|
| |
|
9 | Constituencies, regions and regional members |
| |
(1) | In the Scottish Parliament (Constituencies) Act 2004, omit section 1(2) and (3) |
| |
and Schedule 2 (modification of Schedule 1 to the 1998 Act). |
| |
| |
(a) | amendments reproducing the effect of the modifications contained in |
| 5 |
Schedule 2 to the Scottish Parliament (Constituencies) Act 2004, and |
| |
(b) | other minor amendments of Schedule 1 to the 1998 Act. |
| |
| |
10 | Continued effect of provisions where legislative competence conferred for |
| |
| 10 |
| In section 30 of the 1998 Act (legislative competence: supplementary) after |
| |
| |
“(5) | Subsection (6) applies where an Order in Council under this section— |
| |
(a) | makes any modification of Schedule 4 or 5, and |
| |
(b) | also provides for that modification to cease to have effect |
| 15 |
(whether on a specified date or otherwise). |
| |
(6) | The Order may provide that any provision of an Act of the Scottish |
| |
Parliament which will be within the legislative competence of the |
| |
Parliament by virtue of the modification is to continue to have effect |
| |
after the modification ceases to have effect. |
| 20 |
(7) | Subsections (5) and (6) do not limit section 113(4) or (5).” |
| |
| |
In Part 2 of Schedule 5 to the 1998 Act, in Section B4 (specific reservations: |
| |
firearms) at the end insert— |
| |
| 25 |
The regulation of air weapons within the meaning given by section 1(3)(b) |
| |
of the Firearms Act 1968 (which is subject to the following which |
| |
remain powers of the Secretary of State— |
| |
(a) | the power to make rules under section 53 of that Act for the |
| |
purposes of that provision (specially dangerous weapons |
| 30 |
requiring firearms certificate), and |
| |
(b) | the power to make an order under section 1(4) of the Firearms |
| |
(Amendment) Act 1988 (specially dangerous weapons to be |
| |
| |
| 35 |
(1) | In Part 2 of Schedule 5 to the 1998 Act, Section C2 (specific reservations: |
| |
insolvency) is amended as follows. |
| |
(2) | In the first paragraph, in sub-paragraph (c) omit “other than the power to sist |
| |
| |
|
| |
|
| |
|
(3) | After that paragraph insert— |
| |
“Those matters include the following formerly excepted matters— |
| |
(a) | the process of winding up, including the person having |
| |
responsibility for the conduct of a winding up or any part of |
| |
it, and that person’s conduct of it or of that part, |
| 5 |
(b) | the effect of winding up on diligence, and |
| |
(c) | avoidance and adjustment of prior transactions on winding |
| |
| |
(4) | In the Exceptions omit— |
| |
(a) | the first paragraph (process, effect on diligence, and prior transactions), |
| 10 |
| |
(b) | the second paragraph (social landlords). |
| |
(5) | Schedule 2 makes amendments in connection with the reservation of formerly |
| |
devolved insolvency matters. |
| |
13 | Regulation of the health professions |
| 15 |
(1) | In Part 2 of Schedule 5 to the 1998 Act, Section G2 (specific reservations: health |
| |
professions) is amended as follows. |
| |
(2) | In the definition of “The health professions”, after paragraph (i) insert— |
| |
| “and any other profession concerned (wholly or partly) with the |
| |
physical or mental health of individuals, except any profession |
| 20 |
regulated by the Regulation of Care (Scotland) Act 2001 (asp 8).” |
| |
(3) | In section 51 of the Dentists Act 1984 (exercise of powers conferred on Privy |
| |
| |
(a) | after subsection (3)(a) insert— |
| |
“(aa) | approving regulations under section 36A(2) |
| 25 |
(professions complementary to dentistry), |
| |
(ab) | approving rules under section 36L (insurance),”; |
| |
(b) | in subsection (3)(d), after “dental care professionals)” insert “, including |
| |
rules made under that Schedule as applied (with modifications) by |
| |
paragraph 4(7) of Schedule 4A (registration appeals: dental care |
| 30 |
professionals register)”; |
| |
(c) | omit subsections (4) and (5). |
| |
(4) | In article 42 of the Health Professions Order 2001 (S.I. 2002/254) (exercise of |
| |
power by the Privy Council)— |
| |
(a) | in paragraph (3), for the words after “shall” substitute “be subject to |
| 35 |
annulment in pursuance of a resolution of either House of Parliament”; |
| |
| |
(5) | In article 70 of the Pharmacy Order 2010 (S.I. 2010/231) (Privy Council |
| |
procedures etc), in paragraphs (2) and (3), omit “or of the Scottish Parliament”. |
| |
