Scotland Act 1998
1998 c. 46 · Enacted 19 November 1998 · Extends to United Kingdom
C1C2C3C4C5C6C7C8C9C10C11C12C13C14An Act to provide for the establishment of a Scottish Parliament and Administration and other changes in the government of Scotland; to provide for changes in the constitution and functions of certain public authorities; to provide for the variation of the basic rate of income tax in relation to income of Scottish taxpayers in accordance with a resolution of the Scottish Parliament; to amend the law about parliamentary constituencies in Scotland; and for connected purposes.
[19th November 1998]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C15C16C17C18C19C20C21C22C23
Annotations to the whole text
Modifications
- C1
- C2
Act extended (16.10.2000) by 1999 c. 18, s. 16(2); S.I. 2000/2821, art. 2
- C3
Act extended (27.7.1999) by 1999 c. 23, s. 68(2)
- C4
Act extended (1.4.2000) by 1999 c. 28, s. 18(2) (with s. 38)
Act extended (1.4.2000) by 1999 c. 28, s. 35(1) (with s. 38); S.I. 2000/1066, art. 2
- C5
Act amended (11.11.1999) by 1999 c. 30, s. 91(4)
- C6
- C7
Act modified (27.7.1999) by 1999 c. 22, s. 109(7) (with s. 107, Sch. 14 para. 7(2))
- C8
Act modified (27.7.1999) by 1999 c. 24, s. 5(3)
Act modified (25.8.2000) by 2000 c. 6, ss. 167(5), 168(1)
Act modified (20.7.2000) by 2000 c. 12, s. 19(1)(3)
Act modified by 1976 c. 74, s. 71B(1) (as substituted (2.4.2001) by 2000 c. 34, s. 2(1) (with s. 10(5))); S.I. 2001/566, art. 2(1)
Act modified (30.11.2000 for specified purposes and otherwise 16.2.2001) by 2000 c. 41, ss. 133(2), 163(2)(3)(d) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. I Pt. I
Act modified (E.W.) (30.11.2000) by 2000 c. 43, s. 81(6)
Act modified (8.1.2001 for E.W.N.I. and 1.8.2003 to the extent, if any, that s. 7(2) of the amending Act is not in force already for S. at Royal Assent (30.11.2000)) by 2000 c. 44, s. 7(2)(3); S.I. 2000/3303, art. 2; S.I. 2003/1935, art. 2
- C9
Act modified (E.W.S. and, in so far as relating to importation, N.I.) (31.3.2002) by The Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002 (S.I. 2002/528), reg. 2(3)
- C10
Act modified (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 278(1), 279, Sch. 25 para. 2(3); S.I. 2003/1397, art. 2(1), Sch.
- C11
Act modified (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 278(1), 279, Sch. 25 para. 10(10); S.I. 2003/1397, art. 2(1), Sch.
- C12
Act modified (20.11.2003) by Sexual Offences Act 2003 (c. 42), ss. 141(1), 142(6)
- C13
Act modified (7.6.2005) by International Organisations Act 2005 (c. 20), ss. 10, 11(3)
- C14
Act modified (1.10.2009) by The Judiciary and Courts (Scotland) Act 2008 (Consequential Provisions and Modifications) Order 2009 (S.I. 2009/2231), arts. 1(2), 3; S.S.I. 2009/318, art. 2, Sch.
