Scotland Bill - continued        House of Commons

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SCHEDULE 7
 
  MODIFICATIONS OF ENACTMENTS
 
Crown Suits (Scotland) Act 1857 (c.44)
     1. - (1) The Crown Suits (Scotland) Act 1857 is amended as follows.
 
      (2) In section 1 (Crown suits may be brought by or against Lord Advocate)-
 
 
    (a) after "Crown" there is inserted "(including the Scottish Administration)", and
 
    (b) for "Her Majesty's Advocate for the time being" there is substituted "the appropriate Law Officer".
      (3) In section 2 (authority of Crown required)-
 
 
    (a) for "Her Majesty's Advocate" there is substituted "the appropriate Law Officer", and
 
    (b) after "Majesty" there is inserted "of the Scottish Administration".
      (4) In section 3 (absence of authority cannot be founded upon), for "Her Majesty's Advocate" there is substituted "the appropriate Law Officer".
 
      (5) After section 4 there is inserted-
 
 
"Meaning of "the appropriate Law Officer".     4A. In this Act "the appropriate Law Officer" means-
 
    (a) the Lord Advocate, where the action, suit or proceeding is on behalf of or against any part of the Scottish Administration, and
 
    (b) the Advocate General for Scotland, in any other case."
      (6) In section 5 (change of Lord Advocate not to affect proceedings)-
 
 
    (a) for "Her Majesty's Advocate" there is substituted "the Lord Advocate or the Advocate General for Scotland", and
 
    (b) for "the office of Her Majesty's Advocate" there is substituted "that office".
 
Private Legislation Procedure (Scotland) Act 1936 (c.52)
     2. In section 1 of the Private Legislation Procedure (Scotland) Act 1936 (application for provisional order: notices), after subsection (4) there is added-
 
 
    "(5) This section shall not apply where any public authority or any persons desire to obtain parliamentary powers the conferring of which is wholly within the legislative competence of the Scottish Parliament."
 
 
Crown Proceedings Act 1947 (c.44)
     3. - (1) The Crown Proceedings Act 1947 is amended as follows.
 
      (2) In the proviso to section 44 (remit from sheriff court to Court of Session on Lord Advocate's certificate)-
 
 
    (a) for "Lord Advocate" there is substituted "appropriate Law Officer", and
 
    (b) at the end there is inserted-
 
  " In this proviso, "the appropriate Law Officer" means-
 
    (a) the Lord Advocate, where the proceedings are against the Scottish Administration, and
 
    (b) the Advocate General for Scotland, in any other case."
      (3) In section 50 (application to Scotland of section 35), subsection (2) of section 35 as substituted for Scotland is amended as follows-
 
 
    (a) in paragraph (d)-
 
      (i) after "Crown" there is inserted "in right of Her Majesty's Government in the United Kingdom",
 
      (ii) for "Lord Advocate" there is substituted "Advocate General for Scotland", and
 
      (iii) after "department", in the second place where it appears, there is inserted-
 
      "(i) shall not be entitled to avail itself of any set-off or counterclaim if the subject matter thereof relates to the Scottish Administration, and
 
      (ii) ", and
 
    (b) after that paragraph there is inserted-
 
    "(e) the Scottish Administration, in any proceedings against it or against the Lord Advocate on its behalf, shall not be entitled to avail itself of any set-off or counterclaim if the subject matter thereof relates to the Crown in right of Her Majesty's Government in the United Kingdom,
 
    (f) the Scottish Administration, in any proceedings against it or against the Lord Advocate on its behalf, shall not be entitled to avail itself of any set-off or counterclaim if the subject-matter thereof does not relate to the same part of the Administration as the proceedings."
      (4) In section 51(2) (application to Scotland of section 38), in paragraph (ii), after "Lord Advocate" there is inserted "or the Advocate General for Scotland".
 
 
Lands Tribunal Act 1949 (c. 42)
     4. In section 2 of the Lands Tribunal Act 1949 (members etc. of Lands Tribunal for Scotland), after subsection (9) there is inserted-
 
 
    "(10) In the application of this section to the Lands Tribunal for Scotland-
 
 
    (a) in subsection (8) the words "remuneration and" are omitted, and
 
    (b) after that subsection there is inserted-
 
      `(8A) The remuneration of members of the Lands Tribunal shall be charged on the Scottish Consolidated Fund'."
 
