Scotland Bill (HL Bill 73)

Scotland BillPage 30

(3) After that heading insert—

“Exception 1

The making by a person of arrangements for, or arrangements for the
purposes of or in connection with a scheme for, any of the following
5purposes—

(a) assisting disabled persons to select, obtain and retain
employment;

(b) assisting persons claiming reserved benefits who are at risk
of long-term unemployment to select, obtain and retain
10employment, where the assistance is for at least a year;

(c) assisting employers to obtain suitable employees who are
persons referred to in paragraph (a) or (b).

The arrangements referred to in this exception include—

a (a) securing that the assistance referred to in this exception is
15provided by another person;

(b) providing or arranging for the provision of facilities, support
or services to any person;

(c) the making of payments to any person.

The assistance referred to in this exception includes—

(a) 20work search support,

(b) skills training, and

(c) work placements for the benefit of the community.

In this exception—

(a) “disabled person” has the same meaning as it has in the
25Equality Act 2010 as at 28 May 2015 (the date of introduction
into Parliament of the Bill for the Scotland Act 2015);

(b) “reserved benefit” means a benefit which is to any extent a
reserved matter.”

(4) At the beginning of the existing exception which begins “The subject-matter
30of—” insert—

Exception 2”.

(5) The Scotland Act 1998 has effect as if section 56(1)(g) of that Act included a
reference to section 17B of the Jobseekers Act 1995.

General

30 35Functions exercisable within devolved competence

(1) The Scotland Act 1998 (“the 1998 Act”) has effect, in relation to any function so
far as exercisable within devolved competence by virtue of a provision of
section 20, 21, 22, 23, 24, 25 or 29, as if references to a “pre-commencement
enactment” were to—

(a) 40an Act passed before or in the same session as the relevant date,

(b) any other enactment made before the relevant date,

(c) subordinate legislation under section 106 of the 1998 Act, to the extent
that the legislation states that it is to be treated as a pre-commencement
enactment,

Scotland BillPage 31

but did not include the 1998 Act or this Act (or any amendment made by either
of those Acts) or, subject to paragraph (c), an enactment comprised in
subordinate legislation under either of those Acts.

(2) In this section—

(a) 5expressions used in the 1998 Act have the same meaning as in that Act;

(b) in relation to a provision of section 20, 21, 22, 23, 24, 25 or 29, the
relevant date for any purpose is the date on which the provision comes
into force for that purpose.

(3) In section 53 of the 1998 Act (general transfer of functions), after subsection (3)
10insert—

(3A) But see sections 9, 30 and 48 of the Scotland Act 2015 (which give “pre-
commencement enactment” a different meaning for functions
exercisable within devolved competence by virtue of certain provisions
of that Act).”

31 15Universal credit: supplementary

(1) Section 117 of the Scotland Act 1998 applies in relation to the exercise of a
function by the Scottish Ministers by virtue of section 27(1) or section 28(1) as
it applies in relation to the exercise of functions by the Scottish Ministers within
devolved competence.

(2) 20For this purpose, the reference in section 117 to a pre-commencement
enactment is to be read as a reference to any enactment.

32 Information-sharing

(1) Information held by the Secretary of State for the purpose of a social security
function may be supplied by the Secretary of State to the Scottish Ministers for
25use for the purpose of a relevant Scottish social security function.

(2) Where information is supplied to the Scottish Ministers under subsection (1)
for use for any purpose, they may use it for any other purposes for which
information held by them for that purpose may be used.

(3) Information held by the Scottish Ministers for the purpose of a relevant
30Scottish social security function may be supplied by them to the Secretary of
State for use for the purpose of a social security function.

(4) Where information is supplied to the Secretary of State under subsection (3) for
use for any purpose, the Secretary of State may use it for any other purposes
for which information held by him or her for that purpose may be used.

(5) 35In subsections (1) to (4)

(a) references to the Secretary of State include a person providing services
to him or her;

(b) references to the Scottish Ministers include a person providing services
to them.

(6) 40Information supplied under this section must not be supplied by the recipient
of the information to any other person or body without—

(a) the authority of the Secretary of State, in the case of information
supplied under subsection (1);

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(b) the authority of the Scottish Ministers, in the case of information
supplied under subsection (3).