- C15
Act modified (1.4.2012) by The Housing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2012 (S.I. 2012/700), art. 3(1)
- C16
Act modified (1.1.2015) by The Revenue Scotland and Tax Powers Act 2014 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3294), art. 3(1)
- C17
Act modified (1.4.2015) by The Food (Scotland) Act 2015 (Consequential Provisions) Order 2015 (S.I. 2015/444), art. 3(1) (with art. 3(2))
- C18
Act modified (23.5.2016) by Scotland Act 2016 (c. 11), ss. 46(1)(3), 51(1)
- C19
Act modified (5.9.2016) by Scotland Act 2016 (c. 11), s. 32(1)(2), 72(4)(b); S.I. 2016/759, reg. 3(i)
- C20
Act modified (1.4.2017) by The Scottish Fiscal Commission Act 2016 (Consequential Provisions and Modifications) Order 2017 (S.I. 2017/241), art. 3
- C21
Act modified (18.5.2017 immediately after 2016 c. 11, ss. 3-8, 10-12 come into force) by Scotland Act 2016 (c. 11), ss. 9(1), 72(4)(a); S.I. 2017/608, reg. 2(1)(g)(2)
- C22
Act modified (1.10.2021) by The UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/760), arts. 1(2), 3; S.S.I. 2021/304, art. 2
- C23
Act modified (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), arts. 1(1), 3 (with art. 5)
Contents
- Part I: The Scottish Parliament
- The Scottish Parliament
- 1The Scottish Parliament.
- General elections
- 2Ordinary general elections.
- 3Extraordinary general elections.
- 4Calculating time for meeting of the Parliament.
- 5Candidates.
- 6Poll for regional members.
- 7Calculation of regional figures.
- 8Allocation of seats to regional members.
- Vacancies
- 9Constituency vacancies.
- 10Regional vacancies.
- Franchise and conduct of elections
- 11Electors.
- 12Power of the Scottish Ministers to make provision about elections
- 12APower of the Secretary of State to make provision about the combination of polls
- 12BPower to make provision about the use of the UK digital service for absent voting applications
- Duration of membership
- 13Term of office of members.
- 14Resignation of members.
- Disqualification
- 15Disqualification from membership of the Parliament.
- 16Exceptions and relief from disqualification.
- 17Effect of disqualification.
- 18Judicial proceedings as to disqualification.
- Presiding Officer and administration
- 19Presiding Officer.
- 20Clerk of the Parliament.
- 21Scottish Parliamentary Corporate Body.
- Proceedings etc.
- 22Standing orders.
- 23Power to call for witnesses and documents.
- 23APower to impose requirements on specific bodies
- 24Witnesses and documents: notice.
- 25Witnesses and documents: offences.
- 26Witnesses and documents: general.
- 27Participation of the Scottish Law Officers.
- Legislation
- 28Acts of the Scottish Parliament.
- 29Legislative competence.
- 30Legislative competence: supplementary.
- 30ALegislative competence: restriction relating to retained EU law Repealed
- 31Scrutiny of Bills for legislative competence and protected subject-matter .
- 31ATwo-thirds majority for Bills relating to a protected subject-matter
- 32Submission of Bills for Royal Assent.
- 32AScrutiny of Bills by the Supreme Court (protected subject-matter)
- 33Scrutiny of Bills by the Supreme Court (legislative competence) .
- 34ECJ references. Repealed
- 35Power to intervene in certain cases.
- 36Stages of Bills.
- Other provisions
- 37Acts of Union.
- 38Letters Patent and proclamations.
- 39Members’ interests.
- Legal issues
- 40Proceedings by or against the Parliament etc.
- 41Defamatory statements.
- 42Contempt of court.
- 43Corrupt practices. Repealed
- Part II: The Scottish Administration
- Ministers and their staff
- 44The Scottish Government.
- 45The First Minister.
- 46Choice of the First Minister.
- 47Ministers.
- 48The Scottish Law Officers.
- 49Junior Scottish Ministers.
- 50Validity of acts of Scottish Ministers etc.
- 51The Civil Service.
- Ministerial functions
- 52Exercise of functions.
- 53General transfer of functions.
- 54Devolved competence.
- 55Functions exercisable with agreement.
- 56Shared powers.
- 57... Convention rights ....
- 58Power to prevent or require action.
- Property and liabilities
- 59Property and liabilities of the Scottish Ministers.
- 60Transfers to the Scottish Ministers.
