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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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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.
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(2) Rule 1(2) (Scotland to have not less than 71 constituencies) is omitted.
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(3) After rule 3 there is inserted-
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" 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";
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and in rule 4, for "3" there is substituted "3A". |
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(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.
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(5) Paragraph 7 (Commissions do not have to give full effect to all rules), after "rules" there is inserted "(except rule 3A)".
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| 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-
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" Advocate General for Scotland". |
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(2) The validity of anything done in relation to the Advocate General is not affected by a vacancy in that office.
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(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.
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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.
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(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-
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(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 |
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(b) whose exercise might otherwise affect devolved matters concerning Scotland. |
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(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.
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(4) Subsections (2) and (3) are subject to any subordinate legislation made under section 84.
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(5) In this Act "cross-border public body" means any body or tribunal-
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(a) established by an enactment, and |
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(b) specified in subordinate legislation under this section, |
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which, in addition to other functions, has functions exercisable in or as regards Scotland which do not relate to reserved matters.
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(6) In this section "report" includes accounts and any statement.
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| Power to adapt cross-border public bodies. |
84. - (1) Subordinate legislation may make provision in relation to a cross-border public body-
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(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, |
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(b) requiring or authorising the appointment of additional members, |
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(c) apportioning any assets or liabilities, |
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(d) imposing, or enabling the imposition of, any limits or other restrictions in addition to or in substitution for existing limits or restrictions, |
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(e) 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), |
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(f) requiring payments, with or without interest, to a Minister of the Crown or into the Consolidated Fund or National Loans Fund. |
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(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.
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(3) No subordinate legislation shall be made under this section unless the cross-border public body concerned has been consulted.
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| 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.
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(2) Subordinate legislation may provide-
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(a) for the transfer of any property to which this section applies, or |
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(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). |
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(3) This section applies to property belonging to the cross-border public body concerned which appears to the person making the legislation-
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(a) to be held or used wholly or partly for or in connection with the exercise of any of the functions concerned, or |
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(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. |
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(4) Subordinate legislation may provide for the transfer of any liabilities-
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(a) to which the cross-border public body concerned is subject, and |
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(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. |
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(5) No subordinate legislation shall be made under this section unless the cross-border public body concerned has been consulted.
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