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PART V |
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MISCELLANEOUS AND GENERAL |
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Remuneration of members of the Parliament and Executive |
| Remuneration of members of the Parliament and Executive. |
76. - (1) The Parliament shall make provision for the payment of salaries to members of the Parliament and members of the Scottish Executive.
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(2) The Parliament may make provision for the payment of allowances to members of the Parliament or members of the Scottish Executive.
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(3) The Parliament may make provision for the payment of pensions, gratuities or allowances to, or in respect of, any person who-
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(a) has ceased to be a member of the Parliament or the Scottish Executive, or |
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(b) has ceased to hold such office or other place in connection with the Parliament or the Scottish Executive as the Parliament may determine but continues to be a member of the Parliament or the Scottish Executive. |
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(4) Such provision may, in particular, include provision for-
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(a) contributions or payments towards provision for such pensions, gratuities or allowances, |
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(b) the establishment and administration (whether by the Parliamentary corporation or otherwise) of one or more pension schemes. |
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(5) In this section "provision" includes provision-
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(a) by an Act of the Scottish Parliament, or |
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(b) by a resolution of the Parliament addressed to the Parliamentary corporation; |
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and references to a member of the Scottish Executive include a junior Scottish Minister.
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| Limits on salaries of members of the Parliament. |
77. - (1) The Parliament shall ensure that the amount of salary payable to a member of the Parliament in accordance with section 76 is reduced if any salary is payable to him-
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(a) pursuant to a resolution (or combination of resolutions) of either House of Parliament relating to the remuneration of members of that House, or |
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(b) under section 1 of the European Parliament (Pay and Pensions) Act 1979 (remuneration of United Kingdom MEPs). |
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(2) The Parliament shall ensure that the amount of salary is reduced-
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(a) to a particular proportion of what it would otherwise be or to a particular amount, or |
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(b) by the amount of any salary payable to the member as mentioned in subsection (1)(a) or (b), by a particular proportion of that amount or by some other particular amount. |
| Remuneration: supplementary. |
78. - (1) The Parliament shall ensure that information concerning sums paid as salaries, allowances, pensions or gratuities of the kind mentioned in section 76 is published for each financial year.
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(2) No payment of salary or allowances of the kind mentioned in section 76(1) or (2) shall be made to a person who is required by section 79 to take an oath unless he has done so.
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(3) Subsection (2) does not affect any entitlement to payments in respect of the period before the person concerned took the oath once he has done so.
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(4) For the purposes of sections 76 and 77, a person who is a member of the Parliament immediately before the Parliament is dissolved shall be treated-
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(a) if he continues to hold office by virtue of section 18(2) or paragraph 1 of Schedule 2, as if he were such a member until the end of the day on which he ceases to hold such office, and |
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(b) if he does not fall within paragraph (a) but is nominated as a candidate at the subsequent general election, as if he were such a member until the end of the day on which the election is held. |
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(5) Different provision may be made under section 76 or 77 for different cases.
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Other provision about members of the Parliament etc. |
| Oaths. |
79. - (1) A person who is returned as a member of the Parliament shall take the oath of allegiance (whether or not he has taken the oath after being returned on a previous occasion or otherwise than as a member of the Parliament).
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(2) He shall do so at a meeting of the Parliament and shall not take part in any other proceedings of the Parliament until he has done so.
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(3) If he has not done so within the period of two months beginning with the day on which he was returned, or such longer period as the Parliament may have allowed before the end of that period, he shall cease to be a member of the Parliament (so that his seat is vacant).
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(4) Each member of the Scottish Executive shall on appointment-
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(a) take the official oath in the form provided by the Promissory Oaths Act 1868, and |
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(b) take the oath of allegiance. |
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(5) Each junior Scottish Minister shall on appointment take the oath of allegiance.
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(6) Subsections (4) and (5) do not require a member of the Parliament to take the oath of allegiance again if he has already done so in compliance with his duty as a member.
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(7) In this section, references to taking the oath of allegiance are to taking it in the form provided by the Promissory Oaths Act 1868.
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| Exemption from jury service. |
80. - (1) In Part III of Schedule 1 to the Juries Act 1974 (persons excusable as of right from jury service) after the entries under the heading "Parliament" there is inserted-
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"Scottish Parliament and Scottish Executive |
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Members of the Scottish Parliament. |
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Members of the Scottish Executive. |
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Junior Scottish Ministers". |
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(2) In Part III of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (persons excusable as of right from jury service), after the entries in Group A, there is inserted-
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"GROUP AB |
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Scottish Parliament and Scottish Executive |
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(a) members of the Scottish Parliament;(b) members of the Scottish Executive; and(c) junior Scottish Ministers". |
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