Scotland Bill (HL Bill 138)

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 Members’ interests

(1) 15Section 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) 20Provision 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
25in 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
30member 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
35made in pursuance of those subsections as substituted by subsection (2).

8 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) amendments 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

9 5Continued 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) 10to 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
15the 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)
20(inserted by section 13) 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) 25the 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.”

10 30Air weapons

In 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)
  35of the Firearms Act 1968 (which is subject to the following which
  remain 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)

  40the power to make an order under section 1(4) of the Firearms
  (Amendment) Act 1988 (specially dangerous weapons to be
  prohibited)).”

11 Antarctica

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

• “L7. Antarctica

• 5Regulation of activities in Antarctica.

• Interpretation

• “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
10included 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

12 15The 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
Government”;

(b) 20in 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) Unless the context requires otherwise, any reference to the Scottish Executive
25in 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.

13 Exercise of power to make Order disqualifying persons from membership of
the Parliament

(1) 30The 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)
applies to the function of making an Order in Council under section
3515(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

persons 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) 5For 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
regarded as being exercisable within devolved competence.”

(5) In Schedule 4 (enactments etc protected from modification), in paragraph 11
10(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
specify persons disqualified from membership of the Parliament) is
to be regarded as being exercisable within devolved competence.”

14 15Time limit for human rights actions against Scottish Ministers etc

(1) In 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) 20The Convention Rights Proceedings (Amendment) (Scotland) Act 2009 (asp 11)2009 (asp 11)
is 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) 25Subsections (1) to (4) above do not apply to any proceedings brought before
this section comes into force.

(6) After 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
30in 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
Convention rights.

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

(a) 35the period of one year beginning with the date on which the act
complained of took place, or

(b) such 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
40to the procedure in question.

(3C) Subsection (3B) does not apply to proceedings brought by the Lord
Advocate, 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
a failure to make legislation).

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

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

(8) Subsections (6) and (7) above apply to any proceedings brought after this
section comes into force (including proceedings in respect of an act taking
10place before this section comes into force).

15 Power to vary retrospective decisions about non-legislative acts

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

“(c) any other purported exercise of a function by a member of the
15Scottish Government was outside devolved competence.”

Executive competence

16 BBC Trust member for Scotland

In the 1998 Act, after section 90 insert—

“The BBC

90A 20BBC 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
25Scottish 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.”

17 Exercise of functions relating to Seirbheis nam Meadhanan Gàidhlig

(1) 30The 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
35of this section.”

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

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