Scotland Bill (HC Bill 3)

29 Information-sharing

(1) Information held by the Secretary of State for the purpose of a social security
function may be supplied by the Secretary of State to the Scottish Ministers for
use for the purpose of a relevant Scottish social security function.

(2) 5Where information is supplied to the Scottish Ministers under subsection (1)
for use for any purpose, they may use it for any other purposes for which
information held by them for that purpose may be used.

(3) Information held by the Scottish Ministers for the purpose of a relevant
Scottish social security function may be supplied by them to the Secretary of
10State for use for the purpose of a social security function.

(4) Where information is supplied to the Secretary of State under subsection (3) for
use for any purpose, the Secretary of State may use it for any other purposes
for which information held by him or her for that purpose may be used.

(5) In subsections (1) to (4)—

(a) 15references to the Secretary of State include a person providing services
to him or her;

(b) references to the Scottish Ministers include a person providing services
to them.

(6) Information supplied under this section must not be supplied by the recipient
20of the information to any other person or body without—

(a) the authority of the Secretary of State, in the case of information
supplied under subsection (1);

(b) the authority of the Scottish Ministers, in the case of information
supplied under subsection (3).

(7) 25In this section—

• “social security function” means a function of the Secretary of State
  relating to—

  (a)

  social security,

  (b)

  the investigation or prosecution of offences relating to tax
  30credits,

  (c)

  employment or training,

  (d)

  war pensions, or

  (e)

  any other prescribed matter;

• “relevant Scottish social security function” means—

  (a)

  35a function which is exercisable by the Scottish Ministers within
  devolved competence by virtue of any of the following
  provisions of Part 2 of Schedule 5 to the Scotland Act 1998—

  (i)

  exceptions 1, 2 and 4 to 8 in Section F1 (social security
  schemes), and

  (ii)

  40exception 1 in Section H3 (job search and support);

  (b)

  a function of the Scottish Ministers under or by virtue of—

  (i)

  section 24 (universal credit: costs of claimants who rent
  accommodation), or

  (ii)

  section 25 (universal credit: persons to whom, and time
  45when, paid);

  (c)

  any other prescribed function of the Scottish Ministers.

(8) In subsection (7)—

(a) the reference to a function being exercisable within devolved
competence is to be read in accordance with section 54 of the Scotland
Act 1998;

(b) “war pensions” means schemes for the payment of pensions, grants,
5allowances, supplements or gratuities for or in respect of persons who
have a disablement or have died in consequence of service as members
of the armed forces of the Crown;

(c) “prescribed” means prescribed by regulations made by the Secretary of
State.

(9) 10Regulations under this section must be made by statutory instrument.

(10) A statutory instrument containing regulations under this section may not be
made unless a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament.

30 Extension of unauthorised disclosure offence

(1) 15Part 2 of Schedule 4 to the Social Security Administration Act 1992 is amended
as follows.

(2) After paragraph 1A insert—

“1B The reference in Part 1 of this Schedule to the Scottish
Administration is a reference to that Administration only to the
20extent that the functions carried out by persons in its employ—

(a) relate to social security, or

(b) are, or are connected with, functions of the First-tier Tribunal
or Upper Tribunal which relate to social security or to
occupational or personal pension schemes or to war pensions
25or functions of the Chief, or any other, Social Security
Commissioner.””

(3) In paragraph 3, omit “, the Scottish Administration”.

Part 4 Other legislative competence

31 30Crown Estate

(1) In Part 5 of the Scotland Act 1998, before the heading “Miscellaneous” insert—

““The Crown Estate

90B The Crown Estate

(1) The Treasury may make a scheme transferring on the transfer date all
35the existing Scottish functions of the Crown Estate Commissioners
(“the Commissioners”) to the Scottish Ministers or a person nominated
by the Scottish Ministers (“the transferee”).

(2) The existing Scottish functions are the Commissioners’ functions
relating to the part of the Crown Estate that, immediately before the
40transfer date, consists of—

(a) property, rights or interests in land in Scotland, excluding
property, rights or interests mentioned in subsection (3), and

(b) rights in relation to the Scottish zone.

(3) Where immediately before the transfer date part of the Crown Estate
5consists of property, rights or interests held by a limited partnership
registered under the Limited Partnerships Act 1907, subsection (2)(a)
excludes—

(a) the property, rights or interests, and

(b) any property, rights or interests in, or in a member of, a partner
10in the limited partnership.

