Scotland Bill (HL Bill 73)

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(a) after “section” insert

(a) if made by the Secretary of State,”

(b) at the end insert ;

(b) if made by the Scottish Ministers, are subject to the
5negative procedure (see section 28 of the Interpretation
and Legislative Reform (Scotland) Act 2010).”

(14) In section 112(7) (duty to inform Secretary of State: regulations)—

(a) after “section” insert

(a) if made by the Secretary of State,”

(b) 10at the end insert ;

(b) if made by the Scottish Ministers, are subject to the
negative procedure (see section 28 of the Interpretation
and Legislative Reform (Scotland) Act 2010).”

(15) In section 114 (interpretation of Chapter 3) in subsection (2) before the
15definition of “decommissioning programme” insert—

  • ““appropriate Minister” has the meaning given by section
    105(1A);”.

(16) In section 192 (powers exercisable by statutory instrument) in subsection (4)
after “Secretary of State” insert “, the Scottish Ministers”.

(17) 20Schedule 16 (applications and proposals for notices under section 95) is
amended as follows.

(18) For “Secretary of State” in each place, except in paragraph 7, substitute
“appropriate Minister”.

(19) In paragraph 9—

(a) 25after “Schedule” insert

(a) if made by the Secretary of State,”

(b) at the end insert ;

(b) if made by the Scottish Ministers, are subject to the
negative procedure (see section 28 of the Interpretation
30and Legislative Reform (Scotland) Act 2010).”

(20) In section 13 of the Marine and Coastal Access Act 2009 (safety zones: functions
under section 95 of the Energy Act 2004) omit subsection (7).

60 References to Competition and Markets Authority

In section 132(5) of the Enterprise Act 2002 (ministerial power to make
35references to Competition and Markets Authority: meaning of “appropriate
Minister”)—

(a) omit the “or” after paragraph (a), and

(b) after paragraph (b) insert—

(c) the Scottish Ministers and the Secretary of State acting
40jointly; or

(d) the Scottish Ministers, the Secretary of State and one or
more than one other Minister of the Crown, acting
jointly.”

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Part 6 Miscellaneous

61 Gas and Electricity Markets Authority

(1) The Utilities Act 2000 is amended as follows.

(2) 5In section 5 (annual and other reports of Authority)—

(a) in subsection (5) omit “and” at the end of paragraph (a) and insert—

(aa) send a copy of the report to the Scottish Ministers, and”,
and

(b) after subsection (5) insert—

(5A) 10The Scottish Ministers shall lay a copy of each annual report
before the Scottish Parliament.”

(3) After section 5 insert—

5XA Laying of accounts before Scottish Parliament

(1) The Comptroller and Auditor General must send to the Authority, in
15respect of each of its accounting years, a copy of the certified accounts
and report of the Authority no later than 15th January of the financial
year following that to which the accounts relate.

(2) The Authority must send to the Scottish Ministers, in respect of each of
its accounting years, a copy of the certified accounts and report of the
20Authority no later than 31st January of the financial year following that
to which the accounts relate.

(3)
The Scottish Ministers must lay a copy of whatever is sent to them
under subsection (2) before the Scottish Parliament.

(4) In subsections (1) and (2) “certified accounts and report” means those
25accounts certified under sections 5 and 7 of the Government Resources
and Accounts Act 2000, and the report issued by the Comptroller and
Auditor General under section 6(3)(a) of that Act.”

62 Office of Communications

(1) Section 1 of the Office of Communications Act 2002 (the Office of
30Communications) is amended as follows.

(2) In subsection (3) after paragraph (a) insert—

(aa) a member appointed by the Scottish Ministers;”.

(3) After subsection (3) insert—

(3A) Before appointing a member under subsection (3)(aa) the Scottish
35Ministers must consult the Secretary of State.”

(4) In subsection (5) after “(3)(a)” insert “, (aa)”.

(5) After subsection (10) insert—

(11) Paragraphs 1 and 2 of the Schedule apply in relation to the appointment
made under subsection (3)(aa) as if—

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(a) any reference to the Secretary of State was to the Scottish
Ministers, and

(b) after paragraph 2(6) there were inserted—

(7) Before the Scottish Ministers remove a person from office
5they must consult the Secretary of State.””

