Scotland Bill - continued        House of Commons
PART I, THE SCOTTISH PARLIAMENT - continued

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Legislation
Acts of the Scottish Parliament.     27. - (1) Subject to section 28, the Parliament may make laws, to be known as Acts of the Scottish Parliament.
 
      (2) Proposed Acts of the Scottish Parliament shall be known as Bills; and a Bill shall become an Act of the Scottish Parliament when it has been passed by the Parliament and has received Royal Assent.
 
      (3) A Bill receives Royal Assent at the beginning of the day on which Letters Patent under the Scottish Seal signed with Her Majesty's own hand signifying Her Assent are recorded in the Register of the Great Seal.
 
      (4) The date of Royal Assent shall be written on the Act of the Scottish Parliament by the Clerk, and shall form part of the Act.
 
      (5) The validity of any proceedings leading to the enactment of an Act of the Scottish Parliament shall not be called into question in any legal proceedings.
 
      (6) Every Act of the Scottish Parliament shall be judicially noticed.
 
      (7) This section does not affect the power of the Parliament of the United Kingdom to make laws for Scotland.
 
Legislative competence.     28. - (1) An Act of the Scottish Parliament is not law so far as any provision of the Act is outside the legislative competence of the Parliament.
 
      (2) A provision is outside that competence so far as any of the following paragraphs apply-
 
 
    (a) it would form part of the law of a country or territory other than Scotland,
 
    (b) its effect would be to modify any provision of this Act,
 
    (c) it relates to reserved matters,
 
    (d) it is incompatible with any of the Convention rights or with Community law, or
 
    (e) it would remove the Lord Advocate from his position as head of the systems of criminal prosecution and investigation of deaths in Scotland.
      (3) Subsection (2)(b) is subject to the provisions of Schedule 4.
 
      (4) A provision is not outside that competence by reason of subsection (2)(c) merely because it makes modifications of Scots private law, or Scots criminal law, as it applies to reserved matters if the provision does so in such a way that the law in question applies consistently to devolved and reserved matters.
 
      (5) A provision is not outside that competence by reason of subsection (2)(c) merely because it makes modifications of any enactment as it applies to reserved matters which are incidental to or consequential on provision made (whether by the Act in question or another enactment) for purposes relating to any devolved matters.
 
      (6) A provision does not relate to reserved matters merely because it makes provision for purposes relating to devolved matters which incidentally affects reserved matters unless it makes modifications of Scots private law or Scots criminal law, or of any enactment, as it applies to reserved matters.
 
      (7) A provision is not outside that competence merely because it provides for rights or liabilities to which the Parliament is entitled or subject to be treated for any purposes as rights or (as the case may be) liabilities of the Parliamentary corporation or the Scottish Ministers.
 
      (8) An Act of the Scottish Parliament may modify a provision made by or under an Act of Parliament, whenever passed or made, if the modification is otherwise within its legislative competence.
 
      (9) Any provision of an Act of the Scottish Parliament is to be read, so far as possible, so as to be within the legislative competence of the Parliament and is to have effect accordingly.
 
      (10) References in this section to modification of the law include re-enactment and codification.
 
Reserved matters.     29. - (1) Schedule 5 (which-
 
 
    (a) defines reserved matters, and
 
    (b) otherwise supplements section 28),
  shall have effect.
 
      (2) Subordinate legislation may make any modifications of that Schedule which the person making the legislation considers necessary or expedient.
 
      (3) The subordinate legislation may modify any enactment (including any other provision of this Act), instrument or other document.
 
      (4) In this Act "devolved matters" means matters other than reserved matters.
 
Scrutiny of Bills by the Scottish Executive.     30. - (1) A member of the Scottish Executive in charge of a Bill shall, on or before introduction of the Bill in the Parliament, make a statement to the effect that in his view an Act of the Scottish Parliament containing the same provisions as those in the Bill would be within the legislative competence of the Parliament.
 
      (2) The statement shall be in writing and shall be published in such manner as the member of the Scottish Executive making the statement considers appropriate.
 
Scrutiny of Bills by the Presiding Officer.     31. - (1) Standing orders shall, subject to subsection (2), ensure that a Bill is not introduced in the Parliament if the Presiding Officer decides that the Bill or any provision of the Bill would not be within the legislative competence of the Parliament.
 
