PART 4 continued
Scotland BillPage 30
(4)
Section 288A (rights of appeal for Advocate General: devolution issues) is
amended as follows.
(5) In the heading, before “devolution issues” insert “compatibility issues and”.
(6)
In subsection (1) omit “in pursuance of paragraph 6 of Schedule 6 to the
5Scotland Act 1998 (devolution issues)”.
(7) For subsection (2) substitute—
“(2)
Where the Advocate General for Scotland was a party in pursuance of
paragraph 6 of Schedule 6 to the Scotland Act 1998 (devolution issues),
the Advocate General may refer to the High Court for their opinion any
10devolution issue which has arisen in the proceedings.
(2A)
Where the Advocate General for Scotland was a party in pursuance of
section 288ZA, the Advocate General may refer to the High Court for
their opinion any compatibility issue (within the meaning of that
section) which has arisen in the proceedings.
(2B)
15If a reference is made under subsection (2) or (2A) the Clerk of Justiciary
shall send to the person acquitted or convicted and to any solicitor who
acted for that person at the trial a copy of the reference and intimation
of the date fixed by the Court for a hearing.”
(8) In subsection (6) after “(2)” insert “or (2A)”.
(1) The 1998 Act is amended as follows.
(2)
In section 57(3) (EU law and Convention rights: excepted acts of the Lord
Advocate) omit the words after paragraph (b).
(3)
In paragraph 1 of Schedule 6 (devolution issues), after sub-paragraph (f)
25insert—
“But a question arising in criminal proceedings in Scotland is not a
devolution issue if it is a compatibility issue within the meaning of
section 288ZA of the Criminal Procedure (Scotland) Act 1995 (right
of Advocate General to take part in proceedings).”
(4) 30The Criminal Procedure (Scotland) Act 1995 is amended as follows.
(5) After section 288A insert—
(1)
For the purpose of determining any compatibility issue an appeal lies
to the Supreme Court against a determination in criminal proceedings
35by a court of two or more judges of the High Court.
(2) On an appeal under this section—
(a)
the powers of the Supreme Court are exercisable only for the
purpose of determining the compatibility issue;
(b)
for that purpose the Court may make any change in the
40formulation of that issue that it thinks necessary in the interests
of justice.
Scotland BillPage 31
(3)
When it has determined the compatibility issue the Supreme Court
must remit the proceedings to the High Court.
(4)
In this section “compatibility issue” has the same meaning as in section
288ZA.
(5)
5An appeal under this section against a determination lies only with the
permission of the court that made the determination or, failing that
permission, with the permission of the Supreme Court.
(6)
An application to the High Court for permission under subsection (5)
must be made—
(a)
10within 28 days of the date of the final determination of the
proceedings or, as the case may be, the date of the
determination on the reference under section 288A(2A), or
(b)
within such longer period as the High Court considers equitable
having regard to all the circumstances.
(7)
15An application to the Supreme Court for permission under subsection
(5) must be made—
(a)
within 28 days of the date on which the High Court refused
permission under that subsection, or
(b)
within such longer period as the Supreme Court considers
20equitable having regard to all the circumstances.”
(6) Section 288B (appeals to the Supreme Court) is amended as follows.
(7) For the heading substitute “Appeals to the Supreme Court: general”.
(8) In subsection (1)—
(a) after “under” insert “section 288AA of this Act or”;
(b) 25omit “of a devolution issue”.
(9)
In sections 112(6), 121(5)(a), 121A(5), 122(4) and (5) and 177(8), after “under”
insert “section 288AA of this Act or”.
(10) In section 124(2)—
(a) after “Part XA” insert “and section 288AA”;
(b) 30after “appeal under” insert “section 288AA of this Act or”.
(1) The 1998 Act is amended as follows.
(2)
In section 113 (subordinate legislation: scope of powers), for subsection (10)
substitute—
“(9A)
35A power may not be exercised so as to create any criminal offence
punishable with any of the penalties specified for the offence in
subsection (9B) or (10).
(9B) In relation to Scotland, the specified penalties are—
(a)
where the offence is triable on summary complaint only,
40imprisonment for a period exceeding 12 months and a fine
exceeding level 5 on the standard scale,
(b)
where an offence triable either on indictment or on summary
complaint is tried on summary complaint, imprisonment for a
Scotland BillPage 32
period exceeding 12 months and a fine exceeding the statutory
maximum,
(c)
where the offence is tried on indictment, imprisonment for a
period exceeding two years.