(6) The Schedule to the Office of Communications Act 2002 is amended as follows.

(7) In paragraph 11(3) (accounts and audit)—

(a) omit “and” at the end of paragraph (a), and

(b) at the end of paragraph (b) insert , and

(c) 10send a copy of the statement and of his report to the
Scottish Ministers.”

(8) After paragraph 11(3) insert—

(4) The Scottish Ministers shall lay a copy of the statement and report
sent to them under sub-paragraph (3) before the Scottish
15Parliament.”

(9) In paragraph 12 (annual report)—

(a) in sub-paragraph (1) after “Secretary of State” insert “and the Scottish
Ministers”, and

(b) after sub-paragraph (3) insert—

(4) 20The Scottish Ministers shall lay a copy of every report sent to
them under this paragraph before the Scottish Parliament.”

(10) In article 2(2) of the Public Appointments Order in Council 2014
(interpretation) in paragraph (a) of the definition of “appointing authority”
after “as the case may be,” insert “the Scottish Ministers,”.

63 25Bodies that may be required to attend before the Parliament

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

(2) After section 23 insert—

23A Power to impose requirements on specific bodies

(1) Section 23 applies in relation to requirements imposed on a person in
30connection with the discharge of the functions of a body mentioned in
subsection (2) in relation to Scotland with the omission of—

(a) the words after paragraph (b) in subsection (1), and

(b) subsections (2) and (6).

(2) The bodies are—

(a) 35the Commissioners of Northern Lighthouses,

(b) the Office of Communications, and

(c) the Gas and Electricity Markets Authority.”

64 Destination of fines, forfeitures and fixed penalties

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

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(2) After section 65 (payments out of the Scottish Consolidated Fund) insert—

65A Destination of fines, forfeitures and fixed penalties

Where an Act of Parliament or subordinate legislation under an Act of
Parliament requires or authorises a sum to be paid into the
5Consolidated Fund, and the sum appears to the Secretary of State to be
a fine, forfeiture or fixed penalty, the Secretary of State may with the
consent of the Treasury by regulations modify the Act or subordinate
legislation so as to require or authorise the sum to be paid instead into
the Scottish Consolidated Fund.”

(3) 10In Schedule 7 (procedure for subordinate legislation), in paragraph 1(2) insert
at the appropriate place—

“Section 65A Type K”.

Part 7 General

65 15Subordinate legislation under functions exercisable within devolved
competence

(1) Schedule 2 to the Interpretation and Legislative Reform (Scotland) Act 2010
(“the 2010 Act”) (Scottish statutory instruments: transitional and consequential
provision) has effect in relation to any function so far as exercisable within
20devolved competence by virtue of a provision of section 3, 20, 21, 22, 23, 24, 29
or 47, as if references to a “pre-commencement enactment” were to—

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

(b) any other enactment passed or made before the relevant date.

(2) Schedule 3 to the 2010 Act (modification of pre-commencement enactments)
25has effect in relation to devolved subordinate legislation, where the function of
making it is exercisable within devolved competence by virtue of a provision
of section 3, 20, 21, 22, 23, 24, 29 or 47, as if references to a “pre-commencement
enactment” were to—

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

(b) 30any other enactment passed or made before the relevant date.

(3) In this section—

(a) “devolved subordinate legislation” and “enactment” have the same
meaning as in Part 2 of the 2010 Act;

(b) references to the exercise of a function being within devolved
35competence are to be read in accordance with section 54 of the Scotland
Act 1998;

(c) in relation to a provision of section 3, 20, 21, 22, 23, 24, 29 or 47, the
relevant date for any purpose is the date on which the provision comes
into force for that purpose.

66 40Transfers of property etc to the Scottish Ministers

In section 60 of the Scotland Act 1998 (transfers to the Scottish Ministers), in
subsection (3), after “this Act” insert “or the Scotland Act 2015”.

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67 Transitional provision

(1) Nothing in a provision of this Act affects the validity of anything done by or in
relation to a Minister of the Crown before the provision comes into force.