(4) Functions relating to rights within subsection (2)(b) are to be treated for
the purposes of this Act as exercisable in or as regards Scotland.

(5) The scheme may specify any property, rights or interests that appear to
the Treasury to fall within subsection (2)(a) or (b), without prejudice to
15the functions transferred by the scheme.

(6) The scheme must provide for the transfer to the transferee of
designated rights and liabilities of the Commissioners in connection
with the functions transferred.

(7) The scheme must include provision to secure that the employment of
20any person in Crown employment (within the meaning of section 191
of the Employment Rights Act 1996) is not adversely affected by the
transfer.

(8) The scheme must include such provision as the Treasury consider
necessary or expedient —

(a) 25in the interests of defence or national security,

(b) in connection with access to land for the purposes of
telecommunications, or with other matters falling within
Section C10 in Part 2 of Schedule 5,

(c) for securing that the management of property, rights or
30interests to which the existing Scottish functions relate does not
conflict with the exploitation of resources falling within Section
D2 in Part 2 of Schedule 5, or with other reserved matters in
connection with their exploitation, and

(d) for securing consistency, in the interests of consumers, in the
35management of property, rights or interests to which the
existing Scottish functions relate and of property, rights or
interests to which other functions of the Commissioners relate,
so far as it affects the transmission or distribution of electricity
or the provision or use of electricity interconnectors.

(9) 40Any transfer by the scheme is subject to any provision under subsection
(8).

(10) The scheme may include—

(a) incidental, supplemental and transitional provision;

(b) consequential provision, including provision amending an
45enactment, instrument or other document;

(c) provision conferring or imposing a function on any person
including any successor of the transferee;

(d) provision for the creation of new rights or liabilities in relation
to the functions transferred.

(11) On the transfer date, the existing Scottish functions and the designated
rights and liabilities are transferred and vest in accordance with the
5scheme.

(12) A certificate by the Treasury that anything specified in the certificate
has vested in any person by virtue of the scheme is conclusive evidence
for all purposes.

(13) The Treasury may make a scheme under this section only with the
10agreement of the Scottish Ministers.

(14) The power to make a scheme under this section is exercisable by
statutory instrument.

(15) The power to amend the scheme is exercisable so as to provide for an
amendment to have effect from the transfer date.

(16) 15In this section—

• “designated” means specified in or determined in accordance with
  the scheme;

• “the transfer date” means a date specified by the scheme as the
  date on which the scheme is to have effect.””

(2) 20In Part 1 of Schedule 5 to the Scotland Act 1998 (general reservations) in
paragraph 2(3) after “Crown Estate” insert “(that is, the property, rights and
interests under the management of the Crown Estate Commissioners)”.

(3) In paragraph 1(2) of Schedule 7 to that Act (procedure for subordinate
legislation) in the appropriate place insert—

(4) After paragraph 3 of that Schedule insert—

“3A If legislation under section 90B amends a scheme under that section
and does not contain provision—

(a) made by virtue of subsection (8) or (15) of that section, or

(b) 30adding to, replacing or omitting any part of the text of an Act,

then, instead of the type C procedure, the type I procedure shall
apply.””

(5) For the purposes of the exercise on and after the transfer date of functions
transferred by the scheme under section 90B of the Scotland Act 1998, the
35Crown Estate Act 1961 applies in relation to the transferee as it applied
immediately before that date to the Crown Estate Commissioners, with the
following modifications—

(a) a reference to the Crown Estate is to be read as a reference to the
property, rights and interests to which the transferred functions relate;

(b) 40a reference to the Secretary of State or the Treasury is to be read as a
reference to the Scottish Ministers;

(c) a reference to the Comptroller and Auditor General is to be read as a
reference to the Auditor General for Scotland;

(d) a reference to Parliament or either House of Parliament is to be read as
a reference to the Scottish Parliament;

(e) the following do not apply—

• in section 1, subsections (1), (4) and (7);

• 5in section 2, subsections (1) and (2) and, if the Scottish Ministers
  are the transferee, the words in subsection (3) from “in relation
  thereto” to the end;

• sections 5, 7 and 8 and Schedule 1.

