Scotland Bill (HL Bill 100)

Scotland BillPage 39

(3) Under 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.

5Equal opportunities in relation to the Scottish functions of any Scottish
public 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
10include any modification of the Equality Act 2010, or of any
subordinate legislation made under that Act, but does include—

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

(b) in particular, provision imposing a requirement to take action
15that that Act does not prohibit;

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

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

  • 20““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
    25Equality Act 2010.”

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

  • “The references to the Equality Act 2010 and any subordinate
    legislation made under that Act are to be read as references to
    those enactments, as at the day on which section 37 of the
    30Scotland Act 2016 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
consent), for the words after “must” substitute “consult the Commission, and
35after 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
Ministers must inform a Minister of the Crown after”.

38 40Public 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) In subsection (2) for “by a Minister of the Crown” substitute “in accordance
45with subsection (2A)”.

Scotland BillPage 40

(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
devolved Scottish functions, guidance issued by the Scottish
5Ministers;

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

(8) 10In 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
into force on such day as the Scottish Ministers may by order appoint—

(a) 15section 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
in paragraph (a).

(5) 20The 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) section 210.”

(10) 25In 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).”

39 Tribunals

(1) 30In 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
functions of a tribunal that relate to reserved matters, so far as those
35functions are exercisable in relation to Scottish cases.

(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) 40Where a function is not excluded from transfer but is subject to
qualified transfer, sub-paragraph (1) applies only if the transfer of

Scotland BillPage 41

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) must specify the function to which it relates,

(b) 5must 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
of the transfer of the function and its exercise by the Scottish
10tribunal.

(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
established under section 3 of the Tribunals, Courts and
15Enforcement Act 2007;

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

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

(d) 20a 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) Provision made by virtue of sub-paragraph (5)(c) may—

(a) 25include provision that—

(i) modifies the function;

(ii) imposes conditions or restrictions (including
conditions or restrictions relating to the composition
or rules of procedure of the Scottish tribunal, or to its
30staff 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
and other tribunals;

(ii) 35promoting 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) The following functions are excluded from transfer—

(a) 40functions of a national security tribunal;

(b) functions of a regulator, or of a person or body that exercises
functions on behalf of a regulator;

(c) functions of the Comptroller-General of Patents, Designs and
Trade Marks.

(11) 45In this paragraph—

  • a “national security tribunal” means—

    (a)

    the Pathogens Access Appeal Commission;

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    (b)

    the Proscribed Organisations Appeal Commission;

    (c)

    the Special Immigration Appeals Commission;

    (d)

    the tribunal established by section 65(1) of the
    Regulation of Investigatory Powers Act 2000
    5(investigatory powers tribunal);

    (e)

    any other tribunal that has functions relating to
    matters falling within Section B8 of Part 2 of this
    Schedule, except a tribunal mentioned in sub-
    paragraph (6);

  • 10a “regulator” means a person or body that has regulatory
    functions (within the meaning given by section 32 of the
    Legislative and Regulatory Reform Act 2006);

  • a “Scottish tribunal” means a tribunal in Scotland—

    (a)

    that does not have functions in or as regards any other
    15country or territory, except for purposes ancillary to
    its functions in or as regards Scotland, and

    (b)

    that is not, and does not have as a member, a member
    of the Scottish Government.

(12) The powers conferred by this paragraph do not affect the powers
20conferred by section 30 or section 113.”

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

“Schedule 5, Part 3, paragraph 2A Type A”

(3) Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals to which
25the Act applies) is amended as follows.

(4) Before paragraph 9A insert—

“Company names 9ZA Company names
adjudicators appointed under
section 70(1) of the Companies
30Act 2006.”

(5) In paragraph 34 (patents, designs and trademarks)—

(a) the words from “the Comptroller-General” to the end become sub-
paragraph (a), and

(b) after that sub-paragraph insert—

(b) 35a person appointed under section 27A(1)(a) of the
Registered Designs Act 1949;

(c) a person appointed under section 77(1) of the Trade
Marks Act 1994”.

(6) In section 7(2) of the Tribunals and Inquiries Act 1992 (tribunals in relation to
40which section 7 does not apply) after “3,” insert “9ZA,”.