(2) Anything (including legal proceedings) which is in the process of being done
5by or in relation to a Minister of the Crown at the time when a provision of this
Act comes into force may, so far as it relates to a function transferred to the
Scottish Ministers by virtue of that provision, be continued by or in relation to
the Scottish Ministers.

(3) Anything done (or which has effect as if done) by or in relation to a Minister of
10the Crown—

(a) which is in force when a provision of this Act comes into force, and

(b) which was done for the purposes of or in connection with a function
transferred by virtue of that provision,

has effect as if done by or in relation to the Scottish Ministers, so far as that is
15required for continuing its effect.

(4) This section applies subject to any provision made by regulations under section
68.

(5) In this section “Minister of the Crown” has the same meaning as in the
Ministers of the Crown Act 1975.

68 20Power to make consequential, transitional and saving provision

(1) The Secretary of State may by regulations make—

(a) such consequential provision in connection with any provision of
Part 1, 3, 4, 5 or 6, or

(b) such transitional or saving provision in connection with the coming
25into force of any provision of Part 1, 3, 4, 5 or 6,

as the Secretary of State considers appropriate.

(2) Regulations under this section may amend, repeal, revoke or otherwise modify
any of the following (whenever passed or made)—

(a) an enactment or an instrument made under an enactment;

(b) 30a prerogative instrument;

(c) any other instrument or document.

(3) Regulations under this section may make—

(a) different provision for different purposes or cases;

(b) provision generally or for specific cases;

(c) 35provision subject to exceptions;

(d) provision for the delegation of functions;

(e) transitional or saving provision.

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

(5) A statutory instrument containing regulations under this section which
40includes provision amending or repealing any provision of primary legislation
may not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.

(6) Any other statutory instrument containing regulations under this section, if
made without a draft having been approved by a resolution of each House of

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Parliament, is subject to annulment in pursuance of a resolution of either
House of Parliament.

(7) In this section—

  • “enactment” includes an Act of the Scottish Parliament, a Measure or Act
    5of the National Assembly for Wales and Northern Ireland legislation;

  • “prerogative instrument” means an Order in Council, warrant, charter or
    other instrument made under the prerogative;

  • “primary legislation” means—

    (a)

    an Act of Parliament,

    (b)

    10an Act of the Scottish Parliament,

    (c)

    a Measure or Act of the National Assembly for Wales, and

    (d)

    Northern Ireland legislation.

(8) In Schedule 4 to the Scotland Act 1998 (enactments etc protected from
modification), in paragraph 14, after “section 105” insert “or under section 68
15of the Scotland Act 2015”.

69 Commencement

(1) The following come into force on the day on which this Act is passed—

(a) section 1;

(b) section 34(1), (5), (6) and (9) to (10);

(c) 20this Part.

(2) The other provisions of section 34 come into force on the date specified under
section 90B(20) of the Scotland Act 1998 (transfer date for Crown Estate
scheme).

(3) Part 2 comes into force at the end of 2 months beginning with the day on which
25this Act is passed, subject to the provision made by that Part.

(4) The following provisions come into force on such day as the Secretary of State
may appoint by regulations made by statutory instrument—

(a) Part 3;

(b) sections 44 to 46;

(c) 30sections 55 to 57;

(d) section 59;

(e) section 62.

(5) Section 64 comes into force on such day as the Treasury may appoint by
regulations made by statutory instrument.

(6) 35Regulations under subsection (4) or (5) may appoint different days for different
purposes.

(7) The other provisions of this Act come into force at the end of 2 months
beginning with the day on which this Act is passed.

70 Short title

40This Act may be cited as the Scotland Act 2015.

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SCHEDULES

Section 18

SCHEDULE 1 Disapplication of UK aggregates levy: further amendments

1 Part 2 of The Finance Act 2001 (aggregates levy) is amended as follows.

2 (1) 5Section 17 (meanings of “aggregate” and “taxable aggregate”) is amended as
follows.

(2) In subsection (5) (aggregate that has already been subjected to a charge) for
“the United Kingdom” substitute “England, Wales or Northern Ireland”.

