Scotland Act 1998

• (2) The Lord Advocate may defend any such proceedings.

• (3) This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Notice of devolution issue

16

A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General and the Lord Advocate (unless the person to whom the notice would be given is a party to the proceedings).

17

A person to whom notice is given in pursuance of paragraph 16 may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to High Court or Court of Appeal

18

A magistrates’ court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the High Court.

19

• (1) A court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Court of Appeal.

• (2) Sub-paragraph (1) does not apply to—

• (a) a magistrates’ court, the Court of Appeal or the Supreme Court, or

• (b) the High Court if the devolution issue arises in proceedings on a reference under paragraph 18.

20

A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Court of Appeal; and any other tribunal may make such a reference.

21

A court, other than the Supreme Court or the Court of Appeal, may refer any devolution issue which arises in criminal proceedings before it to—

• (a) the High Court (if the proceedings are summary proceedings), or

• (b) the Court of Appeal (if the proceedings are proceedings on indictment).

References from Court of Appeal to Supreme Court

22

The Court of Appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 19, 20 or 21) to the Supreme Court.

Appeals from superior courts to Supreme Court

23

An appeal against a determination of a devolution issue by the High Court or the Court of Appeal on a reference under paragraph 18, 19, 20 or 21 shall lie to the Supreme Court, but only with permission of the High Court or (as the case may be) the Court of Appeal or, failing such permission, with permission of the Supreme Court.

Part IV — Proceedings in Northern Ireland

Application of Part IV

24

This Part of this Schedule applies in relation to devolution issues in proceedings in Northern Ireland.

Institution of proceedings

25

• (1) Proceedings for the determination of a devolution issue may be instituted by the Advocate General for Northern Ireland.

• (2) The Lord Advocate may defend any such proceedings.

• (3) This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Notice of devolution issue

26

A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Advocate General for Northern Ireland and the Lord Advocate (unless the person to whom the notice would be given is a party to the proceedings).

27

A person to whom notice is given in pursuance of paragraph 26 may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to Court of Appeal

28

A court, other than the Supreme Court or the Court of Appeal in Northern Ireland, may refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland.

29

A tribunal from which there is no appeal shall refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland; and any other tribunal may make such a reference.

References from Court of Appeal to Supreme Court

30

The Court of Appeal in Northern Ireland may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 28 or 29) to the Supreme Court.

Appeals from Court of Appeal to Supreme Court

31

An appeal against a determination of a devolution issue by the Court of Appeal in Northern Ireland on a reference under paragraph 28 or 29 shall lie to the Supreme Court, but only with permission of the Court of Appeal in Northern Ireland or, failing such permission, with permission of the Supreme Court.

Part V — General

Proceedings in the House of Lords

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Direct references to Supreme Court

33

The Lord Advocate, the Advocate General, the Attorney General or the Advocate General for Northern Ireland may require any court or tribunal to refer to the Supreme Court any devolution issue which has arisen in proceedings before it to which he is a party.

34

The Lord Advocate, the Attorney General, the Advocate General or the Advocate General for Northern Ireland may refer to the Supreme Court any devolution issue which is not the subject of proceedings.

35

• (1) This paragraph applies where a reference is made under paragraph 34 in relation to a devolution issue which relates to the proposed exercise of a function by a member of the Scottish Executive.

• (2) The person making the reference shall notify a member of the Scottish Executive of that fact.

• (3) No member of the Scottish Executive shall exercise the function in the manner proposed during the period beginning with the receipt of the notification under sub-paragraph (2) and ending with the reference being decided or otherwise disposed of.

• (4) Proceedings relating to any possible failure by a member of the Scottish Executive to comply with sub-paragraph (3) may be instituted by the Advocate General.

• (5) Sub-paragraph (4) is without prejudice to any power to institute proceedings exercisable apart from that sub-paragraph by any person.

Expenses

36

• (1) A court or tribunal before which any proceedings take place may take account of any additional expense of the kind mentioned in sub-paragraph (3) in deciding any question as to costs or expenses.

• (2) In deciding any such question, the court or tribunal may award the whole or part of the additional expense as costs or (as the case may be) expenses to the party who incurred it (whatever the decision on the devolution issue).

• (3) The additional expense is any additional expense which the court or tribunal considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of paragraph 6, 17 or 27.

Procedure of courts and tribunals

37

Any power to make provision for regulating the procedure before any court or tribunal shall include power to make provision for the purposes of this Schedule including, in particular, provision—

• (a) for prescribing the stage in the proceedings at which a devolution issue is to be raised or referred,

• (b) for the sisting or staying of proceedings for the purpose of any proceedings under this Schedule, and

• (c) for determining the manner in which and the time within which any intimation or notice is to be given.

