Scotland Act 2012

Part 1 — The Parliament and its powers

The Scottish Parliament

Scottish Parliamentary Corporate Body

1

• (1) Section 12 of the 1998 Act (power to make provision about elections) is amended as follows.

• (2) In subsection (1)—

• (a) for “Secretary of State” substitute “ Scottish Ministers ”;

• (b) after paragraph (a) insert “ and ”;

• (c) omit paragraph (c) and the “and” before it.

• (3) In subsection (2)—

• (a) after “subsection (1)(a)” insert “ does not include provision that may be made by the Secretary of State under section 12A but, subject to that, ”;

• (b) for paragraph (a) substitute—

(a) about supplying or otherwise dealing with a register of electors,

;

• (c) omit paragraph (b);

• (d) after paragraph (c) insert “ and ”;

• (e) in paragraph (d) after “other elections” insert “ , if the conduct of the other election falls within the legislative competence of the Parliament. ”;

• (f) omit paragraphs (e) and (f).

• (4) Omit subsection (3).

• (5) In subsection (4) omit paragraphs (b) and (c).

• (6) In subsection (6) for “Secretary of State” substitute “ Scottish Ministers ”.

• (7) After that subsection insert—

(7) Before making an order under this section the Scottish Ministers must consult the Secretary of State.

• (8) In the heading of the section, after “Power” insert “ of the Scottish Ministers ”.

• (9) After that section insert—

(12A) (1) The Secretary of State may by regulations make provision— (a) about the registration of electors, (b) for modifying the application of section 7(1) where the poll at an election for the return of a constituency member is abandoned (or notice of it is countermanded), (c) for modifying section 8(7) to ensure the allocation of the correct number of seats for the region, and (d) as to the return of members of the Parliament otherwise than at an election. (2) The provision that may be made under subsection (1)(a) includes— (a) provision for disregarding alterations in a register of electors, and (b) other provision about, or for purposes connected with, the content of a register or the effect of registration, but subject to that it does not include provision about supplying or otherwise dealing with a register. (3) The provision that may be made under subsection (1)(d) includes, in particular, provision modifying section 10(4) and (5). (4) Regulations under subsection (1) may— (a) apply, with or without modifications or exceptions, any provision made by or under the Representation of the People Acts or the European Parliamentary Elections Act 2002 or by any other enactment relating to parliamentary elections, European Parliamentary elections or local government elections, and (b) so far as may be necessary in consequence of any provision made by this Act or regulations under subsection (1), modify any provision made by any enactment relating to the registration of parliamentary electors or local government electors. (5) Before making regulations under this section the Secretary of State must consult the Scottish Ministers.

Combination of polls at Scottish Parliamentary and other reserved elections

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Supplementary and transitional provision about elections

3

• (1) In section 113 of the 1998 Act (subordinate legislation: scope of powers) after subsection (1) insert—

(1A) Subsections (2) to (11), except subsection (9), apply also to the power of the Scottish Ministers to make an order under section 12.

• (2) Schedule 7 to the 1998 Act (procedure for subordinate legislation) is amended as follows.

• (3) In paragraph 1—

• (a) in the entry for section 12(1) for “Type C” substitute “ Type L ”;

• (b) after that entry insert—

Section 12A	Type C

.

• (4) In paragraph 2 at the end insert— “ Type L: The legislation shall be subject to the affirmative procedure. ”

• (5) In section 7 of the Political Parties, Elections and Referendums Act 2000 (Electoral Commission to be consulted on changes to electoral law), in subsection (2)(g) after “12(1) or (6)” insert “ or regulations under section 12A(1) ”.

• (6) In section 8 of that Act (powers with respect to elections exercisable only on Commission recommendation) in subsection (2) for “the Secretary of State” substitute “ the person on whom the function is conferred ”.

• (7) An order made before the commencement of section 1 under section 12(1) of the 1998 Act has effect after that commencement as if made by the Scottish Ministers, to the extent that they would have power to do so.

• (8) To the extent that subsection (7) does not apply, any provision of such an order—

• (a) continues to have effect, but

• (b) may be revoked by regulations under section 12A(1).

• (9) A reference to the Secretary of State in such an order is to be read as a reference to the Scottish Ministers.

• (10) Without prejudice to subsections (7) to (9), section 1 does not affect the validity of anything done by or in relation to a Minister of the Crown before that section comes into force.

• (11) Anything (including legal proceedings) which, at the time when that section comes into force, is in the process of being done by or in relation to a Minister of the Crown under an order under section 12(1) may be continued by or in relation to the Scottish Ministers.

• (12) Anything done by or in relation to a Minister of the Crown for the purposes of or in connection with a function under such an order, if in force at the time when section 1 comes into force, has effect as if done by or in relation to the Scottish Ministers in so far as that is required for continuing its effect after that time.