(3) In subsection (7) (interpretation), in the definition of “highway”, omit “the
10Roads (Scotland) Act 1984 or”.

3 (1) Section 19 (commercial exploitation) is amended as follows.

(2) In subsection (5) (interpretation of references to the exploitation of aggregate
in the United Kingdom) for “the United Kingdom”, in both places, substitute
“England, Wales or Northern Ireland”.

(3) 15In subsection (7)(a) (mixing of aggregate in permitted circumstances) for
“the United Kingdom” substitute “England, Wales or Northern Ireland”.

4 In section 20(1)(a) (originating sites) for “the United Kingdom” substitute
“England, Wales or Northern Ireland”.

5 (1) Section 24 (levy register) is amended as follows.

(2) 20In subsection (3) (taxable activity for the purposes of the register) for “the
United Kingdom” substitute “England, Wales or Northern Ireland”.

(3) In subsection (6)(e) (registration of premises for landing of aggregate won
from seabed) for “the United Kingdom”, in both places, substitute “England,
Wales or Northern Ireland”.

6 25In section 26(3) (offence of failing to provide security for levy) for “the
United Kingdom” substitute “England, Wales or Northern Ireland”.

7 (1) Section 30 (credit for aggregates levy) is amended as follows.

(2) In subsection (1) (cases where provision for credit may be made)—

(a) in paragraph (a) (export of aggregate) after “United Kingdom” insert
30“, from a place in England, Wales or Northern Ireland,”, and

(b) after paragraph (a) insert—

(aa) any of that aggregate is moved to Scotland, or to the
sea adjacent to Scotland, in the form of aggregate;”.

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(3) After subsection (5) insert—

(6) In subsection (1)(aa) the reference to the sea adjacent to Scotland is to
so much of the territorial sea adjacent to the United Kingdom as is to
be treated as adjacent to Scotland for the purposes of the Scotland
5Act 1998 (see section 126(2) of that Act).”

8 In section 44(a) (destination of receipts collected or received in Great Britain)
for “Great Britain” substitute “England and Wales”.

9 In section 48(1) (interpretation of Part 2) in the definition of “United
Kingdom waters”, in paragraph (a), after “Kingdom”, insert “, except so
10much of that territorial sea as is to be treated as adjacent to Scotland for the
purposes of the Scotland Act 1998 (see section 126(2) of that Act)”.

10 In Schedule 4 (registration), in paragraph 8(2) (interpretation of references to
taxable activity), for “the United Kingdom” substitute “England, Wales or
Northern Ireland”.

11 15In Schedule 6 (evasion etc), in paragraph 4(1)(a) (preparations for evasion),
for “the United Kingdom” substitute “England, Wales or Northern Ireland”.

12 (1) Schedule 7 (information and evidence etc) is amended as follows.

(2) In paragraph 11(1) (power to take samples) for “the United Kingdom”
substitute “England, Wales or Northern Ireland”.

(3) 20In paragraph 15 (interpretation), in the definition of “connected activities”
for “the United Kingdom” substitute “England, Wales or Northern Ireland”.

13 In Schedule 23 of the Finance Act 2011 (data-gathering powers of HMRC), in
paragraph 25(a) (relevant data-holders in relation to aggregates levy), for
“the United Kingdom” substitute “England, Wales or Northern Ireland”.

Section 41

25SCHEDULE 2 Roads: consequential and related amendments

Road Traffic Regulation Act 1984

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

2 (1) Section 15 (duration of orders etc under section 14) is amended as follows.

(2) 30In subsection (3)—

(a) for “Secretary of State”, in both places, substitute “national
authority”, and

(b) in paragraph (b) for “that authority” substitute “the authority that
made the temporary order”.

(3) 35In subsection (4)—

(a) for “Secretary of State” substitute “national authority”,

(b) omit “himself”,

(c) for “he” substitute “the national authority”, and

(d) for “that authority” substitute “the authority that made the
40temporary order”.

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(4) In subsections (5), (6) and (7) for “Secretary of State”, in each place, substitute
“national authority”.

