Scotland Bill (HL Bill 136)

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

(a) after subsection (3)(a) insert—

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

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

(b) in subsection (3)(d), after “dental care professionals)” insert “, including
rules made under that Schedule as applied (with modifications) by
paragraph 4(7) of Schedule 4A (registration appeals: dental care
10professionals register)”;

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

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

(a) in paragraph (3), for the words after “shall” substitute “be subject to
15annulment in pursuance of a resolution of either House of Parliament”;

(b) omit paragraph (3A).

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

(6) In the Health Care and Associated Professions (Miscellaneous Amendments
20and Practitioner Psychologists) Order 2009 (S.I. 2009/1182S.I. 2009/1182), omit paragraph
11(b) of Schedule 1 (amendments to Dentists Act 1984).

14 Antarctica

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

• 25“L7. Antarctica

• Regulation of activities in Antarctica.

• Interpretation

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

(2) 30The 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

35The Scottish Ministers

15 The Scottish Government

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

(2) Accordingly, in the 1998 Act—

(a) for “the Scottish Executive” in each place substitute “the Scottish
40Government”;

(b) in the heading to section 81 and the italic cross-heading preceding it, for
“Executive” substitute “Government”.

(3) Subsection (2) does not apply to section 31(1) of the 1998 Act (as to which, see
section 6 of this Act).

(4) 5Unless the context requires otherwise, any reference to the Scottish Executive
in any enactment, instrument or other document made before the date on
which 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
10the Parliament

(1) The 1998 Act is amended as follows.

(2) In 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)
15applies to the function of making an Order in Council under section
15(1) or (2).”

(3) In 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
20persons disqualified from membership of the Parliament) is to be
regarded as being exercisable within devolved competence.”

(4) In 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
25making 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.”

(5) In Schedule 4 (enactments etc protected from modification), in paragraph 11
(general exceptions: subordinate legislation), after sub-paragraph (3) insert—

“(4) 30For 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
specify persons disqualified from membership of the Parliament) is
to be regarded as being exercisable within devolved competence.”

17 Time limit for human rights actions against Scottish Ministers etc

(1) 35In section 100 of the 1998 Act the following (as inserted by the Convention
Rights Proceedings (Amendment) (Scotland) Act 2009) (asp 11) are omitted—

(a) subsections (3A) to (3E);

(b) in subsection (4), the words “Subject to subsection (3D),”.

(2) The Convention Rights Proceedings (Amendment) (Scotland) Act 2009 (asp 11)2009 (asp 11)
40is repealed.

(3) Omit paragraph 4A of Schedule 4 to the 1998 Act.

(4) The Scotland Act 1998 (Modification of Schedule 4) Order 2009 (S.I. 2009/1380S.I. 2009/1380)
is revoked.

(5) Subsections (1) to (4) above do not apply to any proceedings brought before
this section comes into force.

(6) 5After subsection (3) of section 100 of the 1998 Act insert—

“(3A) Subsection (3B) applies to any proceedings brought by virtue of this Act
against the Scottish Ministers or a member of the Scottish Government
in a court or tribunal on the ground that an act of the Scottish Ministers
or a member of the Scottish Government is incompatible with the
10Convention rights.

(3B) Proceedings to which this subsection applies must be brought before
the end of—

(a) the period of one year beginning with the date on which the act
complained of took place, or

(b) 15such longer period as the court or tribunal considers equitable
having regard to all the circumstances,

but that is subject to any rule imposing a stricter time limit in relation
to the procedure in question.

(3C) Subsection (3B) does not apply to proceedings brought by the Lord
20Advocate, the Advocate General, the Attorney General, the Attorney
General for Northern Ireland or the Advocate General for Northern
Ireland.

(3D) In subsections (3A) and (3B) “act” does not include the making of any
legislation but it does include any other act or failure to act (including
25a failure to make legislation).

(3E) In subsection (3B) “rule” has the same meaning as it has in section 7(5)
of the Human Rights Act 1998.”

(7) In subsection (4) of that section at the beginning insert “Subject to subsection
(3D),”.

(8) 30Subsections (6) and (7) above apply to any proceedings brought after this
section comes into force (including proceedings in respect of an act taking
place before this section comes into force).

18 Power to vary retrospective decisions about non-legislative acts

In section 102 of the 1998 Act (powers of courts or tribunals to vary
35retrospective decisions), in subsection (1) at the end add “, or

“(c) any other purported exercise of a function by a member of the
Scottish Government was outside devolved competence.”