(10)
5In relation to England and Wales and Northern Ireland, the specified
penalties are—
(a)
where the offence is tried summarily, imprisonment for a
period exceeding three months and a fine exceeding—
(i)
in the case of a summary offence, level 5 on the standard
10scale,
(ii)
in the case of an offence triable either way, the statutory
maximum,
(b)
where the offence is tried on indictment, imprisonment for a
period exceeding two years.”
(3) 15After subsection (11) of that section insert—
“(12)
Her Majesty may by Order in Council amend subsection (9B) or (10) so
as to change—
(a) any period of imprisonment specified there, or
(b) the amount of any fine so specified.”
(4)
20In Schedule 7 (procedure for subordinate legislation), in paragraph 1, at the
appropriate place insert—
| “Section 113(12) | Type A”. |
(5)
The amendments made by paragraph 7 of Schedule 27 to the Criminal Justice
Act 2003 (alteration of maximum penalties etc) have effect (when they come
25into force) in relation to section 113 as amended by this section as they have
effect in relation to that section as originally enacted, except that in subsection
(10A)(c) the words “Scotland and” are omitted.
30In this Act “the 1998 Act” means the Scotland Act 1998.
Any power to make an order conferred by this Act is exercisable by statutory
instrument.
(1)
35The Secretary of State may by order make provision consequential on any
provision of Part 1 or 2 or section 39.
(2)
The Secretary of State may by order make transitional or saving provision in
connection with the coming into force of any provision of Part 1 or 2 or section
39.
Scotland BillPage 33
(3) The Treasury may by order make—
(a) provision consequential on section 33 or 35;
(b)
transitional or saving provision in connection with the coming into
force of any provision of Part 3.
(4)
5Provision under this section may amend, repeal or revoke an enactment passed
or made before this Act is passed.
(5)
In this section “enactment” includes an enactment contained in subordinate
legislation (within the meaning of the Interpretation Act 1978) and an
enactment contained in, or in an instrument made under, an Act of the Scottish
10Parliament.
(6)
A statutory instrument containing an order under subsection (1) or (2) which
includes provision amending or repealing any provision of an Act or an Act of
the Scottish Parliament may not be made unless a draft of the instrument has
been laid before and approved by a resolution of each House of Parliament.
(7)
15Any other statutory instrument containing an order under subsection (1) or (2)
is subject to annulment in pursuance of a resolution of either House of
Parliament.
(8)
A statutory instrument containing an order under subsection (3) which
includes provision amending or repealing any provision of an Act may not be
20made unless a draft of the instrument has been laid before and approved by a
resolution of the House of Commons.
(9)
Any other statutory instrument containing an order under subsection (3) is
subject to annulment in pursuance of a resolution of the House of Commons.
(1)
25There shall be paid out of money provided by Parliament any increase
attributable to this Act in the sums payable under any other Act out of money
so provided.
(2)
There shall be paid into the Consolidated Fund any sums received by a
Minister of the Crown by virtue of this Act which are not payable into the
30National Loans Fund.
(1) The following come into force on the day on which this Act is passed—
(a) sections 40 to 43;
(b) this section;
(c) 35section 45.
(2)
The following provisions come into force at the end of the period of two
months beginning with the day on which this Act is passed—
(a) section 14;
(b) Part 3, except section 29(7) (and Schedule 3) and section 36.
(3)
40Subsection (2)(b) is subject to the provision made in the following sections as
to how those sections have effect—
(a) sections 29(1) to (6) and 30;
(b) sections 32 and 33;
Scotland BillPage 34
(c) sections 34 and 35.
(4)
The following provisions come into force on such day as the Treasury may by
order appoint—
(a) section 29(7) and Schedule 3;
(b) 5section 36.
(5)
The other provisions of this Act come into force on such day as the Secretary of
State may by order appoint.
(6)
The Secretary of State or the Treasury may appoint different days for different
purposes.
This Act may be cited as the Scotland Act 2012.
Scotland BillPage 35
Section 9
1
Schedule 1 to the 1998 Act (constituencies, regions and regional members) is
5amended as follows.
2
(1)
For “the Electoral Commission” or “the Boundary Committee” in each place
substitute “the Boundary Commission for Scotland”.
