Scotland Bill

Scotland Bill - continued	House of Commons

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Arrangements at Westminster

Scottish representation at Westminster.

81. - (1) Schedule 2 to the Parliamentary Constituencies Act 1986 (rules for redistribution of seats) is amended as follows.

(2) Rule 1(2) (Scotland to have not less than 71 constituencies) is omitted.

(3) After rule 3 there is inserted-

" 3A. A constituency which includes the Orkney Islands or the Shetland Islands shall not include the whole or any part of a local government area other than the Orkney Islands and the Shetland Islands";

and in rule 4, for "3" there is substituted "3A".

(4) In applying rule 5 (electoral quotas for each part of the United Kingdom) to Scotland for the purposes of the first report of the Boundary Commission for Scotland to be submitted under section 3(1) of that Act after the commencement of this subsection, "electoral quota" means the number which, on the enumeration date in relation to that report, is the electoral quota for England.

(5) Paragraph 7 (Commissions do not have to give full effect to all rules), after "rules" there is inserted "(except rule 3A)".

The Advocate General for Scotland.

82. - (1) In Schedule 2 to the House of Commons Disqualification Act 1975 (Ministerial offices) and Part III of Schedule 1 to the Ministerial and other Salaries Act 1975 (salaries of the Law Officers), after the entry for the Solicitor General there is inserted-

" Advocate General for Scotland".

(2) The validity of anything done in relation to the Advocate General is not affected by a vacancy in that office.

(3) If that office is vacant or the Advocate General is for any reason unable to act, his functions shall be exercisable by such other Minister of the Crown as the Prime Minister may determine in writing.

Cross-border public bodies

Cross-border public bodies: initial status.

83. - (1) Sections 49, 105, 106 and 107 shall not apply in relation to any function which is specifically exercisable in relation to a cross-border public body.

(2) A Minister of the Crown shall consult the Scottish Ministers before he exercises, in relation to a cross-border public body, any specific function which is conferred by a pre-commencement enactment and-

(a) which relates to the appointment or removal of members or officers, or particular descriptions of members or officers, of the cross-border public body concerned, or

(b) whose exercise might otherwise affect devolved matters concerning Scotland.

(3) Any cross-border public body or other person which is required by a pre-commencement enactment to lay any report relating to a cross-border public body before Parliament or either House of Parliament shall also lay the report before the Scottish Parliament.

(4) Subsections (2) and (3) are subject to any subordinate legislation made under section 84.

(5) In this Act "cross-border public body" means any body or tribunal-

(a) established by an enactment, and

(b) specified in subordinate legislation under this section,

which, in addition to other functions, has functions exercisable in or as regards Scotland which do not relate to reserved matters.

(6) In this section "report" includes accounts and any statement.

Power to adapt cross-border public bodies.

84. - (1) Subordinate legislation may make provision in relation to a cross-border public body-

(a) enabling powers to be exercised or requiring duties to be performed by the Scottish Ministers instead of by a Minister of the Crown, or by the one or by the other, or by both jointly or by either with the agreement of or after consultation with the other,

(b) requiring or authorising the appointment of additional members,

(d) imposing, or enabling the imposition of, any limits or other restrictions in addition to or in substitution for existing limits or restrictions,

providing for sums to be charged on or payable out of, or paid into, the Scottish Consolidated Fund (instead of or in addition to payments into or out of the Consolidated Fund or the National Loans Fund or out of money provided by Parliament),

(f)

requiring payments, with or without interest, to a Minister of the Crown or into the Consolidated Fund or National Loans Fund.

(2) Subordinate legislation under this section may, in particular, make provision in relation to the keeping, auditing and certification of accounts and the making of reports.

(3) No subordinate legislation shall be made under this section unless the cross-border public body concerned has been consulted.

Power to transfer property of cross-border public bodies.

85. - (1) This section applies if an Act of the Scottish Parliament provides for any functions of a cross-border public body to be no longer exercisable in or as regards Scotland.

(2) Subordinate legislation may provide-

(a) for the transfer of any property to which this section applies, or

(b) for any person to have such rights or interests in relation to any property to which this section applies as the person making the legislation considers appropriate (whether in connection with a transfer or otherwise).