Executive competence

19 BBC Trust member for Scotland

In the 1998 Act, after section 90 insert—

“The BBC

90A 5BBC Trust member for Scotland

(1) A Minister of the Crown must not exercise without the agreement of
the Scottish Ministers functions relating to selection for a particular
appointment by which—

(a) a person is to become a member of the BBC Trust and hold a
10Scottish post, or

(b) an existing member of the Trust is to hold a Scottish post.

(2) “Scottish post” means a position, held as a member of the Trust, with
specific reference to Scotland.”

20 Exercise of functions relating to Seirbheis nam Meadhanan Gàidhlig

(1) 15The Broadcasting Act 1990 is amended as follows.

(2) In section 183 (financing of programmes in Gaelic out of Gaelic Television
Fund) for subsection (1) substitute—

“(1) The Scottish Ministers must, for each financial year, pay to OFCOM
such amount as they may determine to be appropriate for the purposes
20of this section.”

(3) Omit subsection (8) of that section.

(4) Section 183A (membership of the Gaelic Media Service) is amended as follows.

(5) In subsection (4) after “the Secretary of State” insert “and the Scottish
Ministers”.

(6) 25In subsection (6)(b) after “the Secretary of State” insert “with the agreement of
the Scottish Ministers”.

(7) In Schedule 19 (Gaelic Media Service: supplementary provisions), paragraph
12 (annual reports) is amended as follows.

(8) In sub-paragraph (3) for the words from “the Secretary of State” to the end
30substitute—

“(a) the Secretary of State, who must lay copies of it before each
House of Parliament, and

(b) the Scottish Ministers, who must lay a copy of it before the
Scottish Parliament.”

(9) 35Sub-paragraph (4) is omitted.

(10) In the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc)
Order 1999 (S.I. 1999/1750S.I. 1999/1750)—

(a) in Schedule 1 (functions transferred to the Scottish Ministers), omit the
entry relating to section 183 of the Broadcasting Act 1990;

(b) in Schedule 2 (functions made exercisable concurrently), omit the
reference to paragraph 12(3) of Schedule 19 to that Act;

(c) in Schedule 5 (modification of enactments), omit paragraph 10(4).

21 Scottish Crown Estate Commissioner

(1) 5In Schedule 1 to the Crown Estate Act 1961 (constitution etc of Crown Estate
Commissioners), paragraph 1 is amended as follows.

(2) After sub-paragraph (3) insert—

“(3A) One of the Commissioners shall be appointed as the Scottish Crown
Estate Commissioner, who must be a person who knows about
10conditions in Scotland as they relate to the functions of the
Commissioners.”

(3) After sub-paragraph (4) insert—

“(4A) The Scottish Crown Estate Commissioner shall be appointed on the
recommendation of the Chancellor of the Exchequer, who shall
15consult the Scottish Ministers before making that recommendation.”

22 Misuse of drugs

(1) The Misuse of Drugs Act 1971 is amended as follows.

(2) In section 10 (power to make regulations for preventing misuse of controlled
drugs)—

(a) 20in subsection (2)(i) for “Secretary of State” substitute “appropriate
authority”;

(b) after subsection (2) insert—

“(3) Regulations made in pursuance of subsection (2)(i) must secure
that under any licence a doctor may—

(a) 25administer, supply or prescribe a controlled drug, or

(b) authorise the administration or supply of a controlled
drug,

only while at an address specified in the licence.

(4) The appropriate authority for the purposes of subsection (2)(i)
30is—

(a) where the specified address for the purposes of
subsection (3) is in Scotland, the Scottish Ministers;

(b) otherwise, the Secretary of State.”

(3) In section 13 (directions where regulations or licence contravened) after
35subsection (1) insert—

“(1A) In relation to regulations made in pursuance of section 10(2)(i) or to a
licence under those regulations, the reference in subsection (1) to the
Secretary of State is to be read as a reference to the appropriate
authority.

(1B) 40The appropriate authority for the purposes of subsection (1A) is—

(a) in relation to a contravention taking place in Scotland, the
Scottish Ministers;

(b) otherwise, the Secretary of State.”

(4) In section 14 (investigation where grounds for direction under section 13 are
considered to exist) after subsection (1) insert—

“(1A) In relation to section 13(1), references in this section to the Secretary of
5State are to be read in accordance with section 13(1A).”

(5) In section 16 (provisions supplementary to sections 14 and 15) after subsection
(1) insert—

“(1A) Where in accordance with section 14(1A) a case is referred to a tribunal
or advisory body by the Scottish Ministers—

(a) 10references in this section and Schedule 3 to the Secretary of State
are to be read as references to the Scottish Ministers, and

(b) references in that Schedule to the approval of the Treasury do
not apply.”

