Delegated Powers and Deregulation - Twenty-Fourth Report

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Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords to be printed 24 June 1998.

CONTENTS

REPORT

SCOTLAND BILL

Introduction

The power to create new delegated powers

Powers delegated to Scottish Ministers by the Bill

(i) Existing powers

(ii) New powers

"Open powers"

Retrospective powers

Henry VIII clauses

Recommendation

APPENDIX

ANNEX

SCOTLAND BILL

Memorandum by the Scottish Office

Outline and Scope of the Bill

Structure of the Bill

General

Scottish Parliament

Subordinate legislation made by Scottish Ministers

Proposals for Subordinate Legislation under the Bill

(b)  Clause 101

Clause 102

Clause 103

POWERS TO MAKE SUBORDINATE LEGISLATION

Clause 2(1) : Power to specify the date of first ordinary general election and date, time and place of the first meeting of the Parliament

Clause 11(1) : Power to make provision for the conduct of elections

Clause 11(6) : Power to designate regional returning officers

Clause 14(1)(d) and (2) : Power to disqualify office-holders from membership of the Parliament

Clause 17(5) : Power to alter the maximum amount of caution in judicial proceedings as to disqualification

Clause 29 : Power to modify Schedule 5 (Reserved Matters)

Clause 33 : Power to prohibit the submission of a Bill for Royal Assent in certain circumstances

Clause 36 : Power to make provision as to the form etc. of Letters Patent and royal proclamations

Clause 54(1) : Power to prohibit action incompatible with international obligations

Clause 54(2) : Power to require action to give effect to international obligations

Clause 54(4) : Power to revoke subordinate legislation in certain circumstances

Clause 56 : Power to transfer property etc. to the Scottish Ministers

Clause 58 : Power to transfer property etc. to the Lord Advocate

Clause 59 : Power to transfer functions to the Scottish Ministers

Clause 60 : Power to transfer property etc. in connection with functions transferred under clause 59.

Clause 61(5) : Power to designate receipts payable into the Scottish Consolidated Fund

Clause 64(3) : Power to increase maximum sum which may be lent to Scottish Ministers

Clause 75(1) : Power to make provision in consequence of tax-varying power

Clause 75(2) : Power to provide for exclusion of tax-varying power in respect of particular enactments

Clause 75(3) : Power to provide for effect of tax-varying resolution on the operation of PAYE

Clause 83 : Power to specify an authority as a cross-border public authority

Clause 84 : Power to adapt etc cross-border public authorities

Clause 85 : Power to transfer property etc. of cross-border public authorities

Clause 92 : Power to remedy ultra vires acts

Clause 94(3)(a) : Power to confer powers on the Judicial Committee of the Privy Council in relation to devolution proceedings

Clause 94(3)(b) : Power to apply the Judicial Committee Act 1833 in relation to devolution proceedings

Clause 94(3)(c) : Power to make rules for regulating procedure for the Judicial Committee of the Privy Council in relation to devolution proceedings

Clause 95 : Power to make provision consequential on Acts of the Scottish Parliament

Clause 96 : Power to make provision consequential on the Scotland Act

Clause 97 : Power to adapt certain Ministerial and other functions

Clause 98 : Agreed redistribution of transferred functions

Clause 99(1) : Power to treat individuals as Scottish taxpayers for social security purposes

Clause 99(2): Power to determine the basic rate of tax for social security purposes

Clause 100 : Power to regulate Tweed and Esk fisheries

Clause 104(2) : Transfer of property - supplementary

Clause 104(9) : Power to determine disputes over compensation relating to transfer of property

Clause 112(2) : Power to determine the boundary of Scottish adjacent waters

Clause 112(8) : Variation of Definition of Scottish Administration

Clause 115(1) : Power to commence provisions of the Scotland Act

Clause 115(3) : Transitory and Transitional Provisions

Schedule 2, paragraph 2 : Power to transfer property etc. to the Scottish Parliamentary Corporate Body

Schedule 2, paragraph 7 : Power to provide for the Scottish Parliamentary Corporate Body to be treated as a Crown body

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