Presiding Officer and deputies

4

• (1) Section 19 of the 1998 Act (Presiding Officer) is amended as follows.

• (2) In subsection (1) omit “at its first meeting”.

• (3) After subsection (1) insert—

(1A) The Parliament must do so— (a) before it conducts any other proceedings, except the taking by its members of the oath of allegiance (see section 84), and (b) in any event, within the period of 14 days beginning immediately after the day of the poll at the election. (1B) The Parliament may, at any time, elect from among its members one or more additional deputies.

• (4) After subsection (2) insert—

(2A) But standing orders may make provision for additional deputies to hold office for a shorter time than provided by subsection (2).

• (5) In subsection (3), after “deputy” insert “ elected under subsection (1) ”.

• (6) In Schedule 3 to that Act (standing orders), for paragraph 5 substitute—

(5) (1) The standing orders shall include provision for ensuring that the available officers do not all represent the same political party. (2) The available officers are— (a) the Presiding Officer and the deputies appointed under section 19(1), except in the case where one or more of them is unable to act and there is at least one additional deputy; (b) in that case, such of the Presiding Officer and deputies as are for the time being able to act.

Scottish Parliamentary Corporate Body

5

In section 21 of the 1998 Act (Scottish Parliamentary Corporate Body) in subsection (2)(b) before “four” insert “ at least ”.

Bills: statements as to legislative competence

6

In section 31(1) of the 1998 Act (statement by member of the Parliament in charge of a Bill), for “A member of the Scottish Executive” substitute “ A person ”.

Members’ interests

7

• (1) Section 39 of the 1998 Act (members' interests) is amended as follows.

• (2) For subsections (5) to (7) substitute—

(4A) Any requirement or prohibition (however expressed) imposed by provision made in pursuance of subsections (2) to (4) may be subject to such exceptions as are specified in the provision. (5) Provision may be made for— (a) excluding a member from the proceedings of the Parliament, (b) imposing on a member such other sanctions as the Parliament considers appropriate, if the member fails to comply with, or contravenes, any provision made in pursuance of subsections (2) to (4) or this subsection. (5A) Provision made under subsection (5) may include provision that a sanction is not to be imposed in such circumstances as are specified in the provision. (6) Provision made under subsection (5) may include provision that the member is guilty of an offence. (7) A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (3) After the commencement of subsection (2), subsections (5) to (7) as originally enacted continue to have effect until the coming into force of the first provision made in pursuance of those subsections as substituted by subsection (2).

Constituencies, regions and regional members

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• (1) In the Scottish Parliament (Constituencies) Act 2004, omit section 1(2) and (3) and Schedule 2 (modification of Schedule 1 to the 1998 Act).

• (2) Schedule 1 contains—

• (a) amendments reproducing the effect of the modifications contained in Schedule 2 to the Scottish Parliament (Constituencies) Act 2004, and

• (b) other minor amendments of Schedule 1 to the 1998 Act.

Legislative competence

Continued effect of provisions ceasing to be within legislative competence

9

• (1) In section 30 of the 1998 Act (legislative competence: supplementary) after subsection (4) insert—

(5) Subsection (6) applies where any alteration is made— (a) to the matters which are reserved matters, or (b) to Schedule 4, (whether by virtue of the making, revocation or expiry of an Order in Council under this section or otherwise). (6) Where the effect of the alteration is that a provision of an Act of the Scottish Parliament ceases to be within the legislative competence of the Parliament, the provision does not for that reason cease to have effect (unless an enactment provides otherwise).

• (2) After section 29(4) of that Act (legislative competence) insert—

(5) Subsection (1) is subject to section 30(6).

• (3) In section 92 of that Act (Queen's Printer for Scotland), after subsection (4A) (inserted by section 13) insert—

(4B) If, following an alteration such as is mentioned in section 30(5)— (a) subordinate legislation is made, confirmed or approved under a provision which continues to have effect by virtue of section 30(6), and (b) the making, confirmation or approval would be within devolved competence but for the alteration, the subordinate legislation is to be regarded for the purposes of this section as being made, confirmed or approved within devolved competence.

Air weapons

10

In Part 2 of Schedule 5 to the 1998 Act, in Section B4 (specific reservations: firearms) at the end insert—

Exception The regulation of air weapons within the meaning given by section 1(3)(b) of the Firearms Act 1968 (which is subject to the following which remain powers of the Secretary of State— (a) the power to make rules under section 53 of that Act for the purposes of that provision (specially dangerous weapons requiring firearms certificate), and (b) the power to make an order under section 1(4) of the Firearms (Amendment) Act 1988 (specially dangerous weapons to be prohibited)).

Antarctica

11

• (1) In Part 2 of Schedule 5 to the 1998 Act, under Head L (miscellaneous) at the end insert—

L7. Antarctica Regulation of activities in Antarctica. Interpretation“Antarctica” has the meaning given by section 1 of the Antarctic Act 1994.