- 61Property and liabilities of the Lord Advocate and the First Minister.
- 62Transfers to the Lord Advocate.
- Transfer of additional functions
- 63Power to transfer functions.
- Part 2A: Permanence of the Scottish Parliament and Scottish Government
- 63APermanence of the Scottish Parliament and Scottish Government
- Part III: Financial Provisions
- 64Scottish Consolidated Fund.
- 64AAssignment of VAT
- 65Payments out of the Fund.
- 65ADestination of fines, forfeitures and fixed penalties
- 66Borrowing by the Scottish Ministers etc.
- 67Lending by the Secretary of State.
- 67ALending for capital expenditure
- 68Borrowing by statutory bodies.
- 69The Auditor General for Scotland.
- 70Financial control, accounts and audit.
- 71Existing debt.
- 72Accounts of loans to the Scottish Ministers.
- Part IV: The tax-varying power
- 73Power to fix basic rate for Scottish taxpayers. Repealed
- 74Supplemental provision with respect to resolutions. Repealed
- 75Scottish taxpayers. Repealed
- 76Changes to income tax structure. Repealed
- 77Accounting for additional Scottish tax. Repealed
- 78Effect of tax reduction for Scottish taxpayers. Repealed
- 79Supplemental powers to modify enactments. Repealed
- 80Reimbursement of expenses. Repealed
- Part 4A: Taxation
- Chapter 1: Introductory
- 80AOverview of Part 4A
- 80BPower to add new devolved taxes
- Chapter 2: Income Tax
- 80CPower to set Scottish rates for Scottish taxpayers
- 80DScottish taxpayers
- 80DAScottish taxpayers: Welsh parliamentarians
- 80EClose connection with Scotland or another part of the UK
- 80FDays spent in Scotland or another part of the UK
- 80GSupplemental powers to modify enactments
- 80HReimbursement of expenses
- 80HAReport by the Comptroller and Auditor General
- Chapter 3: Tax on transactions involving interests in land
- 80ITax on transactions involving interests in land
- 80JCertain transactions not taxable
- Chapter 4: Tax on disposals to landfill
- 80KTax on disposals to landfill
- Chapter 5: Tax on carriage of passengers by air
- 80LTax on carriage of passengers by air
- Chapter 6: Tax on commercial exploitation of aggregate
- 80MTax on commercial exploitation of aggregate
- Chapter 7: Tax on Wild Fisheries
- 80NTax on Wild Fisheries
- Chapter 8: TAX IN CONNECTION WITH BUILDING CONTROL APPROVAL ETC
- 80OTax in connection with building control approval etc
- Part V: Miscellaneous and general
- Remuneration of members of the Parliament and Government
- 81Remuneration of members of the Parliament and Government.
- 82Limits on salaries of members of the Parliament.
- 83Remuneration: supplementary.
- Other provision about members of the Parliament etc.
- 84Oaths.
- 85Exemption from jury service.
- Arrangements at Westminster
- 86Scottish representation at Westminster. Repealed
- 87The Advocate General for Scotland.
- Cross-border public authorities
- 88Cross-border public authorities: initial status.
- 89Power to adapt etc. cross-border public authorities.
- 90Power to transfer property of cross-border public authorities.
- The BBC
- 90ABBC Trust member for Scotland
- The Crown Estate
- 90BThe Crown Estate
- Renewable electricity incentive schemes
- 90CRenewable electricity incentive schemes: consultation
- Miscellaneous
- 91Maladministration.
- 92Queen’s Printer for Scotland.
- 93Agency arrangements.
- 94Private legislation.
- 95Appointment and removal of judges.
- 96Provision of information to the Treasury.
- 96AProvision of information to the Office for Budget Responsibility
- 97Assistance for registered political parties in the Parliament.
- Juridical
- 98Devolution issues.
- 99Rights and liabilities of the Crown in different capacities.
- 100Human rights.