(7) In this section—

  • “social security function” means a function of the Secretary of State
    5relating to—

    (a)

    social security,

    (b)

    the investigation or prosecution of offences relating to tax
    credits,

    (c)

    employment or training,

    (d)

    10war pensions,

    (e)

    welfare foods, or

    (f)

    any other prescribed matter;

  • “relevant Scottish social security function” means—

    (a)

    a function which is exercisable by the Scottish Ministers within
    15devolved competence by virtue of any of the following
    provisions of Part 2 of Schedule 5 to the Scotland Act 1998—

    (i)

    exceptions 1, 2 and 4 to 8 and 10 in Section F1 (social
    security schemes), and

    (ii)

    exception 1 in Section H3 (job search and support);

    (b)

    20a function of the Scottish Ministers under or by virtue of—

    (i)

    section 27 (universal credit: costs of claimants who rent
    accommodation), or

    (ii)

    section 28 (universal credit: persons to whom, and time
    when, paid);

    (c)

    25a function of the Scottish Ministers relating to welfare foods;

    (d)

    any other prescribed function of the Scottish Ministers.

(8) In subsection (7)

(a) the reference to a function being exercisable within devolved
competence is to be read in accordance with section 54 of the Scotland
30Act 1998;

(b) “war pensions” means schemes for the payment of pensions, grants,
allowances, supplements or gratuities for or in respect of persons who
have a disablement or have died in consequence of service as members
of the armed forces of the Crown;

(c) 35“prescribed” means prescribed by regulations made by the Secretary of
State.

(9) Regulations under this section must be made by statutory instrument.

(10) A statutory instrument containing regulations under this section may not be
made unless a draft of the instrument has been laid before and approved by a
40resolution of each House of Parliament.

33 Extension of unauthorised disclosure offence

(1) Part 2 of Schedule 4 to the Social Security Administration Act 1992 is amended
as follows.

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(2) After paragraph 1A insert—

1B The reference in Part 1 of this Schedule to the Scottish
Administration is a reference to that Administration only to the
extent that the functions carried out by persons in its employ—

(a) 5relate to social security, or

(b) are, or are connected with, functions of the First-tier Tribunal
or Upper Tribunal which relate to social security or to
occupational or personal pension schemes or to war pensions
or functions of the Chief, or any other, Social Security
10Commissioner.”

(3) In paragraph 3, omit “, the Scottish Administration”.

Part 4 Other legislative competence

34 Crown Estate

(1) 15In Part 5 of the Scotland Act 1998, before the heading “Miscellaneous” insert—

“The Crown Estate

90B The Crown Estate

(1) The Treasury may make a scheme transferring on the transfer date all
the existing Scottish functions of the Crown Estate Commissioners
20(“the Commissioners”) to the Scottish Ministers or a person nominated
by the Scottish Ministers (“the transferee”).

(2) The existing Scottish functions are the Commissioners’ functions
relating to the part of the Crown Estate that, immediately before the
transfer date, consists of—

(a) 25property, rights or interests in land in Scotland, excluding
property, rights or interests mentioned in subsection (3), and

(b) rights in relation to the Scottish zone.

(3) Where immediately before the transfer date part of the Crown Estate
consists of property, rights or interests held by a limited partnership
30registered under the Limited Partnerships Act 1907, subsection (2)(a)
excludes—

(a) the property, rights or interests, and

(b) any property, rights or interests in, or in a member of, a partner
in the limited partnership.

(4) 35Functions relating to rights within subsection (2)(b) are to be treated for
the purposes of this Act as exercisable in or as regards Scotland.

(5) The property, rights and interests to which the existing Scottish
functions relate must continue to be managed on behalf of the Crown.

(6) That does not prevent the disposal of property, rights or interests for
40the purposes of that management.

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(7) Subsection (5) also applies to property, rights or interests acquired in
the course of that management (except revenues to which section 1(2)
of the Civil List Act 1952 applies).

(8) The property, rights and interests to which subsection (5) applies must
5be maintained as an estate in land or as estates in land managed
separately (with any proportion of cash or investments that seems to
the person managing the estate to be required for the discharge of
functions relating to its management).

(9) The scheme may specify any property, rights or interests that appear to
10the Treasury to fall within subsection (2)(a) or (b), without prejudice to
the functions transferred by the scheme.

