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| Consolidated Fund, etc. |
106. - (1) In this section-
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"Scottish functions" means functions so far as they are exercisable in or as regards Scotland by any person (other than a Minister of the Crown by virtue of section 52 or 53), |
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but does not include functions relating to reserved matters.
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(2) Subject to subsections (3) and (4), a provision of a pre-commencement enactment which-
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(a) requires or authorises the payment of any sum out of the Consolidated Fund or money provided by Parliament, or |
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(b) requires or authorises the payment of any sum into the Consolidated Fund, |
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shall cease to have effect in relation to any Scottish functions.
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(3) A provision of a pre-commencement enactment which-
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(a) charges any sum on the Consolidated Fund, |
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(b) requires the payment of any sum out of the Consolidated Fund without further appropriation, or |
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(c) requires or authorises the payment of any sum into the Consolidated Fund by a person other than a Minister of the Crown, |
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shall have effect in relation to any Scottish functions as if it provided for the sum to be charged on the Scottish Consolidated Fund or required it to be paid out of that Fund without further approval or required or authorised it to be paid into that Fund (as the case may be).
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(4) A provision of a pre-commencement enactment which authorises any sums to be applied as money provided by Parliament instead of being paid into the Consolidated Fund shall have effect in relation to any Scottish functions as if it authorised those sums to be applied as if they had been paid out of the Scottish Consolidated Fund in accordance with rules under section 62(1)(c) instead of being paid into that Fund.
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(5) Where a power to lend money under a pre-commencement enactment is exercisable by the Scottish Ministers, subsection (6) applies to any sums which, for the purpose or as the result of the exercise of the power, would be required (apart from that subsection)-
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(a) to be issued by the Treasury out of the National Loans Fund, or |
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(b) to be paid into that Fund. |
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(6) Those sums shall instead-
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(a) be paid out of the Scottish Consolidated Fund without further approval, or |
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(b) be paid into that Fund, |
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(as the case may be).
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(7) A provision of a pre-commencement enactment which-
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(a) requires any account to be examined, certified and reported on by, or to be open to the inspection of, the Comptroller and Auditor General, or |
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(b) requires him to have access to any other document for carrying out any such examination, |
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shall have effect in relation to any Scottish functions as if the references to the Comptroller and Auditor General were to the persons exercising the functions mentioned in section 66(2).
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| Requirements to lay reports etc. before Parliament. |
107. - (1) This section applies where-
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(a) a pre-commencement enactment makes provision for any report to be laid before Parliament or either House of Parliament, and |
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(b) the report concerns Scottish functions. |
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(2) If the report only concerns Scottish functions, it shall be laid instead before the Scottish Parliament.
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(3) In any other case, it shall be laid before the Scottish Parliament as well as before Parliament or (as the case may be) either House of Parliament.
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(4) In this section-
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"report" includes accounts and any statement, and |
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"Scottish functions" has the same meaning as in section 106. |
| Crown land. |
108. - (1) In any provision about the application of any pre-commencement enactment to Crown land-
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(a) references to a Minister of the Crown or government department shall be read as including the Scottish Ministers and the Lord Advocate, and |
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(b) references to a Minister of the Crown or government department having the management of the land shall be read as including any member of the Scottish Executive having the management of the land. |
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(2) In this section, "Crown land" has the meaning given by section 242 of the Town and Country Planning (Scotland) Act 1997.
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| Stamp duty. |
109. In section 55 of the Finance Act 1987 (Crown exemption from stamp duty) references to a Minister of the Crown shall be read as including the Scottish Ministers, the Lord Advocate and the Parliamentary corporation.
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Amendments, repeals etc. |
| Amendments, repeals, etc. |
110. - (1) Schedule 7 (which makes modifications of enactments) shall have effect.
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(2) The enactments mentioned in Schedule 8 are repealed to the extent specified in that Schedule.
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Final provisions |
| Interpretation. |
111. - (1) In this Act-
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"body" includes unincorporated association, |
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"constituencies" and "regions", in relation to the Parliament, mean the constituencies and regions provided for by Schedule 1, |
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"constituency member" means a member of the Parliament for a constituency, |
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"the Convention rights" has the same meaning as in the Human Rights Act 1998, |
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"document" means anything in which information is recorded in any form (and references to producing a document are to be read accordingly), |
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"enactment" includes an Act of the Scottish Parliament, an enactment of the Parliament of Northern Ireland, a Measure of the Northern Ireland Assembly, an Order in Council under section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972 or paragraph 1 of Schedule 1 to the Northern Ireland Act 1974, a Royal Warrant and an enactment comprised in subordinate legislation, |
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"financial year" means a year ending with 31st March, |
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"functions" includes powers and duties, and "confer", in relation to functions, includes impose, |
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"the Human Rights Convention" means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom, |
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"Minister of the Crown" includes the Treasury, |
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"modify" includes amend or repeal, |
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"the Parliament" means the Scottish Parliament, |
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"parliamentary", in relation to constituencies, elections and electors, is to be taken to refer to the Parliament of the United Kingdom, |
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"the principal appointed day" means the day appointed by an order under section 114 which is designated by the order as the principal appointed day, |
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"proceedings", in relation to the Parliament, includes proceedings of any committee or sub-committee, |
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"property" includes rights and interests of any description, |
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"regional member" means a member of the Parliament for a region, |
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"Scotland" includes so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Scotland, |
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"statutory functions" means functions conferred by virtue of any enactment, including this Act, |
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"subordinate legislation" has the same meaning as in the Interpretation Act 1978 and also includes an instrument made under an Act of the Scottish Parliament. |
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(2) Her Majesty may by Order in Council determine, or make provision for determining, for the purposes of this Act any boundary between waters which are to be treated as internal waters or territorial sea of the United Kingdom adjacent to Scotland and those which are not.
