Scotland Bill

FIFTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 24th January 2012, as follows—

Clauses 43 and 44
Clause 10
Schedules 1 to 5

[Amendments marked * are new or have been altered]

Clause 43

LORD FORSYTH OF DRUMLEAN

74B

Page 32, line 27, at end insert—

“( ) Section 28 shall not come into force until 60 days after the Secretary of State has laid before both Houses of Parliament a report on the impact of the provisions of that section on the financial privileges of the House of Commons.”

LORD FOULKES OF CUMNOCK

75

Page 32, line 29, leave out “this Act is passed” and insert “a referendum is held throughout Scotland in which a majority of participants vote in favour of the provisions of Parts 1, 2 and 3 of this Act”

76

Page 32, leave out lines 31 to 40

76A

[Withdrawn]

LORD FORSYTH OF DRUMLEAN

76B

Page 32, line 31, after first “section” insert “28”

77

Page 32, line 31, leave out “section 30(7)” and insert “sections 30 to 32”

78

Page 32, line 34, leave out paragraph (a)

79

Page 32, line 34, at end insert—

“( ) section 32A”

80

Page 32, line 36, at end insert—

“(d) sections 36A and 36B.”

81

Page 32, line 36, at end insert—

“(e) sections 36C and 36D.”

82

Page 32, line 39, leave out paragraph (a)

83

Page 32, line 40, at end insert—

“( ) Sections 30 to 32 come into force in accordance with section (Commencement of sections 30 to 32).”

LORD FOULKES OF CUMNOCK

THE EARL OF CAITHNESS

84

Page 32, line 40, at end insert—

“( ) Part 3 and Schedule 3 come into force in accordance with section (Commencement of Part 3).”

LORD FORSYTH OF DRUMLEAN

85

Page 32, line 40, at end insert—

“(4A) The following provisions shall not come into force until the Scottish Parliament has passed a legislative consent motion signifying its consent to those provisions—

(a) sections 12 to 14,

(b) section 27, and

(c) Part 3.

(4B) If the Scottish Parliament fails to pass a legislative consent motion under subsection (4A) within two months of the passing of this Act, then the provisions listed in subsection (4A) shall lapse.”

85A

Page 32, line 40, at end insert—

“(4A) Section 34 shall come into force once the Treasury has consulted on the provisions therein and obtained the consent of the Scottish Parliament.”

LORD FOULKES OF CUMNOCK

86

Page 32, line 42, at end insert—

“( ) The Secretary of State or the Treasury may not appoint a day for any purpose until a referendum throughout Scotland in which a majority of participants vote in favour of the provisions of Parts 1, 2 and 3 of this Act has been held.”

LORD FOULKES OF CUMNOCK

THE EARL OF CAITHNESS

87

Page 33, line 2, at end insert—

“( ) Notwithstanding the other provisions of this section, no provision of this Act may come into force until a referendum has been held in accordance with section (Referendum about Scottish independence).”

LORD FORSYTH OF DRUMLEAN

87A

Page 33, line 2, at end insert—

“( ) Notwithstanding the other provisions of this section, no provision of this Act may come into force until—

(a) the Secretary of State has laid before both Houses of Parliament a response to any report produced by the Commission on the consequences of devolution for the House of Commons, and

(b) the Secretary of State has taken any actions consequential upon such responses.”

Before Clause 10

LORD FORSYTH OF DRUMLEAN

THE EARL OF CAITHNESS

LORD LANG OF MONKTON

88

Insert the following new Clause—

“Referendum about Scottish independence

(1) The holding of a referendum on whether Scotland should become independent from the rest of the United Kingdom is outside the legislative competence of the Scottish Parliament (see subsection (6)).

(2) The Prime Minister may by order cause a referendum to be held throughout Scotland about whether Scotland should become independent of the rest of the United Kingdom.

(3) The order shall contain the question that is to appear on the ballot paper.

