Scotland Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Scotland Bill

Scotland Bill
Part 1 — The Parliament and its powers
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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).
(2)
Schedule 1 contains—
(a)
amendments reproducing the effect of the modifications contained in
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Schedule 2 to the Scottish Parliament (Constituencies) Act 2004, and
(b)
other minor amendments of Schedule 1 to the 1998 Act.
Legislative competence
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Continued effect of provisions where legislative competence conferred for
limited period
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In section 30 of the 1998 Act (legislative competence: supplementary) after
subsection (4) insert—
“(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
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(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.
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(7)
Subsections (5) and (6) do not limit section 113(4) or (5).”
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Air weapons
In Part 2 of Schedule 5 to the 1998 Act, in Section B4 (specific reservations:
firearms) at the end insert—
“Exception
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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
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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
prohibited)).”
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Insolvency
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(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
proceedings,”.

Scotland Bill
Part 1 — The Parliament and its powers
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(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,
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(b)
the effect of winding up on diligence, and
(c)
avoidance and adjustment of prior transactions on winding
up.”
(4)
In the Exceptions omit—
(a)
the first paragraph (process, effect on diligence, and prior transactions),
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and
(b)
the second paragraph (social landlords).
(5)
Schedule 2 makes amendments in connection with the reservation of formerly
devolved insolvency matters.
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Regulation of the health professions
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(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
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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
Council)—
(a)
after subsection (3)(a) insert—
“(aa)
approving regulations under section 36A(2)
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(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
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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
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annulment in pursuance of a resolution of either House of Parliament”;
(b)
omit paragraph (3A).
(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
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and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), omit paragraph
11(b) of Schedule 1 (amendments to Dentists Act 1984).

Scotland Bill
Part 2 — Ministers and their powers
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Antarctica
(1)
In Part 2 of Schedule 5 to the 1998 Act, under Head L (miscellaneous) at the end
insert—
“L7. Antarctica
Regulation of activities in Antarctica.
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Interpretation
“Antarctica” has the meaning given by section 1 of the Antarctic Act
1994.”
(2)
The provision inserted by subsection (1) is to be regarded as having been
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included in Schedule 5 to the 1998 Act since the day on which that Schedule
came into force.
Part 2
Ministers and their powers
The Scottish Ministers
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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
Government”;
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(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
section 6 of this Act).
(4)
Unless the context requires otherwise, any reference to the Scottish Executive
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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.
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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
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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
repealed.
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(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)
is revoked.
(5)
Subsections (1) to (4) above do not apply to any proceedings brought before
this section comes into force.
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Scotland Bill
Part 2 — Ministers and their powers
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(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
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Convention rights.
(3B)
Proceedings to which this subsection applies must be brought before
the end of—
(a)
the period of one year beginning with the date on which the act
complained of took place, or
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(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
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Advocate, the Advocate General, the Attorney General, the Attorney
General for Northern Ireland or the Advocate General for Northern
Ireland.
(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
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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
(3D),”.
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(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).
Executive competence
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BBC Trust member for Scotland
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In the 1998 Act, after section 90 insert—
“The BBC
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
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appointment by which—
(a)
a person is to become a member of the BBC Trust and hold a
Scottish post, or
(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
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specific reference to Scotland.”