(6) In section 30 (licences and authorities)—

(a) 15at the beginning insert “(1)”;

(b) at the end insert—

“(2) Subsection (1) applies to a licence issued by the Scottish
Ministers under regulations made in pursuance of section
10(2)(i) as if references in that subsection to the Secretary of
20State were references to the Scottish Ministers.”

(7) In paragraph 4 of Schedule 3 (tribunal rules) at the end add—

“(4) Where the Scottish Ministers have power to make rules under this
paragraph (by virtue of section 16(1A) or otherwise)—

(a) sub-paragraph (3) does not apply, and

(b) 25the rules are subject to the negative procedure.”

23 Power to prescribe drink-driving limits

(1) The Road Traffic Act 1988 is amended as follows.

(2) Section 8 (choice of specimens of breath) is amended as follows.

(3) In subsection (3), for “The Secretary of State may by regulations” substitute
30“Regulations may”.

(4) After subsection (3) insert—

“(4) Regulations under subsection (3) may be made—

(a) by the Secretary of State, in relation to cases where the
suspected offence is an offence committed in England and
35Wales;

(b) by the Scottish Ministers, in relation to cases where the
suspected offence is an offence committed in Scotland.”

(5) Section 11 (interpretation of sections 3A to 10) is amended as follows.

(6) In the definition of “the prescribed limit” in subsection (2), omit “made by the
40Secretary of State”.

(7) After subsection (2) insert—

“(2ZA) Regulations under subsection (2) may be made—

(a) by the Secretary of State, in relation to driving or attempting to
drive, or being in charge of a vehicle, in England and Wales;

(b) 5by the Scottish Ministers, in relation to driving or attempting to
drive, or being in charge of a vehicle, in Scotland.”

(8) Section 195 (provisions as to regulations) is amended as follows.

(9) After subsection (2) insert—

“(2A) Before making any regulations under this Act the Scottish Ministers
10must consult with such representative organisations as they think fit.”

(10) After subsection (4) insert—

“(4A) Regulations made by the Scottish Ministers under section 8(3) or 11(2)
are subject to the affirmative procedure.”

24 Speed limits

(1) 15The Road Traffic Regulation Act 1984 is amended as follows.

(2) Section 17 (traffic regulation on special roads) is amended as follows.

(3) In subsection (2) for “The Secretary of State may make regulations” substitute
“Regulations may make provision”.

(4) After subsection (3) insert—

“(3ZA) 20The power to make provision of the following kinds by regulations
under subsection (2) is exercisable by the Scottish Ministers—

(a) provision with respect to a particular special road in Scotland;

(b) provision for regulating the speed of vehicles on special roads
in Scotland.

(3ZB) 25The power to make provision of any other kind by regulations under
subsection (2) is exercisable by the Secretary of State.

(3ZC) In relation to special roads in Scotland that power of the Secretary of
State is exercisable only after consultation with the Scottish Ministers.

(3ZD) Regulations made by the Scottish Ministers under subsection (2) are
30subject to the negative procedure.”

(5) In subsection (3A)—

(a) the words from “the National Park Authority” to the end become
paragraph (a), and

(b) after that paragraph insert “, and

(b) 35such representative organisations as they think fit.”

(6) Section 64 (general provision as to traffic signs) is amended as follows.

(7) After subsection (2) insert—

“(2A) The functions under this section that are exercisable by the Scottish
Ministers instead of the Secretary of State include the function of

making regulations under subsection (1)(a) specifying signs for a
Scottish national speed limit.

(2B) The function of making such regulations is exercisable only with the
agreement of the Secretary of State.

(2C) 5“Scottish national speed limit” means any of these—

(a) a speed limit that, by virtue of regulations under section 17(2)
made by the Scottish Ministers, is to be observed—

(i) on all special roads,

(ii) on all special roads provided for the use of particular
10classes of traffic,

(iii) on all special roads other than special roads of such
description as may be specified in the regulations, or

(iv) as mentioned in sub-paragraph (i), (ii) or (iii) except for
such lengths of special road as may be specified in the
15regulations;

(b) a speed limit that, by virtue of an order under section 88 made
by the Scottish Ministers, is to be observed on all roads, on all
roads of any class specified in the order or on all roads other
than roads of any class so specified.”

(8) 20After subsection (6) insert—

“(7) Regulations made by the Scottish Ministers under subsection (1)(a) are
subject to the negative procedure.

(8) Before making any regulations under subsection (1)(a) the Scottish
Ministers must consult with such representative organisations as they
25think fit.”

(9) Section 88 (temporary speed limits with power to continue indefinitely) is
amended as follows.