(7) In section 14(1)(a) of that Act (restricted application of Act in relation to certain
tribunals) after “paragraph” insert “9ZA,”.

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40 Roads

(1) In Part 2 of Schedule 5 to the Scotland Act 1998, Section E1 (specific
reservations: road transport) is amended as follows.

(2) In the reservation relating to the subject-matter of certain enactments, for
5paragraph (c) (reservation of subject-matter of section 17 and other provisions
of the Road Traffic Regulation Act 1984) substitute—

(c) section 17 of the Road Traffic Regulation Act 1984 (traffic
regulation on special roads) except so far as relating to the
speed of vehicles on special roads, and section 87 of that Act
10(exemption of emergency vehicles from speed limits) so far as
relating to the training of drivers of vehicles,”.

(3) In the first exception relating to the Road Traffic Act 1988, after “sections”
insert “36 (offence of failing to comply with traffic sign),”.

(4) After that exception insert—

15“The subject-matter of the Road Traffic Act 1988 so far as relating to the
parking of vehicles on roads.”

(5) At the end insert—

Interpretation

The reference to the subject-matter of section 87 of the Road Traffic
20Regulation Act 1984 is to be construed as a reference to it as substituted
by section 19 of the Road Safety Act 2006 as at the date when section 40
of the Scotland Act 2016 comes into force, treating section 19 and any
amendment affecting it at that date as if they were in force (and,
accordingly, paragraph 5(1) of Part 3 of this Schedule does not apply to
25that reference).”

41 Roads: traffic signs etc

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

(2) In section 25(1) (Secretary of State to make pedestrian crossing regulations) for
“Secretary of State” substitute “national authority”.

(3) 30In section 64 (general provisions as to traffic signs)—

(a) in subsections (1) and (2) for “Secretary of State” substitute “national
authority”,

(b) in subsection (1) for “Ministers acting jointly” substitute “national
authority”,

(c) 35omit subsections (2A) to (2C), and

(d) omit subsections (7) and (8).

(4) Section 65 (powers of traffic authorities as to placing of traffic signs) is
amended as follows.

(5) In subsection (1) omit “as may be given by the Ministers acting jointly”.

(6) 40In subsections (1), (2), (3A)(ii) and (4) for “Secretary of State” substitute
“national authority”.

(7) In subsection (3) after “power” insert “of the Secretary of State”.

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(8) After that subsection insert—

(3ZA) The power of the Scottish Ministers to give general directions under
subsection (1) is to be exercisable by Scottish statutory instrument.

(3ZB) Before giving a general direction under subsection (1) the Secretary of
5State must consult with the Scottish Ministers.

(3ZC) Before giving a general direction under subsection (1) the Scottish
Ministers must consult with the Secretary of State.”

(9) In subsection (3A)(ii) after “prescribed” insert “in regulations made by the
national authority”.

(10) 10In section 69(3) (Secretary of State’s directions for removal of traffic signs) for
“Secretary of State” substitute “national authority”.

(11) In section 70(1) (default powers of Secretary of State as to traffic signs)—

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

(b) omit “himself”,

(c) 15omit “by him” in the first place,

(d) for “him”, in the second place, substitute “the national authority”, and

(e) after “the authority” insert “that failed to comply with the direction”.

(12) In section 71(1) (power to enter land in connection with traffic signs) for
“Secretary of State” substitute “national authority”.

(13) 20In section 77 (modification of provisions relating to directions where Secretary
of State is the traffic authority) for “Secretary of State”, in both places,
substitute “national authority”.

(14) Section 79 (advances by Secretary of State towards expenses of traffic signs) is
amended as follows.

(15) 25In subsection (1), for the words from “Secretary of State” to “Parliament,”
substitute “national authority may”.

(16) After subsection (1) insert—

(1A) An advance by the Secretary of State under this section is to be made
out of moneys provided by Parliament.”

(17) 30In subsections (3) and (5) for “Secretary of State” substitute “national
authority”.

(18) In section 142(1) (general interpretation) at the appropriate place insert—

  • ““national authority”—

    (a)

    in relation to roads in England and Wales, means the
    35Secretary of State;

    (b)

    in relation to roads in Scotland, means the Scottish
    Ministers;”.