- 101Interpretation of Acts of the Scottish Parliament etc.
- 102Powers of courts or tribunals to vary retrospective decisions.
- 103The Judicial Committee. Repealed
- Supplementary powers
- 104Power to make provision consequential on legislation of, or scrutinised by, the Parliament.
- 105Power to make provision consequential on this Act.
- 106Power to adapt functions.
- 107Legislative power to remedy ultra vires acts.
- 108Agreed redistribution of functions exercisable by the Scottish Ministers etc.
- 109Agreed redistribution of property and liabilities.
- 110Scottish taxpayers for social security purposes.
- 111Regulation of Tweed and Esk fisheries.
- Part VI: Supplementary
- Subordinate legislation
- 112Subordinate legislation: general.
- 113Subordinate legislation: scope of powers.
- 114Subordinate legislation: particular provisions.
- 115Subordinate legislation: procedure.
- 116Transfer of property: supplementary.
- General modification of enactments
- 117Ministers of the Crown.
- 118Subordinate instruments.
- 119Consolidated Fund etc.
- 120Accounts and audit.
- 121Requirements to lay reports etc. before Parliament.
- 122Crown land.
- 123Stamp duty.
- 124Modification of sections 94 and 117 to 122.
- Amendments and repeals
- 125Amendments and repeals.
- Final provisions
- 126Interpretation.
- 127Index of defined expressions.
- 128Expenses.
- 129Transitional provisions etc.
- 130Commencement.
- 131Extent.
- 132Short title.
- Schedule 1: Constituencies, regions and regional members
- General
- 1Paragraph 1
- 2Paragraph 2
- Reports of Boundaries Scotland
- 3Paragraph 3
- 4Paragraph 4
- ...
- 5Paragraph 5 Repealed
- Orders in Council
- 6Paragraph 6
- Notice of proposed report or recommendations
- 7Paragraph 7
- 8Paragraph 8
- Local inquiries
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- The constituency rules
- 12Paragraph 12
- The regional rules
- 13Paragraph 13
- 14Paragraph 14
- Schedule 2: Scottish Parliamentary Corporate Body
- Membership
- 1Paragraph 1
- Property
- 2Paragraph 2
- Staff
- 3Paragraph 3
- Powers
- 4Paragraph 4
- Delegation
- 5Paragraph 5
- Proceedings and business
- 6Paragraph 6
- Crown status
- 7Paragraph 7
- Schedule 3: Standing orders – further provision
- Preservation of order
- 1Paragraph 1
- Withdrawal of rights and privileges
- 2Paragraph 2
- Proceedings to be in public
- 3Paragraph 3
- Reporting and publishing proceedings
- 4Paragraph 4
- The Presiding Officer and deputies
- Committees
- 6Paragraph 6
- Crown interests
- 7Paragraph 7
- Schedule 4: Enactments etc. protected from modification
- Part I: The protected provisions
- Particular enactments
- 1Paragraph 1
- The law on reserved matters
- 2Paragraph 2
- 3Paragraph 3
- This Act
- 4Paragraph 4
- 4AParagraph 4A Repealed
- Enactments modified by this Act
- 5Paragraph 5
- Shared powers
- 6Paragraph 6
- Part II: General exceptions
- Restatement, etc.
- 7Paragraph 7
- Effect of Interpretation Act 1978
- 8Paragraph 8
- Change of title etc.
- 9Paragraph 9
- Accounts and audit and maladministration
- 10Paragraph 10
- Subordinate legislation
- 11Paragraph 11
- Part III: Consequential modification of sections 53 and 54
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Schedule 5: Reserved matters
- Part I: General reservations
- The Constitution
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 5AParagraph 5A Repealed
- Political parties
- 6Paragraph 6
- Foreign affairs etc.