Interpretation

38

Any duty or power conferred by this Schedule to refer a devolution issue to a court shall be construed as a duty or (as the case may be) power to refer the issue to the court for decision.

SCHEDULE 7

General provision

1

• (1) Subordinate legislation (or a statutory instrument containing it) under a provision listed in the left-hand column is subject to the type of procedure in the right-hand column.

• (2) This paragraph is subject to paragraphs 3 and 4.

Provision of the Act	Type of procedure
. . .	. . .
Section 2(2B)	Type L
Section 12(1)	Type L
Section 12A	Type C
Section 12B	Where the regulations are made by the Scottish Ministers: Type L
Section 12B	Where the regulations are made by a Minister of the Crown: Type C
Section 15	Type D
Section 18(5)	Type J
Section 30	Type A
. . .	. . .
Section 35	Type I
Section 38	Type J
Section 56(2)	Type G
. . .	. . .
Section 58	Type I
Section 60	Type G
Section 62	Type G
Section 63	Type A
Section 64(5)	Type K
Section 65A	Type K
Section 66(5)	Type E
Section 67A(2)	Type E
Section 67(3)	Type E
Section 71(6)	Type K
Section 79	Type E
Section 80B	Type A
Section 80G(1), (1A) or (2)	Type E
Section 80G(1B)	Type K
Section 88	Type I
Section 89	Type F
Section 90	Type F
Section 90B	Type C
Section 93	Type H
Section 96A	Type C
. . .	. . .
. . .	. . .
Section 104	Type G
Section 105	Type G
Section 106	Type G
Section 107	Type G
Section 108	Type A
Section 109	Type H
Section 110(1)	Type C
Section 110(2)	Type I
Section 111	Type A
Section 113(12)	Type A
Section 116(9)	Type G
Section 124(1)	Type G
Section 126(2)	Type B
Section 126(8)	Type H
Section 129(1)	Type G
Schedule 2, paragraph 2	Type G
Schedule 2, paragraph 7	Type H
Schedule 5, Part 3, paragraph 2A	Type A

Types of procedure

2

The types of procedure referred to in this Schedule are—

• Type A: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument —has been laid before, and approved by resolution of, each House of Parliament, andhas been laid before, and approved by resolution of, the Parliament.

• Type B: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.Type C: No Minister of the Crown is to make the legislation unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.Type D: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.Type E: No Minister of the Crown is to make the legislation unless a draft of the instrument has been laid before, and approved by resolution of, the House of Commons.Type F: The instrument containing the legislation, if made without a draft having been approved by resolution of each House of Parliament and of the Parliament, shall be subject to annulment in pursuance of—a resolution of either House, ora resolution of the Parliament.

• Type G: The instrument containing the legislation, if made without a draft having been approved by resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House.Type H: The instrument containing the legislation shall be subject to annulment in pursuance of—a resolution of either House of Parliament, ora resolution of the Parliament.

• Type I: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of either House of Parliament.Type J: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the Parliament.Type K: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the House of Commons. Type L: The legislation shall be subject to the affirmative procedure.

Special cases

3

• (1) This paragraph applies if—

• (a) the instrument containing the legislation would, apart from this paragraph, be subject to the type F, G, H, I or K procedure, and

• (b) the legislation contains provisions which add to, replace or omit any part of the text of an Act.

• (2) Where this paragraph applies—

• (a) instead of the type F procedure, the type A procedure shall apply,

• (b) instead of the type G procedure, the type B or (as the case may be) C procedure shall apply,

• (c) instead of the type H procedure, the type A procedure shall apply,

• (d) instead of the type I procedure, the type B or (as the case may be) C procedure shall apply,

• (e) instead of the type K procedure, the type E procedure shall apply.

4

If legislation under section 129(1) makes provision as mentioned in section 112(2) then, instead of the type G procedure, the type D procedure shall apply.

5

• (1) An instrument containing an Order in Council or order under an open power which revokes, amends or re-enacts subordinate legislation under an open power may (in spite of section 14 of the Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original legislation was subject.

• (2) An instrument containing an Order in Council under section 89 or 90 which revokes, amends or re-enacts an Order under either section may (in spite of section 14 of the Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original Order was subject.

SCHEDULE 8

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

1

In section 2 of the Public Revenue (Scotland) Act 1833 (regulation of Queen’s and Lord Treasurer’s Remembrancer), for “Treasury” in both places there is substituted “ Scottish Ministers ”.