(4) The referendum shall be held in accordance with provisions made in the order, applying the provisions in sections 2, 3, 5 and 6 of, and Schedules 1, 2, 3, 4 and 9 to, the Parliamentary Voting System and Constituencies Act 2011 with such modifications as are necessary.

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

(6) In Part 1 of Schedule 5 to the 1998 Act, after paragraph 1 (the Constitution) insert—

“1A. The holding of a referendum on whether Scotland should become independent of the rest of the United Kingdom is a reserved matter.””

THE EARL OF CAITHNESS

[Amendments 89 and 90 are amendments to Amendment 88]

89

Line 8, at end insert—

“(2A) A referendum held under subsection (2) shall be advisory.

(2B) If a referendum held under subsection (2) results in a “yes” vote, the Prime Minister shall cause a further referendum, with the same question, to be held throughout the United Kingdom.

(2C) The result of a referendum held under subsection (2B) shall be binding.”

90

Line 8, at end insert—

“(2D) A vote in a referendum held under subsection (2B) of this section which results in Scotland leaving the United Kingdom shall not be binding on the residents of the Orkney Islands or the Shetland Islands unless a majority of the residents of the Orkney Islands and the Shetland Islands who voted in such a referendum voted that Scotland should leave the United Kingdom.”

LORD FOULKES OF CUMNOCK

[In substitution for Amendment 25]

90A

Insert the following new Clause—

“Taxes and excise duties

(1) In Part 2 of Schedule 5 to the 1998 Act, in section A1 (fiscal, economic and monetary policy) omit “taxes and excise duties”.

(2) The Scottish Government shall pay funds to the Government to cover a proportion of the costs incurred as a result of policies made under reserved matters.

(3) This section shall only come into effect if it is approved by a majority of people voting in a referendum on the provisions held in accordance with Schedule (Referendums under this Act).”

LORD FOULKES OF CUMNOCK

91

Insert the following new Clause—

“Referendum about Scottish independence

(1) Her Majesty may by Order in Council, on the advice of the Prime Minister, cause a referendum to be held throughout Scotland about whether Scotland should become independent of the rest of the United Kingdom.

(2) Such a referendum can only be held within 24 months of the day on which this Act is passed.

(3) The question that is to appear on the ballot paper is—

Do you want Scotland to remain part of the United Kingdom?

(4) For further provision about a referendum held by virtue of subsection (1), Schedule (Referendums under this Act) applies.

(5) An Order in Council under this section may not be made unless a draft of the statutory instrument containing the Order has been laid before, and approved by a resolution of, each House of Parliament.”

92

[Withdrawn]

LORD STEEL OF AIKWOOD

[As an amendment to Amendment 91]

93

Line 14, at end insert “and the Scottish Parliament.

( ) Such a referendum must be administered by the Electoral Commission.”

LORD FOULKES OF CUMNOCK

94

Insert the following new Clause—

“Reserved matters: referendum dispensation

(1) Schedule 5 to the 1998 Act (reserved matters) is amended as follows.

(2) After paragraph 5 insert—

“(6) Paragraph 1 does not reserve provision for a referendum about whether Scotland should become independent of the rest of the United Kingdom provided that the legislation to provide for such a referendum requires that it—

(a) is held throughout Scotland within 12 months of the date on which this Bill receives Royal Assent;

(b) uses on its ballot paper a question proposed by the Electoral Commission; and

(c) is held in accordance with Part VII (referendums) of the Political Parties, Elections and Referendums Act 2000, except that—

(i) references in the Act to Parliament shall be deemed to be references to the Scottish Parliament,

(ii) references in the Act to the Secretary of State shall be deemed to be references to the First Minister, and

(iii) section 125(2)(b) shall include any Scottish Minister.””

THE EARL OF CAITHNESS

[In substitution for Amendment 26]

94A

Insert the following new Clause—

“Amendments to the Island Of Rockall Act 1972

(1) The Island Of Rockall Act 1972 is amended as follows.

(2) In section 1 (incorporation of Rockall into the United Kingdom as part of the County of Inverness), after first “shall” insert “for administrative purposes”.