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(3) References in this Act to Scots private law are to the following areas of the civil law of Scotland-
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(a) the law of persons (including natural persons, legal persons and unincorporated bodies), |
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(b) the law of obligations (including voluntary and conventional obligations, obligations of restitution and obligations of reparation), |
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(c) the law of property (including heritable and moveable property, trusts and succession), and |
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(d) the law of actions (including remedies, evidence, procedure, diligence, recognition and enforcement of court orders, prescription and limitation and arbitration). |
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(4) References in this Act to Scots criminal law include criminal offences, evidence, procedure and penalties and the treatment of offenders.
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(5) References in this Act and in any other enactment to the Scottish Administration include references to the Registrar General of Births, Deaths and Marriages for Scotland, the Keeper of the Registers of Scotland and the Keeper of the Records of Scotland.
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(6) In this Act-
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(a) all those rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Community Treaties, and |
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(b) all those remedies and procedures from time to time provided for by or under the Community Treaties, |
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are referred to as "Community law".
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(7) In this Act, "international obligations" means any international obligations of the United Kingdom other than obligations-
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(a) under Community law, or |
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(b) not to do acts incompatible with any of the Convention rights. |
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(8) In this Act, "by virtue of" includes "by" and "under".
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| Index of defined expressions. |
112. In this Act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.
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Expression |
Provision of this Act |
Act of the Scottish Parliament |
Section 27(1) |
Advocate General |
Section 31(6) |
Body |
Section 111(1) |
By virtue of |
Section 111(8) |
Clerk, and Assistant Clerk |
Section 19 and paragraph 3 of Schedule 2 |
Community law |
Section 111(6) |
Constituencies and constituency member |
Section 111(1) |
The Convention rights |
Section 111(1) |
Cross-border public body |
Section 83(5) |
Devolved matters |
Section 29(4) |
Document |
Section 111(1) |
Enactment |
Section 111(1) |
Financial year |
Section 111(1) |
Functions |
Section 111(1) |
The Human Rights Convention |
Section 111(1) |
International obligations |
Section 111(7) |
Judicial Committee |
Section 31(6) |
Legislative competence |
Section 28 |
Minister of the Crown |
Section 111(1) |
Modify |
Section 111(1) |
The Parliament |
Section 111(1) |
"parliamentary" (in relation to constituencies, elections and electors) |
Section 111(1) |
The Parliamentary corporation |
Section 20(1) |
Pre-commencement enactment |
Section 49(3) |
Presiding Officer |
Section 18 |
Principal appointed day |
Section 111(1) |
Proceedings |
Section 111(1) |
Property |
Section 111(1) |
Regional list (in relation to a party) |
Section 4(4) |
Regional returning officer |
Section 11(5) |
Regional vote |
Section 5(2) |
Regions and regional member |
Section 111(1) |
Registered political party |
Section 4(8) |
Reserved matters |
Schedule 5 |
Retained functions (in relation to the Lord Advocate) |
Section 48(6) |
Scotland |
Section 111(1) and (2) |
Scots criminal law |
Section 111(4) |
Scots private law |
Section 111(3) |
Scottish Administration |
Section 111(5) |
Scottish Ministers |
Section 41(2) |
Scottish Seal |
Section 2(6) |
Staff of the Parliament |
Paragraph 3 of Schedule 2 |
Statutory functions |
Section 111(1) |
Subordinate legislation |
Section 111(1) |
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| Expenses. |
113. - (1) There shall be paid out of money provided by Parliament-
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(a) any expenditure incurred by a Minister of the Crown by virtue of this Act, and |
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(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment. |
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(2) There shall be paid into the Consolidated Fund any sums received by a Minister of the Crown by virtue of this Act which are not payable into the National Loans Fund.
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| Commencement. |
114. - (1) Parts I to V and sections 104 to 110 shall come into force on such day as the Secretary of State may by order appoint.
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(2) Different days may be appointed under this section for different purposes.
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| Extent. |
115. Section 24 extends only to Scotland.
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| Short title. |
116. This Act may be cited as the Scotland Act 1998.
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