- 7Paragraph 7
- Public service
- 8Paragraph 8
- Defence
- 9Paragraph 9
- Treason
- 10Paragraph 10
- Part II: Specific reservations
- Preliminary
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Reservations
- Head A – Financial and Economic Matters
- A1. Fiscal, economic and monetary policy
- A2. The currency
- A3. Financial services
- A4. Financial markets
- A5. Money laundering
- Head B – Home Affairs
- B1. Misuse of drugs
- B2. Data protection
- B3. Elections
- B4. Firearms
- B5. Entertainment
- B6. Immigration and nationality
- B7.Scientific procedures on live animals
- B8. National security, interception of communications, official secrets and terrorism
- B9. Betting, gaming and lotteries
- B10. Emergency powers
- B11. Extradition
- B12. Lieutenancies
- Head C – Trade and Industry
- C1. Business associations
- C2. Insolvency
- C3. Competition
- C4. Intellectual property
- C5. Import and export control
- C6. Sea fishing
- C7. Consumer protection
- C8. Product standards, safety and liability
- C9. Weights and measures
- C10. Telecommunications and wireless telegraphy
- C11 Posts
- C12. United Kingdom Research and Innovation and Research Councils
- C13. Designation of assisted areas
- C14. Industrial Development Advisory Board
- C15. Protection of trading and economic interests
- C16Distortive or harmful subsidies
- Head D – Energy
- D1. Electricity
- D2. Oil and gas
- D3. Coal
- D4. Nuclear energy
- D5. Energy conservation
- Head E – Transport
- E1. Road transport
- E2. Rail transport
- E3. Marine transport
- E4. Air transport
- E5. Other matters
- Head F – Social Security
- F1. Social security schemes
- F2. Child support
- F3. Occupational and personal pensions
- F4. War pensions
- Head G – Regulation of the Professions
- G1. Architects
- G2. Health professions
- G3. Auditors
- Head H – Employment
- H1. Employment and industrial relations
- H2. Health and safety
- H3. Job search and support
- Head J – Health and Medicines
- J1. Abortion Repealed
- J2. Xenotransplantation
- J3. Embryology, surrogacy and genetics
- J4. Medicines, medical supplies and poisons
- J5. Welfare foods Repealed
- Head K – Media and Culture
- K1. Broadcasting
- K2. Public lending right
- K3. Government Indemnity Scheme
- K4. Property accepted in satisfaction of tax
- Head L – Miscellaneous
- L1. Judicial remuneration
- L2. Equal opportunities
- L3. Control of weapons
- L4. Ordnance survey
- L5. Time
- L6. Outer space
- L7. Antarctica
- Part III: General provisions
- Scottish public authorities
- 1Paragraph 1
- 2Paragraph 2
- Tribunals
- 2AParagraph 2A
- Reserved bodies
- 3Paragraph 3
- Financial assistance to industry
- 4Paragraph 4
- Assisted dying: identification and regulation of substances and devices
- 4AParagraph 4A
- Interpretation
- 5Paragraph 5
- Schedule 6: Devolution issues
- Part I: Preliminary
- 1Paragraph 1
- 2Paragraph 2
- Part II: Proceedings in Scotland
- Application of Part II
- 3Paragraph 3
- Institution of proceedings
- 4Paragraph 4
- Intimation of devolution issue
- 5Paragraph 5
- 6Paragraph 6
- Reference of devolution issue to higher court
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- References from superior courts to Supreme Court
- 10Paragraph 10
- 11Paragraph 11
- Appeals from superior courts to Supreme Court
- 12Paragraph 12
- 13Paragraph 13
- 13AParagraph 13A
- 13BParagraph 13B