Crown Suits (Scotland) Act 1857 (c. 44)

2

• (1) The Crown Suits (Scotland) Act 1857 is amended as follows.

• (2) In section 1 (Crown suits may be brought by or against Lord Advocate)—

• (a) after “Crown” there is inserted “ (including the Scottish Administration) ”, and

• (b) for “Her Majesty’s Advocate for the time being” there is substituted “ the appropriate Law Officer ”.

• (3) In section 2 (authority of Crown required)—

• (a) for “Her Majesty’s Advocate” there is substituted “ the appropriate Law Officer ”, and

• (b) after “Majesty” there is inserted “ of the part of the Scottish Administration ”.

• (4) In section 3 (absence of authority cannot be founded upon), for “Her Majesty’s Advocate” there is substituted “ the appropriate Law Officer ”.

• (5) After section 4 there is inserted—

(4A) In this Act “the appropriate Law Officer” means— (a) the Lord Advocate, where the action, suit or proceeding is on behalf of or against any part of the Scottish Administration, and (b) the Advocate General for Scotland, in any other case.

• (6) In section 5 (change of Lord Advocate not to affect proceedings)—

• (a) for “Her Majesty’s Advocate” there is substituted “ the Lord Advocate or the Advocate General for Scotland ”, and

• (b) for “the office of Her Majesty’s Advocate” there is substituted “ that office ”.

Sheriff Courts and Legal Officers (Scotland) Act 1927 (c. 35)

3

• (1) The Sheriff Courts and Legal Officers (Scotland) Act 1927 is amended as follows.

• (2) In section 1(2) (appointment etc. of procurator fiscal), “with the consent of the Treasury” is omitted.

• (3) In section 2 (appointment of sheriff clerk and procurator fiscal deputes), “with the consent of the Treasury as to numbers and salaries” is omitted.

• (4) In section 3 (whole-time sheriff clerks and procurators fiscal and deputes), “and in either case with the consent of the Treasury” is omitted.

• (5) In section 5 (whole-time clerks), “with the consent of the Treasury as to numbers and salaries” is omitted.

• (6) In section 12 (prosecutions at instance of procurator fiscal), “after consultation with the Treasury” is omitted.

Administration of Justice (Scotland) Act 1933 (c. 41)

4

In the Administration of Justice (Scotland) Act 1933, in sections 24(7) and 25 (officers of Court of Session etc.), “and shall be exercised on nomination by the Lord Advocate” is omitted.

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

5

In section 1 of the Private Legislation Procedure (Scotland) Act 1936 (application for provisional order: notices), after subsection (4) there is added—

(5) This section shall not apply where any public authority or any persons desire to obtain parliamentary powers the conferring of which is wholly within the legislative competence of the Scottish Parliament.

United Nations Act 1946 (c. 45)

6

In section 1 of the United Nations Act 1946 (measures to give effect to decisions of Security Council), in subsection (4), for the words following “shall” there is substituted

forthwith after it is made be laid— (a) before Parliament; and (b) if any provision made by the Order would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament, before that Parliament.

Crown Proceedings Act 1947 (c. 44)

7

• (1) The Crown Proceedings Act 1947 is amended as follows.

• (2) In section 38(2) (interpretation)—

• (a) in the definition of “His Majesty’s aircraft”, after “Kingdom” there is inserted “ or the Scottish Administration ”,

• (b) in the definition of “His Majesty’s ships”, after “Kingdom” there is inserted “ or the Scottish Administration ” and after “said Government” there is inserted “ or Administration ”, and

• (c) in the definition of “officer”, after “Minister of the Crown” there is inserted “ and a member of the Scottish Executive ”.

• (3) In section 40 (savings)—

• (a) in subsection (2), after “in the United Kingdom”, in each place where those words appear, there is inserted “ or the Scottish Administration ”, and

• (b) after subsection (3) there is inserted—

(3A) A certificate of the Scottish Ministers to the effect that— (a) any alleged liability of the Crown arises otherwise than in respect of the Scottish Administration, (b) any proceedings by the Crown are proceedings otherwise than in right of the Scottish Administration, shall, for the purposes of this Act, be conclusive as to that matter.

• (4) In the proviso to section 44 (remit from sheriff court to Court of Session on Lord Advocate’s certificate)—

• (a) for “Lord Advocate” there is substituted “ appropriate Law Officer ”, and

• (b) at the end there is inserted—

In this proviso, “the appropriate Law Officer” means— (a) the Lord Advocate, where the proceedings are against any part of the Scottish Administration, and (b) the Advocate General for Scotland, in any other case.