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

(20) Section 36 (offence of failing to comply with traffic sign) is amended as follows.

(21) 40In subsections (1)(b) and (3)(a) for “Secretary of State” substitute “national
authority”.

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(22) In subsection (5) for the words from “Secretary of State for the Environment”
to “jointly” substitute “national authority”.

(23) After subsection (5) insert—

(6) Before making regulations under subsection (5) the Secretary of State
5must consult with the Scottish Ministers.

(7) Before making regulations under subsection (5) the Scottish Ministers
must consult with the Secretary of State.

(8) In this section “national authority” has the meaning given by section
142(1) of the Road Traffic Regulation Act 1984.”

(24) 10In section 195 (regulations) after subsection (4) insert—

(4ZA) Regulations made by the Scottish Ministers under section 36(5) are
subject to the negative procedure.”

42 Roads: speed limits

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

(2) 15Section 81 (speed limit for restricted roads) is amended as follows.

(3) In subsection (2)—

(a) for “Ministers acting jointly” substitute “national authority”, and

(b) omit the words from “made” to “Parliament”.

(4) After that subsection insert—

(3) 20An order under subsection (2)—

(a) if made by the Secretary of State, is to be made by statutory
instrument and approved by a resolution of each House of
Parliament;

(b) if made by the Scottish Ministers, is subject to the affirmative
25procedure.

(4) Before making an order under subsection (2) the Secretary of State must
consult with the Scottish Ministers.

(5) Before making an order under subsection (2) the Scottish Ministers
must consult with the Secretary of State.”

(5) 30In section 82 (what roads are restricted roads)—

(a) in subsection (1)(b) for “Secretary of State” substitute “Scottish
Ministers”, and

(b) in subsection (3) for “prescribed manner” substitute “manner
prescribed in regulations made by the national authority”.

(6) 35Section 83 (provisions as to directions by a traffic authority under section 82(2))
is amended as follows.

(7) In subsection (1)—

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

(b) 40for “his” substitute “the national authority’s”.

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(8) Section 84 (speed limits on roads other than restricted roads) is amended as
follows.

(9) In subsections (1A) and (1B) for “Secretary of State” substitute “national
authority”.

(10) 5Section 85 (traffic signs for indicating speed restrictions) is amended as follows.

(11) In the following places, for “Secretary of State” substitute “national
authority”—

(a) subsection (1),

(b) subsection (2)(a) and (b),

(c) 10subsection (3), and

(d) subsection (5A).

(12) In subsection (1) for “he” substitute “the national authority”.

(13) In subsection (3)—

(a) omit “himself”,

(b) 15omit “by him” in the first place, and

(c) for “him”, in the second place, substitute “the national authority”.

(14) In subsection (5A) omit the words from “or, where” to “officer of the Scottish
Ministers”.

(15) In subsection (7) after “power” insert “of the Secretary of State”.

(16) 20After subsection (7) insert—

(8) The power of the Scottish Ministers to give general directions under
subsection (2) is to be exercisable by Scottish statutory instrument.

(9) Before giving any general directions under subsection (2) the Secretary
of State must consult with the Scottish Ministers.

(10) 25Before giving any general directions under subsection (2) the Scottish
Ministers must consult with the Secretary of State.”

(17) In section 87 (exemption of emergency vehicles from speed limits) (as amended
by section 19 of the Road Safety Act 2006)—

(a) in paragraph (b) of subsection (1) for “prescribed purposes” substitute
30“purposes prescribed by regulations made by the relevant authority”,

(b) in that paragraph after “may be” insert “so”,

(c) in subsection (2)(a) for “this section” substitute “subsection (3)”,

(d) in subsection (4) for “The regulations”, in the first place, substitute
“Regulations under subsection (3)”,

(e) 35in subsection (5) for “The regulations”, in the first place, substitute
“Regulations under subsection (3)”,

(f) in subsection (6) for “The regulations” substitute “Regulations under
subsection (3)”, and

(g) at the end insert—

(7) 40In this section “relevant authority”—

(a) in relation to vehicles used on roads in Scotland, except
vehicles used in connection with reserved matters
(within the meaning of the Scotland Act 1998), means
the Scottish Ministers,

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

43 Roads: consequential provision etc

(1) Schedule 2 (roads: consequential and related provision) has effect.