(6) | In the Health Care and Associated Professions (Miscellaneous Amendments |
| 40 |
and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), omit paragraph |
| |
11(b) of Schedule 1 (amendments to Dentists Act 1984). |
| |
|
| |
|
| |
|
| |
(1) | In Part 2 of Schedule 5 to the 1998 Act, under Head L (miscellaneous) at the end |
| |
| |
| |
Regulation of activities in Antarctica. |
| 5 |
| |
| |
“Antarctica” has the meaning given by section 1 of the Antarctic Act |
| |
| |
(2) | The provision inserted by subsection (1) is to be regarded as having been |
| 10 |
included in Schedule 5 to the 1998 Act since the day on which that Schedule |
| |
| |
| |
Ministers and their powers |
| |
| 15 |
15 | The Scottish Government |
| |
(1) | The Scottish Executive is renamed the Scottish Government. |
| |
(2) | Accordingly, in the 1998 Act— |
| |
(a) | for “the Scottish Executive” in each place substitute “the Scottish |
| |
| 20 |
(b) | in the heading to section 81 and the italic cross-heading preceding it, for |
| |
“Executive” substitute “Government”. |
| |
(3) | Subsection (2) does not apply to section 31(1) of the 1998 Act (as to which, see |
| |
| |
(4) | Unless the context requires otherwise, any reference to the Scottish Executive |
| 25 |
in any enactment, instrument or other document made before the date on |
| |
which this section comes into force (except the enactments mentioned in |
| |
subsections (2) and (3)) is to be read as a reference to the Scottish Government. |
| |
16 | Time limit for human rights actions against Scottish Ministers etc |
| |
(1) | In section 100 of the 1998 Act the following (as inserted by the Convention |
| 30 |
Rights Proceedings (Amendment) (Scotland) Act 2009 (asp 11)) are omitted— |
| |
(a) | subsections (3A) to (3E); |
| |
(b) | in subsection (4), the words “Subject to subsection (3D),”. |
| |
(2) | The Convention Rights Proceedings (Amendment) (Scotland) Act 2009 is |
| |
| 35 |
(3) | Omit paragraph 4A of Schedule 4 to the 1998 Act. |
| |
(4) | The Scotland Act 1998 (Modification of Schedule 4) Order 2009 (S.I. 2009/1380) |
| |
| |
(5) | Subsections (1) to (4) above do not apply to any proceedings brought before |
| |
this section comes into force. |
| 40 |
|
| |
|
| |
|
(6) | After subsection (3) of section 100 of the 1998 Act insert— |
| |
“(3A) | Subsection (3B) applies to any proceedings brought by virtue of this Act |
| |
against the Scottish Ministers or a member of the Scottish Government |
| |
in a court or tribunal on the ground that an act of the Scottish Ministers |
| |
or a member of the Scottish Government is incompatible with the |
| 5 |
| |
(3B) | Proceedings to which this subsection applies must be brought before |
| |
| |
(a) | the period of one year beginning with the date on which the act |
| |
complained of took place, or |
| 10 |
(b) | such longer period as the court or tribunal considers equitable |
| |
having regard to all the circumstances, |
| |
| but that is subject to any rule imposing a stricter time limit in relation |
| |
to the procedure in question. |
| |
(3C) | Subsection (3B) does not apply to proceedings brought by the Lord |
| 15 |
Advocate, the Advocate General, the Attorney General, the Attorney |
| |
General for Northern Ireland or the Advocate General for Northern |
| |
| |
(3D) | In subsections (3A) and (3B) “act” does not include the making of any |
| |
legislation but it does include any other act or failure to act (including |
| 20 |
a failure to make legislation). |
| |
(3E) | In subsection (3B) “rule” has the same meaning as it has in section 7(5) |
| |
of the Human Rights Act 1998.” |
| |
(7) | In subsection (4) of that section at the beginning insert “Subject to subsection |
| |
| 25 |
(8) | Subsections (6) and (7) above apply to any proceedings brought after this |
| |
section comes into force (including proceedings in respect of an act taking |
| |
place before this section comes into force). |
| |
| |
17 | BBC Trust member for Scotland |
| 30 |
In the 1998 Act, after section 90 insert— |
| |
| |
90A | BBC Trust member for Scotland |
| |
(1) | A Minister of the Crown must not exercise without the agreement of |
| |
the Scottish Ministers functions relating to selection for a particular |
| 35 |
| |
(a) | a person is to become a member of the BBC Trust and hold a |
| |
| |
(b) | an existing member of the Trust is to hold a Scottish post. |
| |
(2) | “Scottish post” means a position, held as a member of the Trust, with |
| 40 |
specific reference to Scotland.” |
| |
|
| |
|