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.

(5) Before making regulations under this section the Secretary of State
45must 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) after
subsection (1) insert—

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

(2) Schedule 7 to the 1998 Act is amended as follows.

(3) 30In 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—

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

(5) In section 7 of the Political Parties, Elections and Referendums Act 2000
(Electoral Commission to be consulted on changes to electoral law), in
subsection (2)(g) after “12(1) or (6)” insert “or regulations under section
4012A(1)”.

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

(7) An order made before the commencement of section 1 under section 12(1) of
5the 1998 Act has effect after that commencement as if made by the Scottish
Ministers, to the extent that they would have power to do so.

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

(a) continues to have effect, but

(b) 10may be revoked by regulations under section 12A(1).

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

(10) Without prejudice to subsections (7) to (9), section 1 does not affect the validity
of anything done by or in relation to a Minister of the Crown before that section
15comes into force.

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

(12) 20Anything done by or in relation to a Minister of the Crown for the purposes of
or in connection with a function under such an order, if in force at the time
when section 1 comes into force, has effect as if done by or in relation to the
Scottish Ministers in so far as that is required for continuing its effect after that
time.

4 25Presiding 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) The Parliament must do so—

(a) 30before it conducts any other proceedings, except the taking by
its members of the oath of allegiance (see section 84), and

(b) in any event, within the period of 14 days beginning
immediately after the day of the poll at the election.

(1B) The Parliament may, at any time, elect from among its members one or
35more 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) 40In Schedule 3 to that Act (standing orders), for paragraph 5 substitute—

“5 (1) The standing orders shall include provision for ensuring that the
available officers do not all represent the same political party.

(2) The available officers are—

(a) the Presiding Officer and the deputies appointed under
section 19(1), except in the case where one or more of them is
unable to act and there is at least one additional deputy;

(b) 5in that case, such of the Presiding Officer and deputies as are
for 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 10Bills: 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
person”.

7 Partial suspension of Acts subject to scrutiny by Supreme Court

(1) 15The 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
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) 20In 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) 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
25“unaffected provisions”).

(6) In this Act—

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

• “general reference” means any other reference under that
  30subsection.”

(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
35an 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) 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 person who made the reference shall publish notice of it and of the
5effect of subsection (2)—

(a) in the Edinburgh Gazette, and

(b) in such other ways as that person 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
10for 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) 15Subsection (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) 20order 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
25such steps as the Court considers appropriate to bring the
Court’s judgment to the attention of persons affected by it;

(d) provide that an order under subsection (6) may be laid before
the Scottish Parliament less than 40 days before it comes into
force, despite anything in section 28 of the Interpretation and
30Legislative Reform (Scotland) Act 2010 (asp 10)2010 (asp 10), as modified by
subsection (11).

(9) The Scottish Ministers may by order make such provision as they
consider necessary or expedient (including provision amending the
Act) in consequence of any delay by virtue of subsection (2) in the
35coming into force of any provision of the Act.

(10) If the Court decides that any provision of the Act is outside the
legislative competence of the Parliament, the Scottish Ministers may by
order make such provision as they consider necessary in consequence
of that decision in order to give full effect to any provisions of the Act
40which are within that competence.

(11) In its application to an order under subsection (6), section 28 of the
Interpretation and Legislative Reform (Scotland) Act 2010 (the negative
procedure) has effect with the following modifications—

(a) in subsections (2) and (8), for “28 days” substitute “40 days”;

(b) 45in subsection (4), omit “so far as the instrument is not in force on
the date of the resolution” and paragraph (b);

(c) omit subsection (7)(a).”

(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
paragraph (c) for “a reference” substitute “a general reference”.

(9) 5In section 36(4) (opportunity for reconsideration of Bill), in paragraph (b) for “a
reference” substitute “a general reference”.

(10) In section 113 (subordinate legislation: scope of powers), after subsection (1A)
(inserted by section 3) insert—

“(1B) Subsections (2) to (6) and (11) apply also to the power of the Scottish
10Ministers to make an order under section 33A(6), (9) or (10).”

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

(12) In paragraph 3 of that Schedule (special cases)—

(a) 15in sub-paragraph (1)(a), after “type F, G, H, I” insert “, J”;

(b) after sub-paragraph (2)(d) insert—

“(da) instead of the type J procedure, the type L procedure
shall apply,”.

8 Members’ interests

(1) 20Section 39 of the 1998 Act (members’ interests) is amended as follows.

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

“(4A) Any requirement or prohibition (however expressed) imposed by
provision made in pursuance of subsections (2) to (4) may be subject to
such exceptions as are specified in the provision.

(5) 25Provision may be made for—

(a) excluding a member from the proceedings of the Parliament,

(b) imposing on a member such other sanctions as the Parliament
considers appropriate,

if the member fails to comply with, or contravenes, any provision made
30in pursuance of subsections (2) to (4) or this subsection.

(5A) Provision made under subsection (5) may include provision that a
sanction is not to be imposed in such circumstances as are specified in
the provision.

(6) Provision made under subsection (5) may include provision that the
35member is guilty of an offence.

(7) A person guilty of such an offence is liable on summary conviction to a
fine not exceeding level 5 on the standard scale.”

(3) After the commencement of subsection (2), subsections (5) to (7) as originally
enacted continue to have effect until the coming into force of the first provision
40made 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) Schedule 1 contains—

(a) 5amendments 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 Continued effect of provisions ceasing to be within legislative competence

(1) 10In 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,

15(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
20effect (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) 25If, 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
30devolved 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.”

11 Air weapons

35In 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
  40remain powers of the Secretary of State—

  Scotland BillPage 9

  (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
  5(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) 10In 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
  15responsibility 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”

(4) In the Exceptions omit—

(a) the first paragraph (process, effect on diligence, and prior transactions),
20and

(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) 25In 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
30regulated by the Regulation of Care (Scotland) Act 2001 (asp 8)2001 (asp 8).

• The reference to any profession regulated by the Regulation of Care
  (Scotland) Act 2001 includes—

  (a)

  any profession regulated by that Act by virtue of any
  subordinate legislation (whenever made) which is or could
  35be made under the Act, and

  (b)

  any profession regulated by any Act of the Scottish
  Parliament so far as it re-enacts that Act (including any
  profession regulated by virtue of subordinate legislation
  under any such Act);

  40and the references to that Act are to that Act as it has effect on the date on
  which this paragraph comes into force.”