• (5) In section 50 (application to Scotland of section 35), subsection (2) of section 35 as substituted for Scotland is amended as follows—

• (a) in paragraph (d)—

• (i) after “Crown” there is inserted “ in right of Her Majesty’s Government in the United Kingdom ”,

• (ii) for “Lord Advocate” there is substituted “ Advocate General for Scotland ”, and

• (iii) after “department”, in the second place where it appears, there is inserted—

(i) shall not be entitled to avail itself of any set-off or counterclaim if the subject matter thereof relates to the Scottish Administration, and (ii)

, and

• (b) after that paragraph there is inserted—

(e) a part of the Scottish Administration, in any proceedings against that part or against the Lord Advocate on its behalf, shall not be entitled to avail itself of any set-off or counterclaim if the subject matter thereof relates to another part of the Scottish Administration or to the Crown in right of Her Majesty’s Government in the United Kingdom.

• (6) In section 51(2) (application to Scotland of section 38), in paragraph (ii), after “Lord Advocate” there is inserted “ or the Advocate General for Scotland ”.

Public Registers and Records (Scotland) Act 1948 (c. 57)

8

In section 1(1) of the Public Registers and Records (Scotland) Act 1948 (appointment etc. of Keeper of the Registers and Keeper of the Records), for “Secretary of State” there is substituted “ Scottish Ministers ”.

Lands Tribunal Act 1949 (c. 42)

9

In section 2 of the Lands Tribunal Act 1949 (members etc. of Lands Tribunal for Scotland)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) after that subsection there is inserted—

(10) The remuneration of members of the Lands Tribunal for Scotland shall be charged on the Scottish Consolidated Fund.

Defamation Act 1952 (c. 66)

10

In section 10 of the Defamation Act 1952 (limitation on privilege at elections), after “local government authority” there is inserted “ to the Scottish Parliament ”.

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

11

In section 10(2) of the Defamation Act (Northern Ireland) 1955 (limitation on privilege at elections), after “Parliament of the United Kingdom” there is inserted “ or to the Scottish Parliament ”.

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

12

In section 1(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (power of Secretary of State to appoint Registrar General), for “Secretary of State” there is substituted “ Scottish Ministers ”.

Pensions (Increase) Act 1971 (c. 56)

13

In Part II of Schedule 2 to the Pensions (Increase) Act 1971 (official pensions out of local funds), before paragraph 39 there is inserted—

(38AB) A pension payable under a scheme established by virtue of section 81(4)(b) of, or paragraph 3(4)(b) of Schedule 2 to, the Scotland Act 1998.

Superannuation Act 1972 (c. 11)

14

In section 1(6) of the Superannuation Act 1972 (superannuation as respects civil servants etc.), for “or the Consolidated Fund” there is substituted “ the Consolidated Fund or the Scottish Consolidated Fund ”.

European Communities Act 1972 (c. 68)

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation Act 1978 (c. 30)

16

• (1) The Interpretation Act 1978 is amended as follows.

• (2) After section 23 there is inserted—

(23A) (1) This Act applies in relation to an Act of the Scottish Parliament and an instrument made under such an Act only to the extent provided in this section. (2) Except as provided in subsection (3) below, sections 15 to 18 apply to— (a) an Act of the Scottish Parliament as they apply to an Act, (b) an instrument made under an Act of the Scottish Parliament as they apply to subordinate legislation. (3) In the application of those sections to an Act and to subordinate legislation— (a) references to an enactment include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and (b) the reference in section 17(2)(b) to subordinate legislation includes an instrument made under an Act of the Scottish Parliament. (4) In the application of section 20 to an Act and to subordinate legislation, references to an enactment include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

• (3) In Schedule 1 (words and expressions defined), the following definitions are inserted in the appropriate places—

• “Act” means an Act of Parliament.

“Enactment” does not include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Education (Scotland) Act 1980 (c. 44)

17

In section 135(1) of the Education (Scotland) Act 1980 (interpretation), in the definition of “Her Majesty’s inspectors”, “on the recommendation of the Secretary of State” is omitted.

Civil Jurisdiction and Judgments Act 1982 (c. 27)

18

• (1) Section 46 of the Civil Jurisdiction and Judgments Act 1982 (domicile and seat of the Crown) is amended as follows.

• (2) In subsection (3), after paragraph (a) there is inserted—

(aa) the Crown in right of the Scottish Administration has its seat in, and in every place in, Scotland,

.

• (3) In subsection (7), after “Kingdom” there is inserted “ , the Scottish Administration ”.

