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Scotland Act 1998

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Part IU.K. The protected provisions

Particular enactmentsU.K.

1(1)An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, any of the following provisions.U.K.

(2)The provisions are—

(a)Articles 4 and 6 of the M1Union with Scotland Act 1706 and of the M2Union with England Act 1707 so far as they relate to freedom of trade,

(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),

  • Section 11(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.

The law on reserved mattersU.K.

2(1)An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, the law on reserved matters.

(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.

(4)Sub-paragraph (3)(b) extends to cases where liabilities under orders made in matrimonial proceedings, or agreements made between the parties to a marriage, are to be satisfied out of assets of the scheme.

3(1)Paragraph 2 does not apply to modifications which—U.K.

(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.

This ActU.K.

4(1)An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, this Act.

(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 and 93 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, or

(c)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.

Valid from 11/06/2009

[F14A(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).]

Enactments modified by this ActU.K.

5U.K.An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify—

(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.

Shared powersU.K.

6U.K.An 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.

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