Scotland Bill (HC Bill 164)

Part 1 The Parliament and its powers

The Scottish Parliament

1 Administration of elections

(1) 5Section 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) 10omit 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) 15about 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) 5Omit 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
10consult the Secretary of State.”

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

(9) After that section insert—

“12A Power of the Secretary of State to make provision about elections

(1) The Secretary of State may by regulations make provision—

(a) 15about 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
20number 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,
25and

(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) 30The 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
35Acts 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
40made 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.”

2 Combination of polls at Scottish Parliamentary and other reserved elections

(1) Section 15 of the Representation of the People Act 1985 (combination of polls at
parliamentary, European Parliamentary and local elections) is amended as
follows.

(2) 5In subsection (1)—

(a) after paragraph (b) omit “or”;

(b) after paragraph (c) insert—

“(d) a Scottish Parliamentary general election and a
parliamentary general election; or

(e) 10a Scottish Parliamentary general election and a
European Parliamentary general election,”.

(3) In subsection (3), after “includes” insert “Scottish Parliamentary elections and”.

(4) In the heading of the section before “European” insert “Scottish
Parliamentary,”.

3 15Supplementary and transitional provision about elections

(1) In section 113 of the 1998 Act (subordinate legislation: scope of powers) for
subsection (1) substitute—

“(1) References in this section to a power are—

(a) to an open power,

(b) 20to any other power to make subordinate legislation conferred
by this Act which is exercisable by Her Majesty in Council or by
a Minister of the Crown, and

(c) except in subsection (9), to the power of the Scottish Ministers
to make an order under section 12,

25and include a power as extended by this section.”

(2) Schedule 7 to the 1998 Act 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—

(4) In paragraph 2 at the end insert—

• “Type L: The instrument containing the legislation shall be subject
  to the affirmative procedure.”

(5) In section 7 of the Political Parties, Elections and Referendums Act 2000
35(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”
40substitute “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
5order—

(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) 10Without 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
15of 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
20Scottish Ministers in so far as that is required for continuing its effect after that
time.

4 Presiding Officer and deputies

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

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

(3) 25After 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
30immediately 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
35hold 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) 40The 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
5for the time being able to act.”

5 Scottish Parliamentary Corporate Body

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

6 Bills: statements as to legislative competence

10In 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”.

7 Partial suspension of Acts subject to scrutiny by Supreme Court

(1) The 1998 Act is amended as follows.

(2) 15Section 32 (submission of Bills for Royal Assent) is amended as follows.

(3) In subsection (2)(b) for “any such reference has been made” substitute “a
general reference has been made in relation to the Bill under section 33”.

(4) In subsection (3)(b) for “a reference” substitute “a general reference”.

(5) In section 33 (scrutiny of Bills by the Supreme Court), after subsection (3)
20insert—

“(4) A person who makes a reference shall notify the Presiding Officer of it.

(5) A person who makes a reference may specify in it any provisions of the
Bill which that person considers are unaffected by the reference (the
“unaffected provisions”).

(6) 25In this Act—

• “limited reference” means a reference under subsection (1) in
  which unaffected provisions are specified;

• “general reference” means any other reference under that
  subsection.”

(6) 30After section 33 insert—

“33A Effect of limited reference under section 33 to Supreme Court

(1) This section applies where the Advocate General, the Lord Advocate or
the Attorney General makes a limited reference in relation to a Bill for
an Act of the Scottish Parliament.

(2) 35The provisions of the Act which are affected by the reference do not
come into force (despite any provision made by or under the Act)
except in accordance with an order made by the Scottish Ministers
under subsection (6).

(3) For the purposes of this section all the provisions of the Act are affected
by the reference, except those specified in the reference as the
unaffected provisions.

(4) The Presiding Officer shall publish notice of the reference and of the
5effect of subsection (2)—

(a) in the Edinburgh Gazette, and

(b) in such other ways as the Presiding Officer considers
appropriate.

(5) The Queen’s Printer for Scotland may publish notice of the reference
10and of the effect of subsection (2) in such ways as the Queen’s Printer
for Scotland considers appropriate.

(6) If the Supreme Court decides that any provisions of the Act affected by
the reference are within the legislative competence of the Parliament,
the provisions come into force in accordance with an order made by the
15Scottish Ministers under this subsection.

(7) Subsection (6) applies—

(a) despite any provision made by or under the Act, but

(b) subject to any order made by the Court regarding the coming
into force of the provisions in question.

(8) 20The Court may in particular—

(a) order that any provision is not to come into force until such time
as the Court appoints;

(b) prohibit the Scottish Ministers from making an order under
subsection (6) until such time as the Court appoints;

(c) 25require such persons as the Court considers appropriate to take
such steps as the Court considers appropriate to bring the
Court’s judgment to the attention of persons affected by it.”