(2) Sub-paragraph (1) is subject to the amendments made by paragraphs 3 to 7.
3 10Omit paragraph 5 and the italic heading preceding it.
4 (1) Paragraph 7 is amended as follows.
(2) For sub-paragraph (2) substitute—
“(2)
If the Boundary Commission for Scotland have provisionally
determined to make recommendations affecting a constituency
15they must publish in at least one newspaper circulating in the
constituency a notice stating—
(a)
the effect of the proposed recommendations and (except if
the effect is that no alteration should be made in respect of
the constituency) that a copy of the recommendations is
20open to inspection at a specified place in the constituency,
and
(b)
that representations with respect to the proposed
recommendations may be made to the Commission before
the end of the period of one month starting the day after
25the notice is published.”
(3) Omit sub-paragraphs (5) and (6).
5 (1) Paragraph 8 is amended as follows.
(2) For sub-paragraph (1) substitute—
“(1)
This paragraph applies if the Boundary Commission for Scotland
30provisionally determine to make recommendations which would
involve any alteration in a constituency.”
(3) Omit sub-paragraph (3).
6 (1) Paragraph 12 is amended as follows.
Scotland BillPage 36
(2)
For “The Electoral Commission or the Boundary Committee (as the case may
be)” in each place substitute “The Boundary Commission for Scotland”.
(3)
In paragraph (8) of rule 2, omit “(or one made by the Boundary Committee
for the purposes of it)”.
7 5Omit paragraph 14(4).
8 In paragraph 1(2) (constituencies) for paragraph (c) substitute—
“(c)
the constituencies provided for by an Order in Council
under paragraph 6.”
9 10For paragraph 2(2) (regions) substitute—
“(2)
The regions are the regions provided for by an Order in Council
under paragraph 6.”
10 (1) In paragraph 12 (the constituency rules), rule 1 is amended as follows.
(2)
15In paragraph (1), for “local authority areas” substitute “the local government
areas having effect from time to time under section 1 of the Local
Government etc. (Scotland) Act 1994”.
(3) Omit paragraph (2).
Section 12
1
In section 1A(1) of the Bankruptcy (Scotland) Act 1985 (supervisory
25functions of Accountant in Bankruptcy)—
(a)
in paragraph (b)(iii) (particulars to be included in register of
insolvencies) for “winding up and receivership of business
associations” substitute “receivership of incorporated companies”;
(b)
in paragraph (c)(i) (annual report) for “winding up and receivership
30of business associations” substitute “receivership of incorporated
companies”;
(c) after paragraph (c) insert “and”;
(d) omit paragraph (e) and the “and” before it.
2
(1)
35The provisions of the Insolvency Act 1986 listed in sub-paragraph (2) have
effect without the modifications made by paragraph 23(2) to (5) of Schedule
Scotland BillPage 37
8 to the 1998 Act (under which things that would otherwise be done under
those provisions to or by the registrar of companies or the Financial Services
Authority may or must be done also or instead to or by the Accountant in
Bankruptcy).
(2) 5The provisions are—
(a)
the following provisions modified by paragraph 23(2) to (3) of that
Schedule: sections 84(3), 94(3), 106(3) and (5), 112(3), 130(1), 147(3),
170(2) and 172(8), and
(b) the provisions modified by paragraph 23(4) to (5) of that Schedule.
3 The 1998 Act is amended as follows.
4
In Part 2 of Schedule 5, in Section C2 (specific reservations: insolvency) omit
the definitions of “social landlord” and “the relevant conditions”.
5
(1)
Paragraph 23 of Schedule 8 (amendments to the Insolvency Act 1986) is
15amended as follows.
(2)
In sub-paragraph (3) omit “84(3), 94(3), 106(3) and (5), 112(3), 130(1), 147(3),
170(2) and 172(8)”.
(3) Omit sub-paragraphs (4) to (5).
6 The Insolvency Act 1986 is amended as follows.
7 (1) Section 95 (effect of company’s insolvency) is amended as follows.
(2) Omit subsection (2).
(3)
In subsection (2A) omit “In the case of the winding up of a company
25registered in England and Wales,”.
(4)
In subsection (2A)(b) the repeal of “by post” by the Legislative Reform
(Insolvency) Miscellaneous Provisions Order 2010 (S.I. 2010/18S.I. 2010/18) extends
also to Scotland.