Defamation Act 1952 (c.66)
     5. In section 10 of the Defamation Act 1952 (limitation on privilege at elections), after "local government authority" there is inserted "to the Scottish Parliament".
 
 
Defamation Act (Northern Ireland) 1955 (c.11 (N.I.))
     6. In section 10(2) of the Defamation Act (Northern Ireland) 1955 (limitation on privilege at elections), after "Parliament of the United Kingdom" there is inserted "or to the Scottish Parliament".
 
 
European Communities Act 1972 (c. 68)
     7. - (1) The European Communities Act 1972 is amended as follows.
 
      (2) In section 2 (general implementation of Treaties)-
 
 
    (a) references to a statutory power or duty include a power or duty conferred by an Act of the Scottish Parliament or an instrument made under such an Act, and
 
    (b) references to an enactment include an enactment within the meaning of this Act.
      (3) Section 106 of this Act does not apply to the words from the beginning of section 2(3) to "such Community obligation".
 
      (4) In relation to regulations made by the Scottish Ministers, or an Order in Council made on the recommendation of the First Minister, under section 2-
 
 
    (a) in subsection (2), "designated" in the first sentence, and the second sentence, shall be disregarded,
 
    (b) "Act of Parliament" in subsection (4) shall be read as referring to an Act of the Scottish Parliament, and
 
    (c) paragraph 2(2) of Schedule 2 shall have effect as if the references to each, or either, House of Parliament were to the Scottish Parliament.
 
Interpretation Act 1978 (c. 30)
     8. - (1) The Interpretation Act 1978 is amended as follows.
 
      (2) In section 20 (references to other enactments), after subsection (2) there is inserted-
 
 
    "(3) In this section "enactment" includes an enactment comprised in an Act of the Scottish Parliament."
 
      (3) In section 21 (interpretation etc.), after subsection (1) there is inserted-
 
 
    "(1A) In sections 15 to 18, "Act" includes an Act of the Scottish Parliament.
 
      (1B) In the application of those sections to an Act which is not an Act of the Scottish Parliament-
 
 
    (a) "enactment" includes an enactment comprised in an Act of the Scottish Parliament, and
 
    (b) "subordinate legislation" includes an instrument made under an Act of the Scottish Parliament."
 
Mental Health Act 1983 (c.20)
     9. In section 141 of the Mental Health Act 1983, after subsection (7), there is added-
 
 
    "(8) This section also has effect in relation to members of the Scottish Parliament but as if-
 
 
    (a) any references to the House of Commons or the Speaker were references to the Scottish Parliament or (as the case may be) the Presiding Officer,
 
    (b) the words from "and thereupon" in subsection (6) to the end of the subsection were omitted, and
 
    (c) the reference in subsection (7) to sums defrayed out of moneys provided by Parliament were a reference to sums payable out of the Scottish Consolidated Fund."
 
National Audit Act 1983 (c. 44)
     10. Sections 6 and 7 of the National Audit Act 1983 (value for money studies) shall not apply in relation to-
 
 
    (a) the Scottish Administration or any part of it, or
 
    (b) any other person who only exercises functions in or as regards Scotland none of which relate to reserved matters.
 
Insolvency Act 1986 (c.45)
     11. In section 427(5) of the Insolvency Act 1986 (Parliamentary disqualification)-
 
 
    (a) after "Commons", where it first appears, there is inserted "or member of the Scottish Parliament",
 
    (b) the words "or, as the case may be, to" are omitted, and
 
    (c) after "Commons", where it appears for the second time, there is inserted "or, as the case may be, the Presiding Officer of the Scottish Parliament."
 
Public Order Act 1986 (c.64)
     12. In section 26(1) of the Public Order Act 1986 (savings for reports of parliamentary proceedings), after "Parliament" there is inserted "or in the Scottish Parliament".
 
 
Copyright, Designs and Patents Act 1988 (c. 48)
     13. - (1) The Copyright, Designs and Patents Act 1988 is amended as follows.
 
      (2) In section 12(9) (duration of copyright in literary, dramatic, musical or artistic works), for "166" there is substituted "166A".
 
      (3) In section 153(2) (qualification for copyright protection), for "166" there is substituted "166A".
 
      (4) In section 163(6) (Crown copyright), for "and 166" there is substituted "to 166A".
 
      (5) In section 164(1) (Crown copyright in Acts of Parliament etc.), after "Parliament" there is inserted "Act of the Scottish Parliament".
 