(3) This section applies to property belonging to the cross-border public body concerned which appears to the person making the legislation-

(a) to be held or used wholly or partly for or in connection with the exercise of any of the functions concerned, or

(b) not to be within paragraph (a) but, when last held or used for or in connection with the exercise of any function, to have been so held or used for or in connection with the exercise of any of the functions concerned.

(4) Subordinate legislation may provide for the transfer of any liabilities-

(a) to which the cross-border public body concerned is subject, and

(b) which appear to the person making the legislation to have been incurred wholly or partly for or in connection with the exercise of any of the functions concerned.

(5) No subordinate legislation shall be made under this section unless the cross-border public body concerned has been consulted.

Miscellaneous

Maladministration.

86. - (1) The Parliament shall make provision for the investigation of relevant complaints made to its members in respect of any action taken by or on behalf of-

(a) a member of the Scottish Executive in the exercise of functions conferred on the Scottish Ministers, or

(b) the Registrar General of Births, Deaths and Marriages for Scotland, the Keeper of the Registers of Scotland or the Keeper of the Records of Scotland.

(2) For the purposes of subsection (1), a complaint is a relevant complaint if it is a complaint of a kind which could be investigated under the Parliamentary Commissioner Act 1967 if it were made to a member of the House of Commons in respect of a government department or other authority to which that Act applies.

(3) In making provision of the kind required by subsection (1), the Parliament shall have regard (among other things) to the Act of 1967.

(4) Sections 49, 105, 106 and 107 shall not apply in relation to functions conferred by or under the Act of 1967.

(5) In this section-

"action" includes failure to act (and related expressions shall be read accordingly),

"provision" means provision by an Act of the Scottish Parliament;

and the references to the Act of 1967 are to that Act as it has effect on the commencement of this section.

Agency arrangements.

87. - (1) Arrangements may be made between the Scottish Ministers or the Lord Advocate and any relevant authority for the provision of administrative, professional or technical services by one of them for the other.

(2) In this section "relevant authority" means-

(a) any Minister of the Crown or government department,

(b) any holder of a public office, or

Private legislation.

88. - (1) This section applies where a pre-commencement enactment makes provision which has the effect of-

(a) requiring any order to be confirmed by Act of Parliament, or

(b) requiring any order (within the meaning of the Statutory Orders (Special Procedure) Act 1945) to be subject to special parliamentary procedure,

and power to make, confirm or approve the order in question is exercisable by the Scottish Ministers by virtue of section 49.

(2) The provision shall have effect, so far as it relates to the exercise of the power to make, confirm or approve the order by virtue of section 49, as if it required the order-

(a) to be confirmed by an Act of the Scottish Parliament, or

(b) (as the case may be) to be subject to such special procedure as may be provided by or under such an Act.

(3) Section 49 shall not apply in relation to the Private Legislation Procedure (Scotland) Act 1936.

Appointment and removal of judges.

89. - (1) It shall continue to be for the Prime Minister to recommend to Her Majesty the appointment of a person as Lord President of the Court of Session or Lord Justice Clerk.

(2) The Prime Minister shall not recommend to Her Majesty the appointment of any person who has not been nominated by the First Minister for such appointment.

(3) It is for the First Minister to recommend to Her Majesty the appointment of a person as-

(a) a judge of the Court of Session (other than the Lord President or the Lord Justice Clerk), or

(b) a sheriff principal or a sheriff.

(4) A judge of the Court of Session may be removed from office by Her Majesty on the recommendation of the First Minister.

(5) The First Minister shall make such a recommendation if (and only if) the Parliament resolves that the judge in question should be removed from office and the number of members voting in favour of the resolution is not less than two-thirds of the total number of seats for members of the Parliament.

Provision of information to the Treasury.

90. - (1) The Treasury may require the Scottish Ministers to provide, within such period as the Treasury may reasonably specify, such information, in such form and prepared in such manner, as the Treasury may reasonably specify.

(2) If the information is not in their possession or under their control, their duty under subsection (1) is to take all reasonable steps to comply with the requirement.

Prepared 18 December 1997