(5) Omit subsections (5) and (6).
8 (1) 30Section 98 (meeting of creditors) is amended as follows.
(2) Omit subsection (1).
(3)
In subsection (1A) omit “In the case of the winding up of a company
registered in England and Wales,”.
(4)
In subsection (1A)(b) the repeal of “by post” by the Legislative Reform
35(Insolvency) Miscellaneous Provisions Order 2010 extends also to Scotland.
(5)
In subsection (3) for “the duties imposed by subsections (1)(c) and (2)(b)
above apply” substitute “the duty imposed by subsection (2)(b) above
applies”.
(6) In subsection (4)—
Scotland BillPage 38
(a)
for “references in subsections (1)(c) and (3)” substitute “the reference
in subsection (3)”;
(b)
for “are replaced by references” substitute “is replaced by a
reference”.
(7) 5In subsection (6) omit “(1),”.
9
In section 166 (creditors’ voluntary winding up) in subsection (5)(a) omit
“(1),”.
10
In section 246A (remote attendance at meetings) in subsection (2) omit
paragraph (a) and the “or” after it.
11
10In section 246B (use of websites) in subsection (2) omit paragraph (a) and the
“or” after it.
12 In section 436B(2) (references to things in writing) omit paragraph (e).
13 (1) Schedule 4 (powers of liquidator in a winding up) is amended as follows.
(2) Omit paragraph 3.
(3) 15In paragraph 6A, omit “In the case of a winding up in England and Wales,”.
(4) That paragraph extends also to Scotland.
Section 29
1 (1) The 1998 Act is amended as follows.
(2) 20In section 110 (Scottish taxpayers for social security purposes)—
(a)
in subsection (2), after “the basic rate” insert “, higher rate or
additional rate”;
(b)
in that subsection, for the words in the brackets substitute “instead of
the rate calculated under section 6(2B) of the Income Tax Act 2007”;
(c)
25in subsection (3), for the words from “whether Scotland is” to the end
substitute “whether or not they have a close connection with
Scotland”;
(d) in subsection (4), for “Part IV” substitute “Chapter 2 of Part 4A”.
(3)
In Schedule 4 (enactments protected from modification by the Parliament),
30in paragraph 4(3), omit “, 77, 78”.
(4) In Schedule 7 (procedure for subordinate legislation)—
(a) for “Section 79” substitute “Section 80G”;
(b) in the Note relating to the entry for section 79—
(i) for “section 79” substitute “section 80G”, and
(ii) 35for “section 79(3)” substitute “section 80G(3)”.
2
In Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003
(consequential amendments), omit paragraph 237.
3
(1)
The Commissioners for Revenue and Customs Act 2005 is amended as
follows.
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(2) In section 44 (payment into Consolidated Fund), omit subsection (3)(b).
(3) In Schedule 4 (consequential amendments), omit paragraphs 70 to 72.
Section 33
1
(1)
Section 28 of the Finance Act 1931 (production to Commissioners of
instruments transferring land) is amended as follows.
(2)
10In subsection (3), omit “or” after paragraph (a) and after paragraph (b) insert
“; or
“(c) to a Scottish transaction.”
(3) After subsection (3) insert—
“(3A) In subsection (3) “Scottish transaction” means the acquisition of—
(a)
15an estate, interest, right or power in or over land in Scotland,
or
(b)
the benefit of an obligation, restriction or condition affecting
the value of any such estate, interest, right or power.”
2 20The Finance Act 2003 is amended as follows.
3
Omit section 44(9A)(b) (application of provisions relating to missives of let
etc).
4 In section 48 (chargeable interests)—
(a)
in subsection (2)(c) omit “in England and Wales or Northern
25Ireland”;
(b) omit subsection (4);
(c)
in subsection (5) for “the United Kingdom” substitute “England and
Wales or Northern Ireland”.
5
In section 55(5) (additional provisions determining amount of tax
30chargeable)—
(a) omit the reference to section 75 and the word “and” preceding it;
(b) for “provide” substitute “provides”.
6 In section 57AA (first-time buyers)—
(a) in subsection (2)(b) after “under the law of” insert “Scotland or”;
(b) 35in subsection (2)(c) omit “72, 72A”.
7 In section 60 (compulsory purchase facilitating development)—
(a) in subsection (2)(a), omit “or Scotland”;