(10) The scheme must provide for the transfer to the transferee of
designated rights and liabilities of the Commissioners in connection
with the functions transferred.

(11) 15The scheme must include provision to secure that the employment of
any person in Crown employment (within the meaning of section 191
of the Employment Rights Act 1996) is not adversely affected by the
transfer.

(12) The scheme must include such provision as the Treasury consider
20necessary or expedient—

(a) in the interests of defence or national security,

(b) in connection with access to land for the purposes of
telecommunications, or with other matters falling within
Section C10 in Part 2 of Schedule 5,

(c) 25for securing that the management of property, rights or
interests to which subsection (5) applies does not conflict with
the exploitation of resources falling within Section D2 in Part 2
of Schedule 5, or with other reserved matters in connection with
their exploitation, and

(d) 30for securing consistency, in the interests of consumers, in the
management of property, rights or interests to which subsection
(5) applies and of property, rights or interests to which the
Commissioners’ functions other than the existing Scottish
functions relate, so far as it affects the transmission or
35distribution of electricity or the provision or use of electricity
interconnectors.

(13) Any transfer by the scheme is subject to any provision under subsection
(12).

(14) The scheme may include—

(a) 40incidental, supplemental and transitional provision;

(b) consequential provision, including provision amending an
enactment, instrument or other document;

(c) provision conferring or imposing a function on any person
including any successor of the transferee;

(d) 45provision for the creation of new rights or liabilities in relation
to the functions transferred.

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(15) On the transfer date, the existing Scottish functions and the designated
rights and liabilities are transferred and vest in accordance with the
scheme.

(16) A certificate by the Treasury that anything specified in the certificate
5has vested in any person by virtue of the scheme is conclusive evidence
for all purposes.

(17) The Treasury may make a scheme under this section only with the
agreement of the Scottish Ministers.

(18) The power to make a scheme under this section is exercisable by
10statutory instrument.

(19) The power to amend the scheme is exercisable so as to provide for an
amendment to have effect from the transfer date.

(20) In this section—

  • “designated” means specified in or determined in accordance with
    15the scheme;

  • “the transfer date” means a date specified by the scheme as the
    date on which the scheme is to have effect.”

(2) Part 1 of Schedule 5 to the Scotland Act 1998 (general reservations) is amended
as follows.

(3) 20In sub-paragraph (3) of paragraph 2, after “Crown Estate” insert “(that is, the
property, rights and interests under the management of the Crown Estate
Commissioners)”.

(4) After that sub-paragraph insert—

(3A) Sub-paragraph (1) does not affect the reservation by paragraph 1 of
25the requirements of section 90B(5) to (8).”

(5) In paragraph 1(2) of Schedule 7 to that Act (procedure for subordinate
legislation) in the appropriate place insert—

“Section 90B Type C”

(6) After paragraph 3 of that Schedule insert—

3A 30If legislation under section 90B amends a scheme under that section
and does not contain provision—

(a) made by virtue of subsection (12) or (19) of that section, or

(b) adding to, replacing or omitting any part of the text of an Act,

then, instead of the type C procedure, the type I procedure shall
35apply.”

(7) For the purposes of the exercise on and after the transfer date of functions
transferred by the scheme under section 90B of the Scotland Act 1998, the
Crown Estate Act 1961 applies in relation to the transferee as it applied
immediately before that date to the Crown Estate Commissioners, with the
40following modifications—

(a) a reference to the Crown Estate is to be read as a reference to the
property, rights and interests to which section 90B(5) applies;

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(b) a reference to the Treasury is to be read as a reference to the Scottish
Ministers;

(c) a reference to the Comptroller and Auditor General is to be read as a
reference to the Auditor General for Scotland;

(d) 5a reference to Parliament or either House of Parliament is to be read as
a reference to the Scottish Parliament;

(e) the following do not apply—

  • in section 1, subsections (1), (4) and (7);

  • in section 2, subsections (1) and (2) and, if the Scottish Ministers
    10are the transferee, the words in subsection (3) from “in relation
    thereto” to the end;

  • in section 4, the words “with the consent of Her Majesty signified
    under the Royal Sign Manual”;

  • sections 5, 7 and 8 and Schedule 1.