(7) In section 34(1) (ECJ references), in paragraph (a) for “a reference” substitute “a
general reference”.

(8) 30In section 35(3) (period during which Secretary of State may intervene) in
paragraph (c) for “a reference” substitute “a general reference”.

(9) In section 36(4) (opportunity for reconsideration of Bill), in paragraph (b) for “a
reference” substitute “a general reference”.

(10) In Schedule 7 (procedure for subordinate legislation), in paragraph 1, at the
35appropriate place insert—

8 Members’ interests

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

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

“(4A) 40Any 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,

5if 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) 10Provision 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
15enacted continue to have effect until the coming into force of the first provision
made in pursuance of those subsections as substituted by subsection (2).

9 Constituencies, regions and regional members

(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) 20Schedule 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

10 25Continued effect of provisions where legislative competence conferred for
limited period

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

“(5) Subsection (6) applies where an Order in Council under this section—

(a) 30makes any modification of Schedule 4 or 5, and

(b) also provides for that modification to cease to have effect
(whether on a specified date or otherwise).

(6) The Order may provide that any provision of an Act of the Scottish
Parliament which will be within the legislative competence of the
35Parliament by virtue of the modification is to continue to have effect
after the modification ceases to have effect.

(7) Subsections (5) and (6) do not limit section 113(4) or (5).”

11 Air weapons

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
  5remain 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
  10(Amendment) Act 1988 (specially dangerous weapons to be
  prohibited)).”

12 Insolvency

(1) In Part 2 of Schedule 5 to the 1998 Act, Section C2 (specific reservations:
insolvency) is amended as follows.

(2) 15In the first paragraph, in sub-paragraph (c) omit “other than the power to sist
proceedings,”.

(3) After that paragraph insert—

• “Those matters include the following formerly excepted matters—

  (a)

  the process of winding up, including the person having
  20responsibility for the conduct of a winding up or any part of
  it, and that person’s conduct of it or of that part,

  (b)

  the effect of winding up on diligence, and”

  (c)

  avoidance and adjustment of prior transactions on winding up.”

(4) In the Exceptions omit—

(a) the first paragraph (process, effect on diligence, and prior transactions),
25and

(b) the second paragraph (social landlords).

(5) Schedule 2 makes amendments in connection with the reservation of formerly
devolved insolvency matters.

13 Regulation of the health professions

(1) 30In Part 2 of Schedule 5 to the 1998 Act, Section G2 (specific reservations: health
professions) is amended as follows.

(2) In the definition of “The health professions”, after paragraph (i) insert—

“and any other profession concerned (wholly or partly) with the
physical or mental health of individuals, except any profession
35regulated by the Regulation of Care (Scotland) Act 2001 (asp 8)2001 (asp 8).”

(3) In section 51 of the Dentists Act 1984 (exercise of powers conferred on Privy
Council)—

(a) after subsection (3)(a) insert—

“(aa) approving regulations under section 36A(2)
40(professions complementary to dentistry),

(ab) approving rules under section 36L (insurance),”;

(b) in subsection (3)(d), after “dental care professionals)” insert “, including
rules made under that Schedule as applied (with modifications) by
paragraph 4(7) of Schedule 4A (registration appeals: dental care
5professionals register)”;

(c) omit subsections (4) and (5).

(4) In article 42 of the Health Professions Order 2001 (S.I. 2002/254S.I. 2002/254) (exercise of
power by the Privy Council)—

(a) in paragraph (3), for the words after “shall” substitute “be subject to
10annulment in pursuance of a resolution of either House of Parliament”;

(b) omit paragraph (3A).

(5) In article 70 of the Pharmacy Order 2010 (S.I. 2010/231S.I. 2010/231) (Privy Council
procedures etc), in paragraphs (2) and (3), omit “or of the Scottish Parliament”.

(6) In the Health Care and Associated Professions (Miscellaneous Amendments
15and Practitioner Psychologists) Order 2009 (S.I. 2009/1182S.I. 2009/1182), omit paragraph
11(b) of Schedule 1 (amendments to Dentists Act 1984).

14 Antarctica

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

• 20“L7. Antarctica

• Regulation of activities in Antarctica.

• Interpretation

• “Antarctica” has the meaning given by section 1 of the Antarctic Act
  1994.”

(2) 25The 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

30The Scottish Ministers

15 The Scottish Government

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

(2) Accordingly, in the 1998 Act—

(a) for “the Scottish Executive” in each place substitute “the Scottish
35Government”;

(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).