(2) The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I.
51999/672) has effect in relation to the Road Traffic Regulation Act 1984 and the
Road Traffic Act 1988 as if the amendments of those Acts by sections 41 and
42(1) to (16) and Schedule 2 were in force immediately before the
commencement of the Order.

44 Policing of railways and railway property

(1) 10In Part 2 of Schedule 5 to the Scotland Act 1998, Section E2 (specific
reservations: rail transport) is amended as follows.

(2) Under the heading “Exceptions”, after the exception relating to the promotion
and construction of railways insert—

“Policing of railways and railway property.”

(3) 15Under the heading “Interpretation”, after the definition of “railway” insert—

““Railway property” has the meaning given by section 75(3) of the
Railways and Transport Safety Act 2003.”

45 British Transport Police: cross-border public authorities

(1) The following are cross-border public authorities for the purposes of the
20Scotland Act 1998 (“the 1998 Act”)—

(a) the British Transport Police Authority;

(b) the Chief Constable of the British Transport Police Force;

(c) the deputy Chief Constable of the British Transport Police Force;

(d) the assistant Chief Constables of the British Transport Police Force.

(2) 25In relation to those cross-border public authorities the reference in section 88(3)
of the 1998 Act to a pre-commencement enactment is to be read as a reference
to the Railways and Transport Safety Act 2003.

(3) Except as provided by subsection (2), the 1998 Act applies in relation to the
cross-border public authorities mentioned in subsection (1) in the same way as
30it applies in relation to cross-border public authorities specified in an Order in
Council under section 88(5) of the 1998 Act.

46 Onshore petroleum

(1) Section D2 in Part 2 of Schedule 5 to the Scotland Act 1998 (oil and gas) is
amended as follows.

(2) 35In the Exceptions, before “The manufacture of gas.” insert—

“The granting and regulation of licences to search and bore for and get
petroleum that, at the time of the grant of the licence, is within the
Scottish onshore area, except for any consideration payable for such
licences.

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Access to land for the purpose of searching or boring for or getting
petroleum under such a licence.”

(3) After the Exceptions insert—

Interpretation

5The Scottish onshore area is the area of Scotland that is within the
baselines established by any Order in Council under section 1(1)(b) of
the Territorial Sea Act 1987 (extension of territorial sea).

“Petroleum” means petroleum within the meaning given by section 1 of
the Petroleum Act 1998 in its natural state in strata.”

47 10Onshore petroleum: consequential amendments

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

(2) Section 3 (licences to search and bore for and get petroleum) is amended as
follows.

(3) In subsection (1)—

(a) 15for “Secretary of State” substitute “appropriate Minister”;

(b) for “he” substitute “the appropriate Minister”.

(4) In subsection (3) for “Secretary of State” in the second place substitute
“appropriate Minister”.

(5) Section 4 (licences: further provisions) is amended as follows.

(6) 20In subsection (1) for “Secretary of State” substitute “appropriate Minister”.

(7) After that subsection insert—

(1A) The Scottish Ministers may not make regulations under subsection
(1)(e) prescribing model clauses that may be prescribed under
subsection (1B).

(1B) 25The Secretary of State may make regulations prescribing model clauses
on the consideration payable for a licence granted by the Scottish
Ministers, and the following so far as they relate to such
consideration—

(a) the measurement of petroleum obtained from the licenced area
30(including the facilitation of such measurement);

(b) the keeping of accounts;

(c) cancellation of a licence by the Secretary of State if there has
been a failure to pay consideration or to comply with a clause
on a matter falling within paragraph (a) or (b).

(1C) 35Model clauses prescribed under subsection (1B) shall, unless the
Secretary of State thinks fit to modify or exclude them in any particular
case, be incorporated in any licence granted by the Scottish Ministers.”

(8) In subsection (3) for “Any such regulations” substitute “Any regulations made
by the Secretary of State”.