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Scotland Bill

This is the text of the Scotland Bill, as presented to the House of Commons on 17 December 1997.

 
  
EXPLANATORY AND FINANCIAL MEMORANDUM
 
 
 
  
Scotland Bill
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
THE SCOTTISH PARLIAMENT
The Scottish Parliament
Clause 
1.The Scottish Parliament.

General elections
2.Ordinary general elections.
3.Extraordinary general elections.
4.Candidates.
5.Poll for regional members.
6.Calculation of regional figures.
7.Allocation of seats to regional members.

Vacancies
8.Constituency vacancies.
9.Regional vacancies.

Franchise and conduct of elections
10.Electors.
11.Power to make provision about elections.

Duration of membership
12.Term of office of members.
13.Resignation of members.

Disqualification
14.Disqualification from membership of the Parliament.
15.Exceptions and relief from disqualification.
16.Effect of disqualification.
17.Judicial proceedings as to disqualification.

Presiding Officer and administration
18.Presiding Officer.
19.Clerk of the Parliament.
20.Scottish Parliamentary Corporate Body.

Proceedings etc.
21.Standing orders.
22.Members' interests.
23.Power to call for witnesses and documents.
24.Witnesses and documents: offences.
25.Witnesses and documents: general.
26.Participation of the Scottish Law Officers.

Legislation
27.Acts of the Scottish Parliament.
28.Legislative competence.
29.Reserved matters.
30.Scrutiny of Bills by the Scottish Executive.
31.Scrutiny of Bills by the Presiding Officer.
32.Scrutiny of Bills by the Judicial Committee.
33.Power to intervene in certain cases.
34.Stages of Bills.

Miscellaneous
35.Acts of Union.
36.Letters Patent and proclamations.
37.Defamatory statements.
38.Contempt of court.
39.Corrupt practices.
40.Calculating time for meeting of the Parliament.

PART II
THE SCOTTISH ADMINISTRATION
The Scottish Administration
41.The Scottish Executive.
42.The First Minister.
43.Choice of the First Minister.
44.Ministers.
45.The Scottish Law Officers.
46.Junior Scottish Ministers.
47.The Civil Service.

Ministerial functions
48.Exercise of functions.
49.General transfer of functions.
50.Scope of powers to make subordinate legislation, etc.
51.Functions exercisable with agreement.
52.Shared powers.
53.Community law and Convention rights.
54.Power to prevent or require action.

Property and liabilities
55.Property and liabilities of the Scottish Ministers.
56.Transfers to the Scottish Ministers.
57.Property and liabilities of the Lord Advocate and the First Minister.
58.Transfers to the Lord Advocate.

Transfer of additional functions
59.Power to transfer functions.
60.Transfers of property and liabilities in connection with functions.

PART III
FINANCIAL PROVISIONS
61.Scottish Consolidated Fund.
62.Payments out of the Fund.
63.Borrowing by the Scottish Ministers, etc.
64.Lending by the Secretary of State.
65.Borrowing by public bodies.
66.Financial control, accounts and audit.
67.Existing debt.
68.Accounts of loans to the Scottish Ministers.

PART IV
THE TAX-VARYING POWER
69.Power to fix basic rate for Scottish taxpayers.
70.Supplemental provision with respect to resolutions.
71.Scottish taxpayers.
72.Changes to income tax structure.
73.Accounting for additional Scottish tax.
74.Effect of tax reduction for Scottish taxpayers.
75.Supplemental powers to modify enactments.

PART V
MISCELLANEOUS AND GENERAL
Remuneration of members of the Parliament and Executive
76.Remuneration of members of the Parliament and Executive.
77.Limits on salaries of members of the Parliament.
78.Remuneration: supplementary.

Other provision about members of the Parliament etc.
79.Oaths.
80.Exemption from jury service.

Arrangements at Westminster
81.Scottish representation at Westminster.
82.The Advocate General for Scotland.

Cross-border public bodies
83.Cross-border public bodies: initial status.
84.Power to adapt cross-border public bodies.
85.Power to transfer property of cross-border public bodies.

Miscellaneous
86.Maladministration.
87.Agency arrangements.
88.Private legislation.
89.Appointment and removal of judges.
90.Provision of information to the Treasury.

Judicial scrutiny
91.Devolution issues.
92.Legislative power to remedy ultra vires acts.
93.Powers of courts or tribunals to vary retrospective decisions.
94.The Judicial Committee.

Supplementary powers
95.Power to make provision consequential on Acts of the Scottish Parliament.
96.Power to make provision consequential on this Act.
97.Power to adapt certain Ministerial and other functions.
98.Scottish taxpayers for social security etc. purposes.
99.Regulation of Tweed and Esk fisheries.

PART VI
SUPPLEMENTARY
Subordinate legislation
100.Subordinate legislation: general.
101.Subordinate legislation: procedure.
102.Subordinate legislation under open powers.
103.Transfer of property: supplementary.

General modification of enactments
104.Ministers of the Crown.
105.Subordinate instruments.
106.Consolidated Fund, etc.
107.Requirements to lay reports etc. before Parliament.
108.Crown land.
109.Stamp duty.

Amendments, repeals etc.
110.Amendments, repeals, etc.

Final provisions
111.Interpretation.
112.Index of defined expressions.
113.Expenses.
114.Commencement.
115.Extent.
116.Short title.
 

SCHEDULES:
    SCHEDULE 1-Constituencies, regions and regional members.
    SCHEDULE 2-Scottish Parliamentary Corporate Body.
    SCHEDULE 3-Standing orders - further provision.
    SCHEDULE 4-Provisions of Act not protected from modification.
    SCHEDULE 5-Reserved matters.
    Part I-General reservations.
    Part II-Specific reservations.
    Part III-Interpretation.
    SCHEDULE 6-Devolution issues.
    Part I-Preliminary.
    Part II-Proceedings in Scotland.
    Part III-Proceedings in England and Wales.
    Part IV-Proceedings in Northern Ireland.
    Part V-General.
    SCHEDULE 7-Modifications of enactments.
    SCHEDULE 8-Repeals.
 

 
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Prepared 18 December 1997