Mental Health Act 1983 (c. 20)

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National Audit Act 1983 (c. 44)

20

Sections 6 and 7 of the National Audit Act 1983 (value for money studies) shall not apply in relation to—

• (a) the Scottish Administration or any part of it, or

• (b) any Scottish public authority with mixed functions or no reserved functions.

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

21

In section 1 of the Tourism (Overseas Promotion) (Scotland) Act 1984 (power of Scottish Tourist Board to promote tourism in Scotland outside UK), subsection (2) is omitted.

Bankruptcy (Scotland) Act 1985 (c. 66)

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insolvency Act 1986 (c. 45)

23

• (1) The Insolvency Act 1986 is amended as follows.

• (2) Anything directed to be done, or which may be done, to or by the registrar of companies in Scotland by virtue of any of the provisions mentioned in sub-paragraph (3), shall, or (as the case may be) may, also be done to or by the Accountant in Bankruptcy.

• (2A) In the case of a building society, friendly society or industrial and provident society which has its registered office in Scotland, anything directed to be done, or which may be done, to or by the Financial Conduct Authority by virtue of any of the provisions mentioned in sub-paragraph (3) as applied (with or without modifications) in relation to the society shall, or (as the case may be) may, also be done to or by the Accountant in Bankruptcy.

• (3) Those provisions are: sections 53(1), 54(3), 61(6), 62(5) (so far as relating to the giving of notice), 67(1), 69(2), 84(3), 94(3), 106(3) and (5), 112(3), 130(1), 147(3), 170(2) and 172(8).

• (4) Anything directed to be done, or which may be done, to or by the registrar of companies in Scotland by virtue of any of the provisions mentioned in sub-paragraph (5), shall, or (as the case may be) shall instead be done to or by the Accountant in Bankruptcy.

• (4A) In the case of a building society, friendly society or industrial and provident society which has its registered office in Scotland, anything directed to be done, or which may be done, to or by the Financial Conduct Authority by virtue of any of those provisions as applied (with or without modifications) in relation to the society shall, or (as the case may be) shall instead be done to or by the Accountant in Bankruptcy.

• (5) Those provisions are: sections 89(3), 109(1), 171(5) and (6), 173(2)(a) and 192(1).

• (6) In section 427 (members of the House of Commons whose estates are sequestrated etc.), after subsection (6) there is inserted—

(6A) Subsections (4) to (6) have effect in relation to a member of the Scottish Parliament but as if— (a) references to the House of Commons were to the Parliament and references to the Speaker were to the Presiding Officer, and (b) in subsection (4), for “under this section” there were substituted “under section 15(1)(b) of the Scotland Act 1998 by virtue of this section”.

Public Order Act 1986 (c. 64)

24

In section 26(1) of the Public Order Act 1986 (savings for reports of parliamentary proceedings), after “Parliament” there is inserted “ or in the Scottish Parliament ”.

Copyright, Designs and Patents Act 1988 (c. 48)

25

• (1) The Copyright, Designs and Patents Act 1988 is amended as follows.

• (2) In section 12(9) (duration of copyright in literary, dramatic, musical or artistic works), for “166” there is substituted “ 166A ”.

• (3) In section 153(2) (qualification for copyright protection), for “166” there is substituted “ 166A ”.

• (4) In section 163(6) (Crown copyright), for “and 166” there is substituted “ to 166A ”.

• (5) In section 164(1) (Crown copyright in Acts of Parliament etc.), after “Parliament” there is inserted “ Act of the Scottish Parliament ”.

• (6) After section 166 there is inserted—

(166A) (1) Copyright in every Bill introduced into the Scottish Parliament belongs to the Scottish Parliamentary Corporate Body. (2) Copyright under this section subsists from the time when the text of the Bill is handed in to the Parliament for introduction— (a) until the Bill receives Royal Assent, or (b) if the Bill does not receive Royal Assent, until it is withdrawn or rejected or no further parliamentary proceedings may be taken in respect of it. (3) References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright. (4) No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Parliament.

• (7) In section 178 (minor definitions)—

• (a) in the definition of “the Crown”, after “of” there is inserted “ the Scottish Administration or of ”, and

• (b) in the definition of “parliamentary proceedings”, after “Assembly” there is inserted “ of the Scottish Parliament ”.

• (8) In section 179 (index of defined expressions), in column 2 of the entry for “Parliamentary copyright”, for “and 166(6)” there is substituted “ 166(6) and 166A(3) ”.

Official Secrets Act 1989 (c. 6)

26

• (1) Section 12 of the Official Secrets Act 1989 (meaning of “Crown servant” and “government contractor” for the purposes of that Act) is amended as follows.