      (2) Standing orders may provide for the Parliament to overrule any decision of the Presiding Officer of the kind mentioned in subsection (1) and for the Bill to be proceeded with accordingly.
 
      (3) Standing orders shall ensure that it is the Presiding Officer who submits Bills for Royal Assent.
 
      (4) Standing orders shall ensure that the Presiding Officer does not submit a Bill for Royal Assent at any time when-
 
 
    (a) the Advocate General, the Lord Advocate or the Attorney General is entitled to make a reference in relation to the Bill under section 32,
 
    (b) any such reference has been made but has not been decided or otherwise disposed of by the Judicial Committee, or
 
    (c) an order may be made in relation to the Bill under section 33.
      (5) Standing orders shall ensure that, if the Judicial Committee have decided that a Bill or any provision of a Bill would not be within the legislative competence of the Parliament, the Presiding Officer does not submit the Bill in its unamended form for Royal Assent.
 
      (6) In this Act-
 
 
    "Advocate General" means the Advocate General for Scotland, and
 
    "Judicial Committee" means the Judicial Committee of the Privy Council.
Scrutiny of Bills by the Judicial Committee.     32. - (1) The Advocate General, the Lord Advocate or the Attorney General may refer the question of whether a Bill or any provision of a Bill would be within the legislative competence of the Parliament to the Judicial Committee for decision.
 
      (2) Subject to subsection (3), he may make a reference in relation to a Bill at any time during-
 
 
    (a) the period of four weeks beginning with the passing of the Bill, and
 
    (b) any period of four weeks beginning with any subsequent approval of the Bill in accordance with standing orders made by virtue of section 34(4).
      (3) He shall not make a reference in relation to a Bill if he has notified the Presiding Officer that he does not intend to make a reference in relation to the Bill, unless the Bill has been approved as mentioned in subsection (2)(b) since the notification.
 
Power to intervene in certain cases.     33. - (1) If a Bill contains provisions-
 
 
    (a) which the Secretary of State has reasonable grounds to believe would be incompatible with any international obligations, or
 
    (b) which are within the legislative competence of the Parliament by virtue of subsection (4) (as it applies in relation to Scots private law) or subsection (5) of section 28 but which the Secretary of State has reasonable grounds to believe would have an adverse effect on the operation of an enactment as it applies to reserved matters,
  he may make an order prohibiting the Presiding Officer from submitting the Bill for Royal Assent.
 
      (2) The order must identify the Bill and the provisions in question and state the reasons for making the order.
 
      (3) The order may be made at any time during-
 
 
    (a) the period of four weeks beginning with the passing of the Bill, and
 
    (b) any period of four weeks beginning with any subsequent approval of the Bill in accordance with standing orders made by virtue of section 34(4).
      (4) The Secretary of State shall not make an order in relation to a Bill if he has notified the Presiding Officer that he does not intend to do so, unless the Bill has been approved as mentioned in subsection (3)(b) since the notification.
 
      (5) An order in force under this section at a time when such approval is given shall cease to have effect.
 
Stages of Bills.     34. - (1) Standing orders shall include provision-
 
 
    (a) for general debate on a Bill with an opportunity for members to vote on its general principles,
 
    (b) for the consideration of, and an opportunity for members to vote on, the details of a Bill, and
 
    (c) for a final stage at which a Bill can be passed or rejected.
      (2) Standing orders may, in relation to different types of Bill, modify provisions made in pursuance of subsection (1).
 
      (3) Standing orders shall provide for an opportunity for the reconsideration of a Bill after its passing if (and only if)-
 
 
    (a) the Judicial Committee decide that the Bill or any provision of it would not be within the legislative competence of the Parliament, or
 
    (b) an order is made in relation to the Bill under section 33.
      (4) Standing orders shall, in particular, ensure that any Bill amended on reconsideration is subject to a final stage at which it can be approved or rejected.
 
      (5) References in subsection (3), section 27(2) and 36(1)(a) to the passing of a Bill shall, in the case of a Bill which has been amended on reconsideration, be read as references to the approval of the Bill.
 
 
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Prepared 18 December 1997