(6) Subsection (5) is subject to any provision made by Order in Council under
10subsection (7) or by any other enactment, including an enactment comprised
in, or in an instrument made under, an Act of the Scottish Parliament.

(7) Her Majesty may by Order in Council make such provision as She considers
appropriate for or in connection with the exercise by the transferee under the
scheme under section 90B of the Scotland Act 1998 of functions transferred by
15the scheme, including provision taking effect on or before the transfer date.

(8) The power to make an Order in Council under subsection (7) is exercisable by
Scottish statutory instrument subject to the affirmative procedure (see section
29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(9) That power is to be regarded as being exercisable within devolved competence
20before the transfer date for the purposes of—

(a) section 92(4)(c) of the Scotland Act 1998 (Queen’s Printer for Scotland);

(b) section 104(2)(c) of that Act (power to make provision consequential on
legislation of, or scrutinised by, the Parliament);

(c) paragraph 11(3)(c) of Schedule 4 to that Act (modification of
25enactments in relation to making of subordinate legislation).

(10) Nothing in this section or any other enactment confers power to make
provision (by Order in Council, Act of the Scottish Parliament or otherwise)
that would modify, for the purposes of the transfer of functions by the scheme
under section 90B of the Scotland Act 1998 or at any time after its transfer by
30that scheme, the function of maintaining the property, rights and interests
within subsection (2) of that section as an estate in land, with such proportion
of cash or investments as seems to the person managing them to be required
for the discharge of that person’s functions in relation to them.

(11) In section 1(2) of the Civil List Act 1952 (payment of hereditary revenues into
35the Scottish Consolidated Fund) after “treasure trove” insert “and from the
property, rights and interests the management of which is transferred by the
scheme under section 90B of the Scotland Act 1998”.

(12) In Schedule 1 to the Crown Estate Act 1961, omit paragraph 1(3A) and (4A)
(Commissioner with special responsibility for Scotland).

(13) 40In the Scotland Act 2012, omit section 18.

32 Equal opportunities

(1) Section L2 in Part 2 of Schedule 5 to the Scotland Act 1998 (equal opportunities)
is amended as follows.

(2) For the words from “including” to the end of paragraph (d) substitute
45“including the subject-matter of—

“the Equality Act 2006, and

(b) the Equality Act 2010.””

(3) Under the heading “Exceptions”, at the end insert—

““The subject-matter of Part 1 of the Equality Act 2010 (socio-economic
inequalities).

5Equal opportunities in relation to the Scottish functions of any Scottish
public authority or cross-border public authority. The provision falling
within this exception does not include any modification of the Equality
Act 2006 or the Equality Act 2010, or any subordinate legislation made
under those Acts, but does include—

(a) 10provision that supplements or is otherwise additional to
provision made by those Acts;

(b) in particular, provision imposing a requirement to take action
that the Acts do not prohibit;

(c) provision that reproduces or applies an enactment contained in
15those Acts, with or without modification, without affecting the
enactment as it applies for the purposes of those Acts.””

(4) Under the heading “Interpretation”, at the end insert—

• ““The references to the Equality Act 2006, the Equality Act 2010 and
  Part 1 of that Act, and to any subordinate legislation made
  20under those Acts, are to be read as references to those
  enactments, as at the day on which section 32 of the Scotland
  Act 2015 comes into force, but treating any provision of them
  that is not yet in force on that day as if it were in force.””

(5) The Equality Act 2010 is amended as follows.

(6) 25In section 2, after subsection (7) (duty to consult before amending section 1)
insert—

“(7A) Subsection (7) applies to the making of regulations by the Scottish
Ministers only so far as it is outside devolved competence (within the
meaning of the Scotland Act 1998) to make them.”

(7) 30In section 152(3) (power to specify public authorities: consultation and
consent), for the words after “must” substitute “consult the Commission, and
after making such an order they must inform a Minister of the Crown.”

(8) In the table in section 154(3) (power to impose specific duties: cross-border
authorities) in the second column for the words “The Scottish Ministers must
35consult a Minister of the Crown before” in both places substitute “The Scottish
Ministers must inform a Minister of the Crown after”.

(9) In section 216 (commencement) at the beginning of subsection (3) insert
“Subject to subsection (4),” and after that subsection insert—

“(4) Part 1, so far as it confers a power on the Scottish Ministers that is
40exercisable within devolved competence, within the meaning of the
Scotland Act 1998, comes into force on such day as the Scottish
Ministers may by order appoint.