(3) After section 1 insert—

“1A Ownership of Rockall

Rockall is owned by the United Kingdom and, in the event of Scotland leaving the United Kingdom, it shall be owned by the United Kingdom.””

LORD FORSYTH OF DRUMLEAN

94B

Insert the following new Clause—

“Referendum about Scottish independence

(1) A referendum held under section (Referendum about Scottish independence) or in pursuance of the provisions of section 30 of the Scotland Act 1998 shall not take place until nine months after the requirements of subsection (2) have been complied with.

(2) Every Secretary of State shall lay before both Houses of Parliament a paper prepared by their department setting out the implications of an independent Scotland—

(a) to that department and its executive agencies,

(b) for that department’s policies, and

(c) for that department’s planned expenditure.”

LORD FOULKES OF CUMNOCK

94C

Insert the following new Clause—

“Referendums about Scottish independence and fiscal autonomy

(1) Her Majesty may by Order in Council, on the advice of the Prime Minister, cause referendums to be held throughout Scotland about—

(a) whether Scotland should become independent of the rest of the United Kingdom, and

(b) whether the Scottish Parliament should obtain full fiscal autonomy.

(2) A referendum held by virtue of subsection (1)(a) can only be held within 24 months of the day on which this Act is passed.

(3) The question that is to appear on the ballot paper for a referendum held by virtue of subsection (1)(a) is—

Do you want Scotland to remain part of the United Kingdom?

(4) A referendum held by virtue of subsection (1)(b) can only be held if the majority of voters participating in the referendum held by virtue of section (1)(a) have voted in favour of the question on the ballot paper.

(5) Subject to subsection (4), a referendum held by virtue of subsection (1)(b) will take place 35 days after a referendum held by virtue of subsection (1)(a).

(6) The question that is to appear on the ballot paper for a referendum held by virtue of subsection (1)(b) is—

Do you want Scotland to have full fiscal autonomy?

(7) For further provision about referendums held by virtue of subsection (1), Schedule (Referendums under this Act) applies.

(8) An Order in Council under this section may not be made unless a draft of the statutory instrument containing the Order has been laid before, and approved by a resolution of, each House of Parliament.”

THE EARL OF CAITHNESS

[As an amendment to Amendment 94C]

94CA

Line 21, at end insert “and in consequence to cease to use the Pound Sterling as its currency”

LORD SEWEL

94D

Insert the following new Clause—

“Reserved matters

(1) In Part 1 to Schedule 5 to the 1998 Act, after paragraph 1 insert—

“(f) all matters preparatory and ancillary to the constitutional status of Scotland.”

(2) In Schedule 7 to the 1998 Act, in paragraph 1(2) omit—

“Section 30 Type A”.”

THE EARL OF CAITHNESS

94E

Insert the following new Clause—

“Referendums relating to the Union of the Kingdoms or the powers of the Scottish Parliament

(1) Notwithstanding section 29 of Schedule 5 to the Scotland Act 1998, an Act of the Scottish Parliament which provides for any referendum which relates to the Union of the Kingdoms or to the powers of that Parliament is not law unless—

(a) the Electoral Commission has certified that any question (or questions) proposed to be asked in such a referendum is intelligible and expressed in terms which are not designed and are so far as is possible not likely to have the effect of making one choice more or less likely than any other to be chosen by voters, and

(b) the Electoral Commission has certified that the method by which the outcome of any referendum is it be determined following the casting of the votes is appropriate in all the circumstances.

(2) Any Act of the Scottish Parliament which includes any power to set the question or questions to be asked in any such referendum by subordinate instrument of whatever sort is not law unless it requires that the conditions in subsection (1)(a) and (b) are met before the subordinate instrument shall have effect.

(3) No Order in Council which alters the legislative competence of the Scottish Parliament so as to provide that an Act of the Scottish Parliament which provides for such a referendum is law shall have effect unless—

(a) if such an Order contains a proposed question (or questions) then the conditions in subsection (1)(a) and (b) are met; or

(b) if such an Order does not contain a proposed question (or questions) it provides that an Act of the Scottish Parliament is not law unless those conditions are met, or as the case may be, it requires that they are met before any subordinate instrument containing proposed questions is effective.