(8) 15Subsection (7) is subject to any provision made by Order in Council under
subsection (9) or by any other enactment, including an enactment comprised
in, or in an instrument made under, an Act of the Scottish Parliament.

(9) Her Majesty may by Order in Council make such provision as She considers
appropriate for or in connection with the exercise by the transferee under the
20scheme under section 90B of the Scotland Act 1998 (subject to subsections (5) to
(8) of that section) of functions transferred by the scheme, including provision
taking effect on or before the transfer date.

(10) An Order in Council under subsection (9) may in particular—

(a) establish a body, including a body that may be nominated under that
25section as the transferee;

(b) amend, repeal, revoke or otherwise modify an enactment, an Act of the
Scottish Parliament, or an instrument made under an enactment or Act
of the Scottish Parliament.

(11) The power to make an Order in Council under subsection (9) is exercisable by
30Scottish statutory instrument subject to the affirmative procedure (see section
29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(12) That power is to be regarded as being exercisable within devolved competence
before the transfer date for the purposes of—

(a) section 92(4)(c) of the Scotland Act 1998 (Queen’s Printer for Scotland);

(b) 35section 104(2)(c) of that Act (power to make provision consequential on
legislation of, or scrutinised by, the Parliament);

(c) paragraph 11(3)(c) of Schedule 4 to that Act (modification of
enactments in relation to making of subordinate legislation).

(13) In section 1(2) of the Civil List Act 1952 (payment of hereditary revenues into
40the Scottish Consolidated Fund) after “treasure trove” insert “and from the
property, rights and interests the management of which is transferred by the
scheme under section 90B of the Scotland Act 1998”.

(14) In Schedule 1 to the Crown Estate Act 1961, omit paragraph 1(3A) and (4A)
(Commissioner with special responsibility for Scotland).

(15) 45In the Scotland Act 2012, omit section 18.

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35 Equal opportunities

(1) Section L2 in Part 2 of Schedule 5 to the Scotland Act 1998 (equal opportunities)
is amended as follows.

(2) Omit the words from “, including the subject-matter of” to “1995”.

(3) 5Under the heading “Exceptions”, at the end insert—

“Equal opportunities so far as relating to the inclusion of persons with
protected characteristics in non-executive posts on boards of Scottish
public authorities with mixed functions or no reserved functions.

Equal opportunities in relation to the Scottish functions of any Scottish
10public authority or cross-border public authority, other than any
function that relates to the inclusion of persons in non-executive posts
on boards of Scottish public authorities with mixed functions or no
reserved functions. The provision falling within this exception does not
include any modification of the Equality Act 2006 or the Equality Act
152010, or of any subordinate legislation made under those Acts, but does
include—

(a) provision that supplements or is otherwise additional to
provision made by those Acts;

(b) in particular, provision imposing a requirement to take action
20that the Acts do not prohibit;

(c) provision that reproduces or applies an enactment contained in
those Acts, with or without modification, without affecting the
enactment as it applies for the purposes of those Acts.”

(4) Under the heading “Interpretation”, at the appropriate places insert—

  • 25““Board” includes any other equivalent management body.”

  • ““Non-executive post” in relation to an authority means any
    position the holder of which is not an employee of the
    authority.”

  • ““Protected characteristic” has the same meaning as in the
    30Equality Act 2010.”

(5) Under that heading, at the end insert—

  • “The references to the Equality Act 2006, the Equality Act 2010 and
    any subordinate legislation made under those Acts, are to be
    read as references to those enactments, as at the day on which
    35section 35 of the Scotland Act 2015 comes into force, but treating
    any provision of them that is not yet in force on that day as if it
    were in force.”

(6) The Equality Act 2010 is amended as follows.

(7) In section 152(3) (power to specify public authorities: consultation and
40consent), for the words after “must” substitute “consult the Commission, and
after making such an order they must inform a Minister of the Crown.”

(8) In the table in section 154(3) (power to impose specific duties: cross-border
authorities) in the second column for the words “The Scottish Ministers must
consult a Minister of the Crown before” in both places substitute “The Scottish
45Ministers must inform a Minister of the Crown after”.

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36 Public sector duty regarding socio-economic inequalities

(1) Part 1 of the Equality Act 2010 (socio-economic inequalities) is amended as
follows.