(5) The following do not apply to an order under subsection (4)—

(a) section 207(2) (see instead section 27 of the Interpretation and
45Legislative Reform (Scotland) Act 2010: powers exercisable by
Scottish statutory instrument), and

(b) section 210.””

(10) In the Interpretation and Legislative Reform (Scotland) Act 2010, in section
30(4) (other instruments laid before the Parliament: exceptions) after
paragraph (i) insert—

“(j) 5section 216(4) of the Equality Act 2010 (c.15)2010 (c.15).””

33 Tribunals

(1) In Part 3 of Schedule 5 to the Scotland Act 1998 (reserved matters: general
provisions) after paragraph 2 insert—

““Tribunals

2A (1) 10This Schedule does not reserve the transfer to a Scottish tribunal of
functions of a tribunal that relate to reserved matters, so far as those
functions are exercisable in relation to Scottish cases.

(2) Sub-paragraph (1) does not apply in relation to functions of any of
the following—

(a) 15the First-tier Tribunal or the Upper Tribunal that are
established under section 3 of the Tribunals, Courts and
Enforcement Act 2007;

(b) an employment tribunal or the Employment Appeal
Tribunal;

(c) 20a tribunal listed in Schedule 1 to the Tribunals and Inquiries
Act 1992;

(d) a tribunal listed in Schedule 6 to the Tribunals, Courts and
Enforcement Act 2007;

(3) Sub-paragraph (2)(c) and (d) include a tribunal added to the
25Schedule concerned after this paragraph comes into force.

(4) This Schedule does not reserve the transfer of a specified function of
a tribunal referred to in sub-paragraph (2) to a specified Scottish
tribunal, so far as the function is exercisable in relation to Scottish
cases, in accordance with provision made by Her Majesty by Order
30in Council.

(5) An Order in Council under this paragraph may make any provision
which Her Majesty considers necessary or expedient for the
purposes of or in consequence of the transfer of the function and its
exercise by the Scottish tribunal.

(6) 35Such provision may—

(a) include provision that—

(i) modifies the function;

(ii) imposes conditions or restrictions (including
conditions or restrictions relating to the composition
40or rules of procedure of the Scottish tribunal, or to its
staff or accommodation);

(iii) specifies the category or categories of Scottish cases in
relation to which the transfer is to have effect;

(b) be made with a view to purposes including—

(i) securing consistency in any respect in practice or
procedure or otherwise between the Scottish tribunal
and other tribunals;

(ii) promoting judicial co-operation in the interests of
5consistency.

(7) Sub-paragraph (6) does not limit the provision that may be made by
virtue of sub-paragraph (5).

(8) Sub-paragraph (1) does not apply in relation to functions of any of
the following—

(a) 10the Pathogens Access Appeal Commission;

(b) the Proscribed Organisations Appeal Commission;

(c) the Special Immigration Appeals Commission;

(d) the tribunal established by section 65(1) of the Regulation of
Investigatory Powers Act 2000 (investigatory powers
15tribunal);

(e) any other tribunal that has functions relating to matters
falling within Section B8 of Part 2 of this Schedule.

(9) Neither sub-paragraph (1) nor sub-paragraph (4) applies in relation
to functions of a regulator, or of a person or body that exercises
20functions on behalf of a regulator.

(10) Sub-paragraph (4) does not apply in relation to functions of the
Comptroller-General of Patents, Designs and Trade Marks.

(11) In this paragraph—

• a “regulator” means a person or body that has regulatory
  25functions (within the meaning given by section 32 of the
  Legislative and Regulatory Reform Act 2006);

• “Scottish cases” has the meaning given by an Order in Council
  under this paragraph;

• a “Scottish tribunal” means a tribunal in Scotland—

  (a)

  30that does not have functions in or as regards any other
  country or territory, except for purposes ancillary to
  its functions in or as regards Scotland, and

  (b)

  that is not, and does not have as a member, a member
  of the Scottish Government;

• 35“specified” means specified by an Order in Council under this
  paragraph.

(12) The powers conferred by this paragraph do not affect the powers
conferred by section 30 or section 113.””

(2) In paragraph 1(2) of Schedule 7 (procedure for subordinate legislation) at the
40appropriate place insert—

(3) Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals to which
the Act applies) is amended as follows.