• (2) In subsection (1), after paragraph (a) there is inserted—

(aa) a member of the Scottish Executive or a junior Scottish Minister;

.

• (3) In subsection (2)(a), after “above,” there is inserted “ of any office-holder in the Scottish Administration, ”.

• (4) After subsection (3) there is inserted—

(4) In this section “office-holder in the Scottish Administration” has the same meaning as in section 126(7)(a) of the Scotland Act 1998.

.

Prisons (Scotland) Act 1989 (c. 45)

27

• (1) The Prisons (Scotland) Act 1989 is amended as follows.

• (2) Section 2 of that Act (appointment of officers etc.) is omitted.

• (3) In section 3(1) (prison officers), for the words following “Secretary of State” there is substituted—

(1A) Every prison shall have a governor and such other officers as may be necessary.

• (4) In section 3A (medical services)—

• (a) in subsection (2), for “appointing” there is substituted “ providing ” and for “appointment” there is substituted “ provision ”, and

• (b) in subsection (4), for “appointed” there is substituted “ provided ”.

European Communities (Amendment) Act 1993 (c. 32)

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Scottish Land Court Act 1993 (c. 45)

29

In section 1 of the Scottish Land Court Act 1993 (the Scottish Land Court)—

• (a) in subsection (2), for “Secretary of State” there is substituted “ First Minister ”, and

• (b) after subsection (2) there is inserted—

(2A) Before recommending the appointment of a person as Chairman, the First Minister shall consult the Lord President of the Court of Session.

Value Added Tax Act 1994 (c. 23)

30

In section 41 of the Value Added Tax Act 1994 (application to the Crown), in subsection (6), after “includes” there is inserted “ the Scottish Administration ”.

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

31

In section 12(1) of the Requirements of Writing (Scotland) Act 1995 (interpretation)—

• (a) in the definition of “Minister”, after “1975” there is inserted “ and also includes a member of the Scottish Executive ”, and

• (b) in paragraph (a) of the definition of “officer”, after “Department” there is inserted “ or, as the case may be, as a member of the staff of the Scottish Ministers or the Lord Advocate ”.

Criminal Procedure (Scotland) Act 1995 (c. 46)

32

• (1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

• (2) After section 288 there is inserted—

(288A) (1) This section applies where— (a) a person is acquitted or convicted of a charge (whether on indictment or in summary proceedings), and (b) the Advocate General for Scotland was a party to the proceedings in pursuance of paragraph 6 of Schedule 6 to the Scotland Act 1998 (devolution issues). (2) The Advocate General for Scotland may refer any devolution issue which has arisen in the proceedings to the High Court for their opinion; and the Clerk of Justiciary shall send to the person acquitted or convicted and to any solicitor who acted for that person at the trial, a copy of the reference and intimation of the date fixed by the Court for a hearing. (3) The person may, not later than seven days before the date so fixed, intimate in writing to the Clerk of Justiciary and to the Advocate General for Scotland either— (a) that he elects to appear personally at the hearing, or (b) that he elects to be represented by counsel at the hearing, but, except by leave of the Court on cause shown, and without prejudice to his right to attend, he shall not appear or be represented at the hearing other than by and in conformity with an election under this subsection. (4) Where there is no intimation under subsection (3)(b), the High Court shall appoint counsel to act at the hearing as amicus curiae. (5) The costs of representation elected under subsection (3)(b) or of an appointment under subsection (4) shall, after being taxed by the Auditor of the Court of Session, be paid by the Advocate General for Scotland out of money provided by Parliament. (6) The opinion on the point referred under subsection (2) shall not affect the acquittal or (as the case may be) conviction in the trial. (288B) (1) This section applies where the Judicial Committee of the Privy Council determines an appeal under paragraph 13(a) of Schedule 6 to the Scotland Act 1998 against a determination of a devolution issue by the High Court in the ordinary course of proceedings. (2) The determination of the appeal shall not affect any earlier acquittal or earlier quashing of any conviction in the proceedings. (3) Subject to subsection (2) above, the High Court shall have the same powers in relation to the proceedings when remitted to it by the Judicial Committee as it would have if it were considering the proceedings otherwise than as a trial court.

• (3) In section 307(1) (interpretation), after the definition of “crime” there is inserted—

• “devolution issue” has the same meaning as in Schedule 6 to the Scotland Act 1998;

.

Defamation Act 1996 (c. 31)

33

• (1) The Defamation Act 1996 is amended as follows.

• (2) In section 17(1) (interpretation), in the definition of “statutory provision”, after “1978” there is inserted—

(aa) a provision contained in an Act of the Scottish Parliament or in an instrument made under such an Act,

.

