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

20other 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) 5Before 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 Power of the Secretary of State to make provision about elections

(1) 10The 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) 15for 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) 20provision 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

25otherwise 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

30provision 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) 35so 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) 40Before making regulations under this section the Secretary of State

must consult the Scottish Ministers.”

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) After subsection (3) insert—

“(3A) But subsection (2) does not confer power on a returning officer to

15determine that a Scottish Parliamentary election and a local

government election in Scotland are to be taken together.”

(5) After subsection (5A) insert—

“(5B) Before making provision under subsection (5) in connection with the

combination of polls where one of the elections is a Scottish

20Parliamentary election or a local government election in Scotland, the

Secretary of State must consult the Scottish Ministers.”

(6) In the heading of the section before “European” insert “Scottish

Parliamentary,”.

3 Supplementary and transitional provision about elections

(1) 25In 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) to any other power to make subordinate legislation conferred

30by 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,

and include a power as extended by this section.”

(2) 35Schedule 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) 40In 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

45subsection (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) 50An 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) 55continues 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

60of 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

65relation 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

70time.

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) After subsection (1) insert—

“(1A) 75The 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) 80The 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) 5In 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

10section 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.”

5 Scottish Parliamentary Corporate Body

15In 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

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

20person”.

7 Partial suspension of Acts subject to scrutiny by Supreme Court

(1) The 1998 Act is amended as follows.

(2) Section 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

25general 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)

insert—

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

(5) 30A 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) In this Act—

• “limited reference” means a reference under subsection (1) in
  
  35which unaffected provisions are specified;

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

(6) After 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

5an Act of the Scottish Parliament.

(2) The 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) 10For 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

effect of subsection (2)—

(a) 15in 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

and of the effect of subsection (2) in such ways as the Queen’s Printer

20for 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

Scottish Ministers under this subsection.

(7) 25Subsection (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) The Court may in particular—

(a) 30order 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) require such persons as the Court considers appropriate to take

35such 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) In section 35(3) (period during which Secretary of State may intervene) in

40paragraph (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

appropriate place insert—

8 Members’ interests

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

(2) 5For 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) 10excluding 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) 15Provision 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) 20A 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).

9 25Constituencies, 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) Schedule 1 contains—

(a) amendments reproducing the effect of the modifications contained in

30Schedule 2 to the Scottish Parliament (Constituencies) Act 2004, and

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

Legislative competence

10 Continued effect of provisions where legislative competence conferred for

limited period

35In 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) makes 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

5Parliament which will be within the legislative competence of the

Parliament 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

10In 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
  
  15remain 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
  
  20(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) 25In 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
  
  30responsibility 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),

35and

(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) In 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—

5“and any other profession concerned (wholly or partly) with the

physical or mental health of individuals, except any profession

regulated 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) 10after subsection (3)(a) insert—

“(aa) approving regulations under section 36A(2)

(professions complementary to dentistry),

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

(b) in subsection (3)(d), after “dental care professionals)” insert “, including

15rules made under that Schedule as applied (with modifications) by

paragraph 4(7) of Schedule 4A (registration appeals: dental care

professionals 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

20power by the Privy Council)—

(a) in paragraph (3), for the words after “shall” substitute “be subject to

annulment 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

25procedures etc), in paragraphs (2) and (3), omit “or of the Scottish Parliament”.

(6) In the Health Care and Associated Professions (Miscellaneous Amendments

and 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) 30In 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

• 35“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

15 The Scottish Government

(1) 5The Scottish Executive is renamed the Scottish Government.

(2) Accordingly, in the 1998 Act—

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

Government”;

(b) in the heading to section 81 and the italic cross-heading preceding it, for

10“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

15which 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.

16 Exercise of power to make Order disqualifying persons from membership of

the Parliament

(1) The 1998 Act is amended as follows.

(2) 20In section 112 (subordinate legislation: general), after subsection (5) insert—

“(6) Section 27 of the Interpretation and Legislative Reform (Scotland) Act

2010 (asp 10)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) 25In 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) 30In 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

35regarded 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

40specify persons disqualified from membership of the Parliament) is

to be regarded as being exercisable within devolved competence.”