(4) The Electoral Commission may, and if it has reasonable grounds to believe that a referendum to which this section applies is likely it be held shall, undertake such research as it considers necessary to enable it properly to discharge the functions of certification conferred on it by this section.”

Clause 10

LORD WALLACE OF TANKERNESS

 

Lord Wallace of Tankerness gives notice of his intention to oppose the Question that Clause 10 stand part of the Bill.

After Clause 10

LORD WALLACE OF TANKERNESS

95

Insert the following new Clause—

“Continued effect of provisions ceasing to be within legislative competence

(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 16) 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.””

LORD SELSDON

96

Insert the following new Clause—

“Referendums: definition of Scottish nationality

(1) For any referendum under this Act in which voting is restricted to those of Scottish nationality, the provisions of this section shall apply.

(2) A person shall be considered to be of Scottish nationality if they are—

(a) ordinarily resident, or

(b) resident

in Scotland, or if the domicile of their father was Scotland at the time of their birth.”

After Schedule 3

LORD FORSYTH OF DRUMLEAN

97

Insert the following new Schedule—

“SCHEDULE Referendums on commencement of sections 30 to 32 or increasing Scottish rate of income tax Entitlement to vote

1 (1) The persons entitled to vote in a referendum held by virtue of section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) are those who would be entitled to vote in a general election of Scottish Parliament members if one were held on the date of the poll at the referendum.

(2) But an Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) may include provision for disregarding alterations made in a register of electors after a specified date.

Conduct etc of referendum

2 (1) An Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) may make provision for and in connection with the referendum which it causes to be held.

(2) Such an Order in Council may, in particular, apply or incorporate, with or without modification, any enactment relating to referendums, elections or donations.

(3) In sub-paragraph (2) “donations” means anything which is or corresponds to a donation within the meaning of Part 4 of the Political Parties, Elections and Referendums Act 2000.

Referendum question and statement

3 (1) An Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax)—

(a) must specify the question to be included on the ballot paper at the referendum which it causes to be held, and

(b) may specify a statement to precede the question on that ballot paper.

(2) The Secretary of State must, no later than the time at which paragraph (b) of section 104(4) of the Political Parties, Elections and Referendums Act 2000 (report stating views as to intelligibility of referendum question expressed by Electoral Commission) is complied with, send to the First Minister a copy of the report laid before Parliament under that paragraph.

(3) As soon as is reasonably practicable after the First Minister receives a copy of a report under sub-paragraph (2), the First Minister must lay a copy of the report before the Scottish Parliament.

Date of referendum

4 (1) An Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum of increasing rate of Scottish income tax) must specify the date of the poll at the referendum which it causes to be held.

(2) The Secretary of State may by order vary the date of the poll specified in such an Order in Council (including a date previously set by virtue of this sub-paragraph) if it appears inappropriate for it to be held on that date.

(3) No order may be made under sub-paragraph (2) without the consent of the Scottish Ministers.

(4) A statutory instrument containing an order under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

Referendum period

5 An Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) must determine the referendum period for the purposes of Part 7 of the Political Parties, Elections and Referendums Act 2000 in the case of the referendum which it causes to be held.

Combination of polls

6 An Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) may make provision for and in connection with the combination of the poll at the referendum which it causes to be held with that at an election or at another referendum (or both).

Encouraging voting

7 An Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) may authorise or require the Electoral Commission to do things for the purpose of encouraging voting in the referendum which it causes to be held (including imposing obligations or conferring powers on counting officers or other persons).

Provision of information to voters

8 (1) This paragraph applies in relation to a referendum held by virtue of section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) if the Electoral Commission have not, before the appropriate day, designated an organisation under section 108 of the Political Parties, Elections and Referendums Act 2000 (organisations to whom assistance is available under section 110 of that Act) in relation to each possible outcome of the referendum.