3 (1) Section 16 (supplementary provision as to orders etc under section 14) is
amended as follows.

(2) 5In subsection (2) for “Secretary of State” substitute “national authority”.

(3) In subsection (2A)—

(a) for “Secretary of State” substitute “national authority”, and

(b) for “he” substitute “the national authority”.

4 In section 17 (traffic regulation on special roads)—

(a) 10omit subsection (3ZD), and

(b) omit paragraph (b) of subsection (3A) (and the “and” before it).

5 In section 24 (Secretary of State to establish crossings on certain roads)—

(a) for “Secretary of State” substitute “national authority”, and

(b) for “he”, in both places, substitute “the national authority”.

6 15In section 25(6)(b) (meaning of “crossing” in section 25 includes a crossing
established by Secretary of State under section 24)—

(a) for “Secretary of State” substitute “national authority”, and

(b) for “him” substitute “the national authority”.

7 In section 28 (stopping of vehicles at school crossings) for “Secretary of
20State”, in each place, substitute “national authority”.

8 In section 86 (speed limits for particular classes of vehicles) omit subsections
(7) and (9).

9 In section 88 (temporary speed limits) omit subsection (7A).

10 In section 124(1) (purposes of Schedule 9 etc) in paragraphs (a) and (b) for
25“Secretary of State” substitute “national authority”.

11 (1) Section 131 (application of road traffic enactments to Crown roads) is
amended as follows.

(2) For “Secretary of State”, in each place, substitute “relevant authority”,

(3) In subsection (1) for “him” substitute “the relevant authority”.

(4) 30In subsection (2)(b)—

(a) for “Secretary of State”, in both places, substitute “relevant
authority”, and

(b) for “him” substitute “the relevant authority”.

(5) In subsection (2)(c)—

(a) 35for “Secretary of State”, in each place, substitute “relevant authority”,
and

(b) for “the authority”, in both places, substitute “the appropriate Crown
authority”.

(6) After subsection (7) insert—

(8) 40In this section “relevant authority”—

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(a) in relation to functions under this section so far as exercisable
within devolved competence (within the meaning of the
Scotland Act 1998), means the Scottish Ministers;

(b) otherwise, means the Secretary of State.”

12 (1) 5Section 134 (regulations) is amended as follows.

(2) In subsection (1)—

(a) for “State,” substitute “State or”, and

(b) omit “, or on the Ministers acting jointly,”.

(3) In subsection (2)—

(a) 10omit “82(1)(b)”,

(b) omit “, or the Ministers acting jointly as the case may be,”, and

(c) for “or they think” substitute “thinks”.

(4) After subsection (3) insert—

(3A) Before making regulations under section 25, 64 or 87(1)(b) the
15Secretary of State must consult with the Scottish Ministers.”

(5) After subsection (5) insert—

(6) Regulations made by the Scottish Ministers under this Act (except
section 86) are subject to the negative procedure.

(7) Before making regulations under section 25, 64 or 87(1)(b) the
20Scottish Ministers must consult with the Secretary of State.

(8) Before making regulations under this Act, except section 82(1)(b), the
Scottish Ministers must consult with such representative
organisations as they think fit.”

13 In section 142(1) (general interpretation) omit the definition of “the
25Ministers”.

14 (1) Part 1 of Schedule 9 (reserve powers of Secretary of State in relation to
certain orders) is amended as follows.

(2) In the heading to the Part for “Secretary of State” substitute “national
authority”.

(3) 30In paragraph 1 (directions in relation to certain orders)—

(a) for “Secretary of State” substitute “national authority”, and

(b) after “give to that” insert “authorised”.

(4) In paragraph 2(b) (directions prohibiting certain orders)—

(a) after “prohibiting the” insert “authorised”, and

(b) 35for “Secretary of State” substitute “national authority”.

(5) In paragraph 3(1) (power of Secretary of State to make order instead of
authorised authority)—

(a) for “Secretary of State” substitute “national authority”, and

(b) after “as well as by the” insert “authorised”.

(6) 40In paragraph 4 (arrangements for making order of Secretary of State
effective etc)—

(a) for “Secretary of State” substitute “national authority”,