      (6) After section 166 there is inserted-
 
 
"Copyright in Bills of the Scottish Parliament.     166A. - (1) Copyright in every Bill introduced into the Scottish Parliament belongs to the Scottish Parliamentary Corporate Body.
 
    (2) Copyright under this section subsists from the time when the text of the Bill is handed in to the Parliament for introduction-
 
 
    (a) until the Bill receives Royal Assent, or
 
    (b) if the Bill does not receive Royal Assent, until it is withdrawn or rejected or no further parliamentary proceedings may be taken in respect of it .
      (3) References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright.
 
      (4) No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Parliament."
 
      (7) In section 178 (minor definitions), in the definition of "parliamentary proceedings", after "Assembly" there is inserted "of the Scottish Parliament".
 
      (8) In section 179 (index of defined expressions), in column 2 of the entry for "Parliamentary copyright", for "and 166(6)" there is substituted "166(6) and 166A(3)".
 
 
European Communities (Amendment) Act 1993 (c. 32)
     14. In section 6 of the European Communities (Amendment) Act 1993 (persons who may be proposed for membership of the Committee of the Regions), after "he is" there is inserted "a member of the Scottish Parliament".
 
 
Value Added Tax Act 1994 (c. 23)
     15. In section 41 of the Value Added Tax Act 1994 (application to the Crown), in subsection (6), after "includes" there is inserted "the Scottish Administration".
 
 
Requirements of Writing (Scotland) Act 1995 (c. 7)
     16. In section 12(1) of the Requirements of Writing (Scotland) Act 1995 (interpretation)-
 
 
    (a) in the definition of "Minister", after "1975" there is inserted "and also includes a member of the Scottish Executive", and
 
    (b) in paragraph (a) of the definition of "officer", after "Department" there is inserted "or, as the case may be, as a member of the staff of the Scottish Ministers or the Lord Advocate".
 
Criminal Procedure (Scotland) Act 1995 (c.46)
     17. After section 288 of the Criminal Procedure (Scotland) Act 1995 there is inserted- "Advocate General"
 
Rights of appeal for Advocate General: devolution issues.     288A. - (1) This section applies where-
 
 
    (a) a person is acquitted or convicted of a charge (whether on indictment or in summary proceedings), and
 
    (b) the Advocate General for Scotland was a party to the proceedings in pursuance of paragraph 6 of Schedule 6 to the Scotland Act 1998 (devolution issues).
      (2) The Advocate General for Scotland may refer any devolution issue which has arisen in the proceedings to the High Court for their opinion; and the Clerk of Justiciary shall send to the person acquitted or convicted and to any solicitor who acted for that person at the trial, a copy of the reference and intimation of the date fixed by the Court for a hearing.
 
      (3) The person may, not later than seven days before the date so fixed, intimate in writing to the Clerk of Justiciary and to the Advocate General for Scotland either-
 
 
    (a) that he elects to appear personally at the hearing, or
 
    (b) that he elects to be represented by counsel at the hearing,
  but, except by leave of the Court on cause shown, and without prejudice to his right to attend, he shall not appear or be represented at the hearing other than by and in conformity with an election under this subsection.
 
      (4) Where there is no intimation under subsection (3)(b), the High Court shall appoint counsel to act at the hearing as amicus curiae.
 
      (5) The costs of representation elected under subsection (3)(b) or of an appointment under subsection (4) shall, after being taxed by the Auditor of the Court of Session, be paid by the Advocate General for Scotland out of money provided by Parliament.
 
      (6) The opinion on the point referred under subsection (2) shall not affect the acquittal or (as the case may be) conviction in the trial.
 
      (7) In this section "devolution issue" has the same meaning as in Schedule 6 to the Scotland Act 1998.
 
 
Defamation Act 1996 (c.31)
     18. - (1) The Defamation Act 1996 is amended as follows.
 
      (2) In section 17(1) (interpretation), in the definition of "statutory provision" after "1978", there is inserted-
 
 
    "(aa) a provision contained in an Act of the Scottish Parliament or in an instrument made under such an Act,"
      (3) In paragraph 11(1)(c) of Schedule 1 (qualified privilege), after "Minister of the Crown" there is inserted "a member of the Scottish Executive".
 
 
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© Parliamentary copyright 1997
Prepared 18 December 1997