(2) The Electoral Commission may take such steps as they think appropriate to provide such information for persons entitled to vote in the referendum as the Commission think is likely to promote awareness among those persons about the arguments for each answer to the referendum question.

(3) Information provided in pursuance of sub-paragraph (2) must be provided by whatever means the Electoral Commission think is most likely to secure (in the most cost-effective way) that the information comes to the notice of everyone entitled to vote in the referendum.

(4) In this paragraph “the appropriate day” means—

(a) if an order is made under section 109(6) of the Political Parties, Elections and Referendums Act 2000 (variation of period for applications for designation under section 108 or period for determination of applications or both) in the case of the referendum, such day as that order specifies as the appropriate day,

(b) if no such order is made and one or more applications are made in relation to each possible outcome of the referendum before the 29th day of the referendum period, the 43rd day of the referendum period, and

(c) in any other case in which no such order is made, the 29th day of the referendum period.

Referendum material

9 Section 126 of the Political Parties, Elections and Referendums Act 2000 (details to appear on referendum material) does not apply to any material published for the purposes of a referendum held by virtue of section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) if the publication is required under or by virtue of the Order in Council that causes the referendum to be held.

Funding and accounts

10 An Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) must include provision for the funding of costs of the referendum which it causes to be held (and may, in particular, include provision for the costs to be charged on, or payable out of, the Scottish Consolidated Fund).

11 An Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) must include provision as to the preparation and audit of accounts relating to payments made by virtue of provision included in the Order in Council under paragraph 10.

No legal challenge to referendum result

12 (1) No court may entertain any proceedings for questioning the number of ballot papers counted or votes cast in a referendum held by virtue of section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) as certified by the Chief Counting Officer or a counting officer unless—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the permitted period.

(2) In sub-paragraph (1) “the permitted period” means the period of six weeks beginning with—

(a) the date on which the Chief Counting Officer or counting officer gives a certificate as to the number of ballot papers counted and votes cast in the referendum, or

(b) if the Chief Counting Officer or counting officer gives more than one such certificate, the date on which the last is given.

Supplementary

13 An Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) may include provision creating criminal offences.

Interpretation

14 Expressions used in this Schedule and in Part 7 of the Political Parties, Elections and Referendums Act 2000 have the same meaning in this Schedule as in that Part.”

LORD FOULKES OF CUMNOCK

THE EARL OF CAITHNESS

98

Insert the following new Schedule—

“SCHEDULE Referendums under this Act Entitlement to vote

1 (1) The persons entitled to vote in a referendum held by virtue of any provision of this Act are those who would be entitled to vote in a general election of Scottish Parliament members if one were held on the date of the poll at the referendum.

(2) But an Order in Council under this Act may include provision for disregarding alterations made in a register of electors after a specified date.

Conduct etc of referendum

2 (1) An Order in Council under this Act may make provision for and in connection with the referendum which it causes to be held.

(2) Such an Order in Council may, in particular, apply or incorporate, with or without modification, any enactment relating to referendums, elections or donations.

(3) In sub-paragraph (2) “donations” means anything which is or corresponds to a donation within the meaning of Part 4 of the Political Parties, Elections and Referendums Act 2000.

Referendum question and statement

3 (1) An Order in Council under this Act—

(a) must specify the question to be included on the ballot paper at the referendum which it causes to be held, and

(b) may specify a statement to precede the question on that ballot paper.

(2) The Secretary of State must, no later than the time at which paragraph (b) of section 104(4) of the Political Parties, Elections and Referendums Act 2000 (report stating views as to intelligibility of referendum question expressed by Electoral Commission) is complied with, send to the First Minister a copy of the report laid before Parliament under that paragraph.

(3) As soon as is reasonably practicable after the First Minister receives a copy of a report under sub-paragraph (2), the First Minister must lay a copy of the report before the Scottish Parliament.

Date of referendum

4 (1) An Order in Council under this Act must specify the date of the poll at the referendum which it causes to be held.

