseas Promotion) (Scotland) Act 1984 (c.4)

21In section 1 of the Tourism (Overseas Promotion) (Scotland) Act...

Bankruptcy (Scotland) Act 1985 (c.66)

22For 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)

24In 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)

28In section 6 of the European Communities (Amendment) Act 1993...

Scottish Land Court Act 1993 (c.45)

29In section 1 of the Scottish Land Court Act 1993...

Value Added Tax Act 1994 (c.23)

30In section 41 of the Value Added Tax Act 1994...

Requirements of Writing (Scotland) Act 1995 (c.7)

31In 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)

34In section 6 of the Damages Act 1996 (guarantees for...

SCHEDULE 9 Repeals

Scotland Act 1998

1998 c. 46