• (2) The provision inserted by subsection (1) is to be regarded as having been included in Schedule 5 to the 1998 Act since the day on which that Schedule came into force.

Part 2 — Ministers and their powers

The Scottish Ministers

The Scottish Government

12

• (1) The Scottish Executive is renamed the Scottish Government.

• (2) Accordingly, in the 1998 Act—

• (a) for “Scottish Executive” in each place substitute “ Scottish Government ”;

• (b) in the heading to section 81 and the italic cross-heading preceding it, for “Executive” substitute “ Government ”.

• (3) Subsection (2) does not apply to section 31(1) of the 1998 Act (as to which, see section 6 of this Act).

• (4) Unless the context requires otherwise, any reference to the Scottish Executive in any enactment, instrument or other document made before the date on which this section comes into force (except the enactments mentioned in subsections (2) and (3)) is to be read as a reference to the Scottish Government.

Exercise of power to make Order disqualifying persons from membership of the Parliament

13

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

• (2) In section 112 (subordinate legislation: general), after subsection (5) insert—

(6) Section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (functions exercisable by Scottish statutory instrument) applies to the function of making an Order in Council under section 15(1) or (2).

• (3) In section 92 (Queen's Printer for Scotland), after subsection (4) insert—

(4A) For the purposes of subsection (4)(c), the function of Her Majesty of making an Order in Council under section 15(1) or (2) (power to specify persons disqualified from membership of the Parliament) is to be regarded as being exercisable within devolved competence.

• (4) In section 104 (power to make provision consequential on legislation of, or scrutinised by, the Parliament), after subsection (2) insert—

(3) For the purposes of subsection (2)(c), the function of Her Majesty of making an Order in Council under section 15(1) or (2) (power to specify persons disqualified from membership of the Parliament) is to be regarded as being exercisable within devolved competence.

• (5) In Schedule 4 (enactments etc protected from modification), in paragraph 11 (general exceptions: subordinate legislation), after sub-paragraph (3) insert—

(4) For the purposes of sub-paragraph (3)(c), the function of Her Majesty of making an Order in Council under section 15(1) or (2) (power to specify persons disqualified from membership of the Parliament) is to be regarded as being exercisable within devolved competence.

Time limit for human rights actions against Scottish Ministers etc

14

• (1) In section 100 of the 1998 Act the following (as inserted by the Convention Rights Proceedings (Amendment) (Scotland) Act 2009) (asp 11) are omitted—

• (a) subsections (3A) to (3E);

• (b) in subsection (4), the words “Subject to subsection (3D),”.

• (2) The Convention Rights Proceedings (Amendment) (Scotland) Act 2009 (asp 11) is repealed.

• (3) Omit paragraph 4A of Schedule 4 to the 1998 Act.

• (4) The Scotland Act 1998 (Modification of Schedule 4) Order 2009 (S.I. 2009/1380) is revoked.

• (5) Subsections (1) to (4) above do not apply to any proceedings brought before this section comes into force.

• (6) After subsection (3) of section 100 of the 1998 Act insert—

(3A) Subsection (3B) applies to any proceedings brought by virtue of this Act against the Scottish Ministers or a member of the Scottish Government in a court or tribunal on the ground that an act of the Scottish Ministers or a member of the Scottish Government is incompatible with the Convention rights. (3B) Proceedings to which this subsection applies must be brought before the end of— (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, but that is subject to any rule imposing a stricter time limit in relation to the procedure in question. (3C) Subsection (3B) 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. (3D) In subsections (3A) and (3B) “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). (3E) In subsection (3B) “rule” has the same meaning as it has in section 7(5) of the Human Rights Act 1998.

• (7) In subsection (4) of that section at the beginning insert “ Subject to subsection (3D), ”.

• (8) Subsections (6) and (7) above apply to any proceedings brought after this section comes into force (including proceedings in respect of an act taking place before this section comes into force).

Power to vary retrospective decisions about non-legislative acts

15

In section 102 of the 1998 Act (powers of courts or tribunals to vary retrospective decisions), in subsection (1) at the end add

, or (c) any other purported exercise of a function by a member of the Scottish Government was outside devolved competence.

Executive competence

BBC Trust member for Scotland

16

In the 1998 Act, after section 90 insert—

(90A) (1) A Minister of the Crown must not exercise without the agreement of the Scottish Ministers functions relating to selection for a particular appointment by which— (a) a person is to become a member of the BBC Trust and hold a Scottish post, or (b) an existing member of the Trust is to hold a Scottish post. (2) “Scottish post” means a position, held as a member of the Trust, with specific reference to Scotland.

Exercise of functions relating to Seirbheis nam Meadhanan Gàidhlig

17

• (1) The Broadcasting Act 1990 is amended as follows.

• (2) In section 183 (financing of programmes in Gaelic out of Gaelic Television Fund) for subsection (1) substitute—