(2) The Secretary of State may by order vary the date of the poll specified in such an Order in Council (including a date previously set by virtue of this sub-paragraph) if it appears inappropriate for it to be held on that date.

(3) No order may be made under sub-paragraph (2) without the consent of the Scottish Ministers.

(4) A statutory instrument containing an order under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

Referendum period

5 An Order in Council under this Act must determine the referendum period for the purposes of Part 7 of the Political Parties, Elections and Referendums Act 2000 in the case of the referendum which it causes to be held.

Combination of polls

6 An Order in Council under this Act may make provision for and in connection with the combination of the poll at the referendum which it causes to be held with that at an election or at another referendum (or both).

Encouraging voting

7 An Order in Council under this Act may authorise or require the Electoral Commission to do things for the purpose of encouraging voting in the referendum which it causes to be held (including imposing obligations or conferring powers on counting officers or other persons).

Provision of information to voters

8 (1) This paragraph applies in relation to a referendum held by virtue of this Act if the Electoral Commission have not, before the appropriate day, designated an organisation under section 108 of the Political Parties, Elections and Referendums Act 2000 (organisations to whom assistance is available under section 110 of that Act) in relation to each possible outcome of the referendum.

(2) The Electoral Commission may take such steps as they think appropriate to provide such information for persons entitled to vote in the referendum as the Commission think is likely to promote awareness among those persons about the arguments for each answer to the referendum question.

(3) Information provided in pursuance of sub-paragraph (2) must be provided by whatever means the Electoral Commission think is most likely to secure (in the most cost-effective way) that the information comes to the notice of everyone entitled to vote in the referendum.

(4) In this paragraph “the appropriate day” means—

(a) if an order is made under section 109(6) of the Political Parties, Elections and Referendums Act 2000 (variation of period for applications for designation under section 108 or period for determination of applications or both) in the case of the referendum, such day as that order specifies as the appropriate day,

(b) if no such order is made and one or more applications are made in relation to each possible outcome of the referendum before the 29th day of the referendum period, the 43rd day of the referendum period, and

(c) in any other case in which no such order is made, the 29th day of the referendum period.

Referendum material

9 Section 126 of the Political Parties, Elections and Referendums Act 2000 (details to appear on referendum material) does not apply to any material published for the purposes of a referendum held by virtue of this Act if the publication is required under or by virtue of the Order in Council that causes the referendum to be held.

Funding and accounts

10 An Order in Council under this Act must include provision for the funding of costs of the referendum which it causes to be held (and may, in particular, include provision for the costs to be charged on, or payable out of, the Scottish Consolidated Fund).

11 An Order in Council under this Act must include provision as to the preparation and audit of accounts relating to payments made by virtue of provision included in the Order in Council under paragraph 10.

No legal challenge to referendum result

12 (1) No court may entertain any proceedings for questioning the number of ballot papers counted or votes cast in a referendum held by virtue of this Act as certified by the Chief Counting Officer or a counting officer unless—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the permitted period.

(2) In sub-paragraph (1) “the permitted period” means the period of six weeks beginning with—

(a) the date on which the Chief Counting Officer or counting officer gives a certificate as to the number of ballot papers counted and votes cast in the referendum, or

(b) if the Chief Counting Officer or counting officer gives more than one such certificate, the date on which the last is given.

Supplementary

13 An Order in Council under this Act may include provision creating criminal offences.

Interpretation

14 Expressions used in this Schedule and in Part 7 of the Political Parties, Elections and Referendums Act 2000 have the same meaning in this Schedule as in that Part.”

BARONESS TAYLOR OF BOLTON

[As an amendment to Amendment 98]

99

Line 6, leave out from “those” to end of line 8 and insert—

“(a) who would be entitled to vote in a general election of Scottish Parliament members if one were held on the date of the poll at the referendum, and

(b) who would be entitled to vote in a general election of United Kingdom Parliament members if one were held on the date of the poll at the referendum whose birth was registered in Scotland.”

100

[Withdrawn]

101

[Withdrawn]

102

[Withdrawn]

Prepared 20th March 2012