(4) Before paragraph 9A insert—

(5) In paragraph 34 (patents, designs and trademarks)—

(a) the words from “the Comptroller-General” to the end become sub-
paragraph (a), and

(b) after that sub-paragraph insert—

“(b) 10a person appointed under section 27A(1)(a) of the
Registered Designs Act 1949;

(c) a person appointed under section 77(1) of the Trade
Marks Act 1994”.”

(6) In section 7(2) of the Tribunals and Inquiries Act 1992 (tribunals in relation to
15which section 7 does not apply) after “3,” insert “9ZA,”.

(7) In section 14(1)(a) of that Act (restricted application of Act in relation to certain
tribunals) after “paragraph” insert “9ZA,”.

34 Roads

(1) In Part 2 of Schedule 5 to the Scotland Act 1998, Section E1 (specific
20reservations: road transport) is amended as follows.

(2) In the reservation relating to the subject-matter of certain enactments, for
paragraph (c) (reservation of subject-matter of section 17 and other provisions
of the Road Traffic Regulation Act 1984) substitute—

“(c) section 17 of the Road Traffic Regulation Act 1984 (traffic
25regulation on special roads) except so far as relating to the
speed of vehicles on special roads, and section 87 of that Act
(exemption of emergency vehicles from speed limits) so far as
relating to vehicles used in connection with any other
reserved matter or to the training of drivers of vehicles,””

(3) 30In the exception relating to the Road Traffic Act 1988, after “sections” insert “36
(offence of failing to comply with traffic sign),”.

(4) After that exception insert—

““Interpretation

• The reference to the subject-matter of section 87 of the Road Traffic
  35Regulation Act 1984 is to be construed as a reference to it as at the date
  when section 34 of the Scotland Act 2015 comes into force (and,
  accordingly, paragraph 5(1) of Part 3 of this Schedule does not apply to
  that reference).””

35 Roads: traffic signs etc

(1) 40The Road Traffic Regulation Act 1984 is amended as follows.

(2) In section 25(1) (Secretary of State to make pedestrian crossing regulations) for
“Secretary of State” substitute “national authority”.

(3) In section 64 (general provisions as to traffic signs)—

(a) in subsections (1) and (2) for “Secretary of State” substitute “national
5authority”,

(b) in subsection (1) for “Ministers acting jointly” substitute “national
authority,

(c) omit subsections (2A) to (2C), and

(d) omit subsections (7) and (8).

(4) 10Section 65 (powers of traffic authorities as to placing of traffic signs) is
amended as follows.

(5) In subsection (1) omit “as may be given by the Ministers acting jointly”.

(6) In subsections (1), (2), (3A)(ii) and (4) for “Secretary of State” substitute
“national authority”.

(7) 15In subsection (3) after “power” insert “of the Secretary of State”.

(8) After that subsection insert—

“(3ZA) The power of the Scottish Ministers to give general directions under
subsection (1) is to be exercisable by Scottish statutory instrument.

(3ZB) Before giving a general direction under subsection (1) the Secretary of
20State must consult with the Scottish Ministers.

(3ZC) Before giving a general direction under subsection (1) the Scottish
Ministers must consult with the Secretary of State.””

(9) In subsection (3A)(ii) after “prescribed” insert “in regulations made by the
national authority”.

(10) 25In section 69(3) (Secretary of State’s directions for removal of traffic signs) for
“Secretary of State” substitute “national authority”.

(11) In section 70(1) (default powers of Secretary of State as to traffic signs)—

(a) for “Secretary of State” substitute “national authority”,

(b) omit “himself”,

(c) 30omit “by him” in the first place,

(d) for “him”, in the second place, substitute “the national authority”, and

(e) after “the authority” insert “that failed to comply with the direction”.

(12) In section 71(1) (power to enter land in connection with traffic signs) for
“Secretary of State” substitute “national authority”.

(13) 35In section 77 (modification of provisions relating to directions where Secretary
of State is the traffic authority) for “Secretary of State”, in both places,
substitute “national authority”.

(14) Section 79 (advances by Secretary of State towards expenses of traffic signs) is
amended as follows.

(15) 40In subsection (1), for the words from “Secretary of State” to “Parliament,”
substitute “national authority may”.