(2) Section 1 (public sector duty) is amended as follows.

(3) 5In subsection (2) for “by a Minister of the Crown” substitute “in accordance
with subsection (2A)”.

(4) After subsection (2) insert—

(2A) The guidance to be taken into account under subsection (2) is—

(a) in the case of a duty imposed on an authority in relation to
10devolved Scottish functions, guidance issued by the Scottish
Ministers;

(b) in any other case, guidance issued by a Minister of the Crown.”

(5) Section 2 (power to amend section 1) is amended as follows.

(6) In subsections (7) and (9) omit “the Scottish Ministers or”.

(7) 15In subsection (10) for “the Ministers” substitute “the Welsh Ministers”.

(8) In subsection (11) for “section” substitute “Part”.

(9) In section 216 of that Act (commencement) at the beginning of subsection (3)
insert “Subject to subsection (4),” and after that subsection insert—

(4) The following provisions of Part 1 (socio-economic inequalities) come
20into force on such day as the Scottish Ministers may by order appoint—

(a) section 1, so far as it applies to a relevant authority as defined
by section 2(5);

(b) section 2, so far as it confers a power on the Scottish Ministers;

(c) section 3, for the purposes of section 1 to the extent mentioned
25in paragraph (a).

(5) The following do not apply to an order under subsection (4)—

(a) section 207(2) (see instead section 27 of the Interpretation and
Legislative Reform (Scotland) Act 2010: powers exercisable by
Scottish statutory instrument), and

(b) 30section 210.”

(10) In the Interpretation and Legislative Reform (Scotland) Act 2010, in section
30(4) (other instruments laid before the Parliament: exceptions) after
paragraph (i) insert—

(j) section 216(4) of the Equality Act 2010 (c.15)2010 (c.15).”

37 35Tribunals

(1) In Part 3 of Schedule 5 to the Scotland Act 1998 (reserved matters: general
provisions) after paragraph 2 insert—

“Tribunals

2A (1) This Schedule does not reserve the transfer to a Scottish tribunal of
40functions of a tribunal that relate to reserved matters, so far as those
functions are exercisable in relation to Scottish cases.

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(2) “Scottish cases” has the meaning given by an Order in Council made
by Her Majesty under this sub-paragraph.

(3) Sub-paragraph (1) does not apply where a function is excluded from
transfer.

(4) 5Where a function is not excluded from transfer but is subject to
qualified transfer, sub-paragraph (1) applies only if the transfer of
the function is in accordance with provision made by Her Majesty by
Order in Council.

(5) An Order in Council under sub-paragraph (4)—

(a) 10must specify the function to which it relates,

(b) must specify the Scottish tribunal to which the function may
be transferred, and

(c) may make any other provision which Her Majesty considers
necessary or expedient for the purposes of or in consequence
15of the transfer of the function and its exercise by the Scottish
tribunal.

(6) The functions that are subject to qualified transfer are the functions
of the following tribunals—

(a) the First-tier Tribunal or the Upper Tribunal that are
20established under section 3 of the Tribunals, Courts and
Enforcement Act 2007;

(b) an employment tribunal or the Employment Appeal
Tribunal;

(c) a tribunal listed in Schedule 1 to the Tribunals and Inquiries
25Act 1992;

(d) a tribunal listed in Schedule 6 to the Tribunals, Courts and
Enforcement Act 2007.

(7) Sub-paragraph (6)(c) and (d) include a tribunal added to the
Schedule concerned after this paragraph comes into force.

(8) 30Provision made by virtue of sub-paragraph (5)(c) may—

(a) include provision that—

(i) modifies the function;

(ii) imposes conditions or restrictions (including
conditions or restrictions relating to the composition
35or rules of procedure of the Scottish tribunal, or to its
staff or accommodation);

(b) be made with a view to purposes including—

(i) securing consistency in any respect in practice or
procedure or otherwise between the Scottish tribunal
40and other tribunals;

(ii) promoting judicial co-operation in the interests of
consistency.

(9) Sub-paragraph (8) does not limit the provision that may be made by
virtue of sub-paragraph (5)(c).

(10) 45The following functions are excluded from transfer—

(a) functions of a national security tribunal;