• (3) In paragraph 11(1)(c) of Schedule 1 (qualified privilege), after “Minister of the Crown” there is inserted “ a member of the Scottish Executive ”.

Damages Act 1996 (c. 48)

34

In section 6 of the Damages Act 1996 (guarantees for public sector settlements), after subsection (8) there is inserted—

(8A) In the application of subsection (3) above to Scotland, for the words from “guidelines” to the end there shall be substituted “the Minister”.

SCHEDULE 9

Ordinary general elections.

General transfer of functions.

Subordinate legislation: general.

Consolidated Fund etc.

1

• (1) There are to be 73 constituencies for the purposes of this Act.

• (2) The constituencies are—

• (za) the existing constituency of Na h-Eileanan an Iar,

• (a) the Orkney Islands,

• (b) the Shetland Islands, and

• (c) the constituencies provided for by an Order in Council under paragraph 6.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

• (1) There are to be eight regions for the purposes of this Act.

• (2) The regions are the regions provided for by an Order in Council under paragraph 6.

• (3) Seven regional members are to be returned for each region.

Proposed recommendations by Boundary Committee for Scotland

4A

• (1) When the Boundary Committee for Scotland provisionally determine (in pursuance of the 1986 Act) proposed recommendations which they are minded to include in a report under section 3A(2) of that Act and which would involve any alteration in any parliamentary constituencies in Scotland, the Committee shall consider whether any alteration within paragraph 3(2) would be required to be made in order to give effect to the rules in paragraph 7.

• (2) Any such report by the Committee as is mentioned in sub-paragraph (1) shall contain, in addition, the recommendations which the Committee propose should be included in the Electoral Commission’s section 3 report in the light of the Committee’s consideration of the question mentioned in that sub-paragraph.

• (3) In section 3A of the 1986 Act—

• (a) subsection (3) shall apply with any necessary modifications in relation to any such proposed recommendations as they apply in relation to any proposed recommendations of a Boundary Committee under section 3A(2) of that Act; and

• (b) in subsection (4), the first reference to that Act shall include a reference to this Schedule, and the reference to the rules set out as there mentioned shall include a reference to the rules set out in paragraph 7.

• (4) In this paragraph—

• “the Boundary Committee for Scotland” means the Committee of that name established by the Electoral Commission under section 14 of the Political Parties, Elections and Referendums Act 2000;

• “the Electoral Commission’s section 3 report” means the report of the Electoral Commission under section 3 of the 1986 Act for the purposes of which the proposed recommendations mentioned in sub-paragraph (1) would be made.

Interpretation

9

• (1) Boundaries Scotland may if it thinks fit cause a local inquiry to be held in respect of any constituency or constituencies.

• (2) If Boundaries Scotland receive any relevant representations objecting to a proposed recommendation for the alteration of a constituency it must not make the recommendation unless since the publication of the notice under paragraph 7(2) a local inquiry has been held in respect of the constituency.

• (3) If a local inquiry was held in respect of the constituency before the publication of the notice under paragraph 7(2), sub-paragraph (2) above does not apply if Boundaries Scotland after considering—

• (a) the matters discussed at the inquiry,

• (b) the nature of the relevant representations received, and

• (c) any other relevant circumstances,

think that a further local inquiry is not justified.

• (4) A relevant representation is a representation made in accordance with paragraph 7(2)(b)—

• (a) by the council for an area which is wholly or partly comprised in the constituency;

• (b) by a body of not less than 100 persons entitled to vote as electors at an election for membership of the Parliament held in the constituency.

4A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reservations

Head A – Financial and Economic Matters

A1. Fiscal, economic and monetary policy

Section A1.

Exceptions

A2. The currency

Section A2.

A3. Financial services

Section A3.

Exception

A4. Financial markets

Section A4.

A5. Money laundering

Section A5.

Head B – Home Affairs

B1. Misuse of drugs

Section B1.

B2. Data protection

Section B2.

Interpretation

B3. Elections

Section B3.

B4. Firearms

Section B4.

B5. Entertainment

Section B5.

B6. Immigration and nationality

Section B6.

B7.Scientific procedures on live animals

Section B7.

B8. National security, interception of communications, official secrets and terrorism

Section B8.

B9. Betting, gaming and lotteries

Section B9.

Exception

B10. Emergency powers

Section B10.

B11. Extradition

Section B11.

B12. Lieutenancies

Section B12.

Interpretation of Acts of the Scottish Parliament etc.

B13

Exception

Head C – Trade and Industry

C1. Business associations

Section C1.