(10) For “the Secretary of State” in each place substitute “the national authority”.

(11) In subsection (1)—

(a) 30for “he” substitute “the authority”;

(b) for “his” substitute “the”.

(12) In subsection (4) omit the words from “made by statutory instrument” to the
end.

(13) After subsection (7) insert—

“(7A) 35The national authority in this section—

(a) in relation to roads in England and Wales, is the Secretary of
State;

(b) in relation to roads in Scotland, is the Scottish Ministers.”

(14) In subsection (8) after “subsection (1)(b)” insert “by the Secretary of State”.

(15) 40After subsection (8) insert—

“(9) The power of the Scottish Ministers to make an order under subsection
(1) is not to be exercisable by Scottish statutory instrument.

(10) The first order to be made under subsection (1)(b) by the Scottish
Ministers shall not be made until a draft of the order has been laid
before the Scottish Parliament and approved by it.

(11) The power of the Secretary of State to make an order under subsection
5(4) is exercisable by statutory instrument which shall be subject to
annulment in pursuance of a resolution of either House of Parliament.

(12) An order made by the Scottish Ministers under subsection (4) is subject
to the negative procedure.”

25 Speed limits: supplementary

(1) 10The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc)
Order 1999 (S.I. 1999/1750S.I. 1999/1750) is amended as follows.

(2) In Schedule 3 (functions exercisable after consultation), in the entry for the
Road Traffic Regulation Act 1984—

(a) omit paragraph (a) (section 17(2));

(b) 15in paragraph (f), omit “and 88(1) and (4)”.

(3) In the Schedule to the Scotland Act 1998 (Transfer of Functions to the Scottish
Ministers etc) Order 2000 (S.I. 2000/1563S.I. 2000/1563) omit the entry for the Road Traffic
Regulation Act 1984 (section 88(1)(a) and (4)).

(4) The transfer by virtue of section 24 of a function exercisable by the Secretary of
20State to the Scottish Ministers (a “transferred function”) does not affect the
validity of anything done (or which has effect as if done) by or in relation to the
Secretary of State before the commencement of that section.

(5) Anything (including legal proceedings) which, at that commencement, is in the
process of being done by or in relation to the Secretary of State may, so far as it
25relates to a transferred function, be continued by or in relation to the Scottish
Ministers.

(6) Anything done (or which has effect as if done) by or in relation to the Secretary
of State for the purposes of or in connection with a transferred function has
effect, if it is in force at that commencement, as if done by or in relation to the
30Scottish Ministers, so far as that is required for continuing its effect.

(7) But an instrument containing regulations or an order made by the Secretary of
State is not to be treated as if made by the Scottish Ministers for the purposes
of section 64(2C)(a) or (b) of the Road Traffic Regulation Act 1984.

26 Implementation of international obligations

(1) 35The 1998 Act is amended as follows.

(2) After section 57 insert—

“57A International obligations

Despite the transfer to the Scottish Ministers by virtue of section 53 of
functions in relation to observing and implementing international
40obligations, a function in relation to those matters which is exercisable
by the Scottish Ministers is also exercisable by a Minister of the Crown
as regards Scotland if it was exercisable by that Minister as regards
Scotland immediately before that transfer.”

(3) In section 118 (subordinate instruments) after subsection (4) insert—

“(4A) But, for the purposes of the exercise of a function in relation to
observing or implementing international obligations, a provision to
which subsection (4) applies is to be treated as complied with if it is
5complied with either—

(a) as it has effect with the modifications made by that subsection,
or

(b) as it would have effect without those modifications.”

Part 3 10Finance

Introductory

27 Taxation: introductory

(1) The 1998 Act is amended as follows.

(2) Before Part 5 insert—

15“ Part 4A Taxation

CHAPTER 1 Introductory

80A Overview of Part 4A

(1) In this Part—

(a) 20Chapter 2 confers on the Scottish Parliament power to set a rate
of income tax to be paid by Scottish taxpayers, and

(b) Chapters 3 and 4 specify the taxes about which the Scottish
Parliament may make provision in the exercise of the power
conferred by section 28(1).

(2) 25The power to make provision about a devolved tax is subject to the
restrictions imposed by—

(a) subsection (3), and

(b) the other provisions of this Part.

(3) A devolved tax may not be imposed where to do so would be
30incompatible with any international obligations.

(4) In this Act “devolved tax” means a tax specified in this Part as a
devolved tax.

80B Power to add new devolved taxes

(1) Her Majesty may by Order in Council amend this Part so as to—

(a) 35specify, as an additional devolved tax, a tax of any description,
or