- Part III: Proceedings in England and Wales
- Application of Part III
- 14Paragraph 14
- Institution of proceedings
- 15Paragraph 15
- Notice of devolution issue
- 16Paragraph 16
- 17Paragraph 17
- Reference of devolution issue to High Court or Court of Appeal
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- References from Court of Appeal to Supreme Court
- 22Paragraph 22
- Appeals from superior courts to Supreme Court
- 23Paragraph 23
- Part IV: Proceedings in Northern Ireland
- Application of Part IV
- 24Paragraph 24
- Institution of proceedings
- 25Paragraph 25
- Notice of devolution issue
- 26Paragraph 26
- 27Paragraph 27
- Reference of devolution issue to Court of Appeal
- 28Paragraph 28
- 29Paragraph 29
- References from Court of Appeal to Supreme Court
- 30Paragraph 30
- Appeals from Court of Appeal to Supreme Court
- 31Paragraph 31
- Part V: General
- 32Paragraph 32 Repealed
- Direct references to Supreme Court
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- Expenses
- 36Paragraph 36
- Procedure of courts and tribunals
- 37Paragraph 37
- Interpretation
- 38Paragraph 38
- Schedule 7: Procedure for subordinate legislation
- General provision
- 1Paragraph 1
- Types of procedure
- 2Paragraph 2
- Special cases
- 3Paragraph 3
- 3AParagraph 3A
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6 Repealed
- Schedule 8: Modifications of enactments
- Public Revenue (Scotland) Act 1833 (c.13)
- 1Paragraph 1
- Crown Suits (Scotland) Act 1857 (c.44)
- 2Paragraph 2
- Sheriff Courts and Legal Officers (Scotland) Act 1927 (c.35)
- 3Paragraph 3
- Administration of Justice (Scotland) Act 1933 (c.41)
- 4Paragraph 4
- Private Legislation Procedure (Scotland) Act 1936 (c.52)
- 5Paragraph 5
- United Nations Act 1946 (c.45)
- 6Paragraph 6
- Crown Proceedings Act 1947 (c.44)
- 7Paragraph 7
- Public Registers and Records (Scotland) Act 1948 (c.57)
- 8Paragraph 8
- Lands Tribunal Act 1949 (c.42)
- 9Paragraph 9
- Defamation Act 1952 (c.66)
- 10Paragraph 10
- Defamation Act (Northern Ireland) 1955 (c.11 (N.I.))
- 11Paragraph 11
- Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c.49)
- 12Paragraph 12
- Pensions (Increase) Act 1971 (c.56)
- 13Paragraph 13
- Superannuation Act 1972 (c.11)
- 14Paragraph 14
- ...
- 15Paragraph 15 Repealed
- Interpretation Act 1978 (c.30)
- 16Paragraph 16
- Education (Scotland) Act 1980 (c.44)
- 17Paragraph 17
- Civil Jurisdiction and Judgments Act 1982 (c.27)
- 18Paragraph 18
- ...
- 19Paragraph 19 Repealed
- National Audit Act 1983 (c.44)
- 20Paragraph 20
- Tourism (Overseas Promotion) (Scotland) Act 1984 (c.4)
- 21Paragraph 21
- Bankruptcy (Scotland) Act 1985 (c.66)
- 22Paragraph 22 Repealed
- Insolvency Act 1986 (c.45)
- 23Paragraph 23
- Public Order Act 1986 (c.64)
- 24Paragraph 24
- Copyright, Designs and Patents Act 1988 (c.48)
- 25Paragraph 25
- Official Secrets Act 1989 (c.6)
- 26Paragraph 26
- Prisons (Scotland) Act 1989 (c.45)
- 27Paragraph 27
- European Communities (Amendment) Act 1993 (c.32)
- 28Paragraph 28 Repealed
- Scottish Land Court Act 1993 (c.45)
- 29Paragraph 29
- Value Added Tax Act 1994 (c.23)
- 30Paragraph 30
- Requirements of Writing (Scotland) Act 1995 (c.7)
- 31Paragraph 31
- Criminal Procedure (Scotland) Act 1995 (c.46)
- 32Paragraph 32
- Defamation Act 1996 (c.31)
- 33Paragraph 33
- Damages Act 1996 (c.48)
- 34Paragraph 34
- Schedule 9Repeals