Scotland Bill - continued        House of Commons

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SCHEDULE 4
 
  PROVISIONS OF ACT NOT PROTECTED FROM MODIFICATION
     1. Section 28(2)(b) does not prevent an Act of the Scottish Parliament modifying sections 20(5) and (6) and 23(9).
 
     2. - (1) Section 28(2)(b) does not prevent an Act of the Scottish Parliament modifying any enactment so far as the enactment is modified by-
 
 
    (a) sections 88 and 104 to 108, or
 
    (b) the following paragraphs of Schedule 7: 5, 6, 8 and 16 to 18.
      (2) Sub-paragraph (1) does not apply to section 106(3), as it has effect in relation to any provision of an Act of Parliament relating to judicial salaries, or to section 106(6).
 
     3. - (1) Section 28(2)(b) does not prevent an Act of the Scottish Parliament modifying any provision of this Act (other than section 106) which-
 
 
    (a) charges any sum on the Scottish Consolidated Fund,
 
    (b) requires any sum to be paid out of that Fund without further approval, or
 
    (c) requires or authorises the payment of any sum into that Fund.
      (2) Sub-paragraph (1) does not apply to sections 61(7), 63(2), 67(5), 73 and 74.
 
     4. Section 28(2)(b) does not prevent an Act of the Scottish Parliament-
 
 
    (a) establishing a new fund, in addition to the Scottish Consolidated Fund, out of which loans may be made by the Scottish Ministers, and
 
    (b) making any amendments of Part III which are necessary or expedient for the purpose or in consequence of the establishment of the new fund.
     5. - (1) Section 28(2)(b) does not prevent an Act of the Scottish Parliament modifying any reference in this Act mentioned in sub-paragraph (2) if such a modification is otherwise within the legislative competence of the Parliament.
 
      (2) Those references are the references to-
 
 
    the Court of Session,
 
    the High Court of Justiciary,
 
    the Lands Tribunal for Scotland,
 
    the Scottish Land Court,
 
    sheriffs principal and sheriffs,
 
    procurators fiscal,
 
    the Keeper of the Registers of Scotland,
 
    the Keeper of the Records of Scotland,
 
    the Registrar General of Births, Deaths and Marriages for Scotland,
 
    the Register of Sasines,
 
    the Land Register of Scotland,
 
    local government elections and registers of local government electors, and
 
    the enactments mentioned in sections 37(2), 38(2), 80(2) and 99(2) and paragraph 6(5) of Schedule 1.
 
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