Exceptions

Interpretation

C2. Insolvency

Section C2.

Exceptions

Interpretation

C3. Competition

Section C3.

Exception

Interpretation

C4. Intellectual property

Section C4.

Exception

C5. Import and export control

Section C5.

Exceptions

C6. Sea fishing

Section C6.

Interpretation

C7. Consumer protection

Section C7.

Exceptions

Interpretation

C8. Product standards, safety and liability

Section C8.

Exceptions

C9. Weights and measures

Section C9.

Exceptions

C10. Telecommunications and wireless telegraphy

Section C10.

Exception

C11. Post Office, posts and postal services

Section C11.

C12. Research Councils

Section C12.

C13. Designation of assisted areas

Section C13.

C14. Industrial Development Advisory Board

Section C14.

C15. Protection of trading and economic interests

Section C15.

Head D – Energy

D1. Electricity

Section D1.

Exceptions

D2. Oil and gas

Section

Exceptions

Interpretation

The Scottish onshore area is the area of Scotland that is within the baselines established by any Order in Council under section 1(1)(b) of the Territorial Sea Act 1987 (extension of territorial sea).

“Petroleum” means petroleum within the meaning given by section 1 of the Petroleum Act 1998 in its natural state in strata.

D3. Coal

Section D3.

Exceptions

D4. Nuclear energy

Section D4.

Exceptions

D5. Energy conservation

Section D5.

Exception

Head E – Transport

E1. Road transport

Section E1.

Exceptions

Interpretation

E2. Rail transport

Section E2.

Exceptions

Interpretation

E3. Marine transport

Section E3.

Exceptions

E4. Air transport

Section E4.

Exceptions

E5. Other matters

Section E5.

Transport of radioactive material.

Interpretation

Head F – Social Security

F1. Social security schemes

Section F1.

F2. Child support

Section F2.

Exception

Interpretation

F3. Occupational and personal pensions

Section F3.

Interpretation

F4. War pensions

Section F4.

Illustration

Interpretation

Head G – Regulation of the Professions

G1. Architects

Section G1.

G2. Health professions

Section G2.

Exceptions

Interpretation

G3. Auditors

Section G3.

Head H – Employment

H1. Employment and industrial relations

Section H1.

Exception

H2. Health and safety

Section H2.

Exception

H3. Job search and support

Section H3.

Exceptions

Head J – Health and Medicines

J1. Abortion

Section J1.

J2. Xenotransplantation

Section J2.

J3. Embryology, surrogacy and genetics

Section J3.

J4. Medicines, medical supplies and poisons

Section J4.

Interpretation

J5. Welfare foods

...

Head K – Media and Culture

K1. Broadcasting

Section K1.

K2. Public lending right

Section K2.

K3. Government Indemnity Scheme

Section K3.

K4. Property accepted in satisfaction of tax

Section K4.

Head L – Miscellaneous

L1. Judicial remuneration

Section L1.

L2. Equal opportunities

Section L2.

Exceptions

Interpretation

L3. Control of weapons

Section L3.

L4. Ordnance survey

Section L4.

L5. Time

Section L5.

Exceptions

L6. Outer space

Section L6.

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

Crown Suits (Scotland) Act 1857 (c.44)

Sheriff Courts and Legal Officers (Scotland) Act 1927 (c.35)

Administration of Justice (Scotland) Act 1933 (c.41)

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

United Nations Act 1946 (c.45)

Crown Proceedings Act 1947 (c.44)

Public Registers and Records (Scotland) Act 1948 (c.57)

Lands Tribunal Act 1949 (c.42)

Defamation Act 1952 (c.66)

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

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

Pensions (Increase) Act 1971 (c.56)

Superannuation Act 1972 (c.11)

...

Interpretation Act 1978 (c.30)

Education (Scotland) Act 1980 (c.44)

Civil Jurisdiction and Judgments Act 1982 (c.27)

...

National Audit Act 1983 (c.44)

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

Bankruptcy (Scotland) Act 1985 (c.66)

Insolvency Act 1986 (c.45)

Public Order Act 1986 (c.64)

Copyright, Designs and Patents Act 1988 (c.48)

Official Secrets Act 1989 (c.6)

Prisons (Scotland) Act 1989 (c.45)

European Communities (Amendment) Act 1993 (c.32)

Scottish Land Court Act 1993 (c.45)

Value Added Tax Act 1994 (c.23)

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

Criminal Procedure (Scotland) Act 1995 (c.46)

Defamation Act 1996 (c.31)

Damages Act 1996 (c.48)

Editorial notes