House of Commons

Session 1997-98 Internet Publications Other Bills before Parliament

Scotland Bill This is the text of the Scotland Bill, as presented to the House of Commons on 17 December 1997.
	EXPLANATORY AND FINANCIAL MEMORANDUM
	Scotland Bill
	ARRANGEMENT OF CLAUSES PART I THE SCOTTISH PARLIAMENT The Scottish Parliament Clause   1. The Scottish Parliament. General elections 2. Ordinary general elections. 3. Extraordinary general elections. 4. Candidates. 5. Poll for regional members. 6. Calculation of regional figures. 7. Allocation of seats to regional members. Vacancies 8. Constituency vacancies. 9. Regional vacancies. Franchise and conduct of elections 10. Electors. 11. Power to make provision about elections. Duration of membership 12. Term of office of members. 13. Resignation of members. Disqualification 14. Disqualification from membership of the Parliament. 15. Exceptions and relief from disqualification. 16. Effect of disqualification. 17. Judicial proceedings as to disqualification. Presiding Officer and administration 18. Presiding Officer. 19. Clerk of the Parliament. 20. Scottish Parliamentary Corporate Body. Proceedings etc. 21. Standing orders. 22. Members' interests. 23. Power to call for witnesses and documents. 24. Witnesses and documents: offences. 25. Witnesses and documents: general. 26. Participation of the Scottish Law Officers. Legislation 27. Acts of the Scottish Parliament. 28. Legislative competence. 29. Reserved matters. 30. Scrutiny of Bills by the Scottish Executive. 31. Scrutiny of Bills by the Presiding Officer. 32. Scrutiny of Bills by the Judicial Committee. 33. Power to intervene in certain cases. 34. Stages of Bills. Miscellaneous 35. Acts of Union. 36. Letters Patent and proclamations. 37. Defamatory statements. 38. Contempt of court. 39. Corrupt practices. 40. Calculating time for meeting of the Parliament. PART II THE SCOTTISH ADMINISTRATION The Scottish Administration 41. The Scottish Executive. 42. The First Minister. 43. Choice of the First Minister. 44. Ministers. 45. The Scottish Law Officers. 46. Junior Scottish Ministers. 47. The Civil Service. Ministerial functions 48. Exercise of functions. 49. General transfer of functions. 50. Scope of powers to make subordinate legislation, etc. 51. Functions exercisable with agreement. 52. Shared powers. 53. Community law and Convention rights. 54. Power to prevent or require action. Property and liabilities 55. Property and liabilities of the Scottish Ministers. 56. Transfers to the Scottish Ministers. 57. Property and liabilities of the Lord Advocate and the First Minister. 58. Transfers to the Lord Advocate. Transfer of additional functions 59. Power to transfer functions. 60. Transfers of property and liabilities in connection with functions. PART III FINANCIAL PROVISIONS 61. Scottish Consolidated Fund. 62. Payments out of the Fund. 63. Borrowing by the Scottish Ministers, etc. 64. Lending by the Secretary of State. 65. Borrowing by public bodies. 66. Financial control, accounts and audit. 67. Existing debt. 68. Accounts of loans to the Scottish Ministers. PART IV THE TAX-VARYING POWER 69. Power to fix basic rate for Scottish taxpayers. 70. Supplemental provision with respect to resolutions. 71. Scottish taxpayers. 72. Changes to income tax structure. 73. Accounting for additional Scottish tax. 74. Effect of tax reduction for Scottish taxpayers. 75. Supplemental powers to modify enactments. PART V MISCELLANEOUS AND GENERAL Remuneration of members of the Parliament and Executive 76. Remuneration of members of the Parliament and Executive. 77. Limits on salaries of members of the Parliament. 78. Remuneration: supplementary. Other provision about members of the Parliament etc. 79. Oaths. 80. Exemption from jury service. Arrangements at Westminster 81. Scottish representation at Westminster. 82. The Advocate General for Scotland. Cross-border public bodies 83. Cross-border public bodies: initial status. 84. Power to adapt cross-border public bodies. 85. Power to transfer property of cross-border public bodies. Miscellaneous 86. Maladministration. 87. Agency arrangements. 88. Private legislation. 89. Appointment and removal of judges. 90. Provision of information to the Treasury. Judicial scrutiny 91. Devolution issues. 92. Legislative power to remedy ultra vires acts. 93. Powers of courts or tribunals to vary retrospective decisions. 94. The Judicial Committee. Supplementary powers 95. Power to make provision consequential on Acts of the Scottish Parliament. 96. Power to make provision consequential on this Act. 97. Power to adapt certain Ministerial and other functions. 98. Scottish taxpayers for social security etc. purposes. 99. Regulation of Tweed and Esk fisheries. PART VI SUPPLEMENTARY Subordinate legislation 100. Subordinate legislation: general. 101. Subordinate legislation: procedure. 102. Subordinate legislation under open powers. 103. Transfer of property: supplementary. General modification of enactments 104. Ministers of the Crown. 105. Subordinate instruments. 106. Consolidated Fund, etc. 107. Requirements to lay reports etc. before Parliament. 108. Crown land. 109. Stamp duty. Amendments, repeals etc. 110. Amendments, repeals, etc. Final provisions 111. Interpretation. 112. Index of defined expressions. 113. Expenses. 114. Commencement. 115. Extent. 116. Short title.   SCHEDULES:     SCHEDULE 1 - Constituencies, regions and regional members.     SCHEDULE 2 - Scottish Parliamentary Corporate Body.     SCHEDULE 3 - Standing orders - further provision.     SCHEDULE 4 - Provisions of Act not protected from modification.     SCHEDULE 5 - Reserved matters.     Part I - General reservations.     Part II - Specific reservations.     Part III - Interpretation.     SCHEDULE 6 - Devolution issues.     Part I - Preliminary.     Part II - Proceedings in Scotland.     Part III - Proceedings in England and Wales.     Part IV - Proceedings in Northern Ireland.     Part V - General.     SCHEDULE 7 - Modifications of enactments.     SCHEDULE 8 - Repeals.

© Parliamentary copyright 1997

Prepared 18 December 1997