Scotland Act 1998

Scotland Act 1998 An 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. 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:— There shall be a Scottish Parliament. One member of the Parliament shall be returned for each constituency (under the simple majority system) at an election held in the constituency. Members of the Parliament for each region shall be returned at a general election under the additional member system of proportional representation provided for in this Part and vacancies among such members shall be filled in accordance with this Part. The validity of any proceedings of the Parliament is not affected by any vacancy in its membership. Schedule 1 (which makes provision for the constituencies and regions for the purposes of this Act and the number of regional members) shall have effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The day on which the poll at an ordinary general election for membership of the Parliament is to be held is the first Thursday in May in the fifth calendar year following that in which the previous ordinary general election was held, unless subsection (2A) prevents the poll being held on that day, or the day of the poll is determined by a proclamation under subsection (5). The poll shall not be held on the same date as the date of the poll at— a parliamentary general election ..., ... Where subsection (2A) prevents the poll being held on the day specified in subsection (2), the poll shall be held on such day, subject to subsection (2A), as the Scottish Ministers may by order specify, unless the day of the poll is determined by a proclamation under subsection (5) as modified by subsection (5ZA). If the poll is to be held on the first Thursday in May, or on the day specified by an order under subsection (2B) , the Parliament— is dissolved by virtue of this section at the beginning of the minimum period which ends with that day, and shall meet within the period of seven days beginning immediately after the day of the poll. In subsection (3), “the minimum period” means the period determined in accordance with an order under section 12(1). Subject to subsection (2A), if the Presiding Officer proposes a day for the holding of the poll which is not more than 4 weeks earlier, nor more than 8 weeks later, than the first Thursday in May, Her Majesty may by proclamation under the Scottish Seal— dissolve the Parliament (unless the Parliament is already dissolved), require the poll at the election to be held on the day proposed, and require the Parliament to meet as soon as reasonably practicable after the day of the poll. Where a day is specified by order under subsection (2B), subsection (5) applies as if the reference to the first Thursday in May were a reference to that day. Subsection (5E) applies if a proclamation is made in accordance with subsection (5). Subject to subsection (2A), if the Presiding Officer proposes another day for the holding of the poll which is not more than 8 weeks later than the day on which the poll is required to be held under the proclamation, His Majesty may by further proclamation under the Scottish Seal— require the Parliament to meet as soon as reasonably practicable after the day of the poll. Before proposing a day for the holding of the poll under subsection (5) or (as the case may be) subsection (5E), the Presiding Officer must consult— the Electoral Commission, and the convener of the Electoral Management Board for Scotland. As soon as reasonably practicable after proposing a day for the holding of the poll under subsection (5) or (as the case may be) subsection (5E), the Presiding Officer must publish, in such manner as the Presiding Officer considers appropriate, a statement setting out— the day proposed for the holding of the poll, and the reasons for the making of the proposal. In this Act “the Scottish Seal” means Her Majesty’s Seal appointed by the Treaty of Union to be kept and used in Scotland in place of the Great Seal of Scotland. The Presiding Officer shall propose a day for the holding of a poll if— the Parliament resolves that it should be dissolved and, if the resolution is passed on a division, the number of members voting in favour of it is not less than two-thirds of the total number of seats for members of the Parliament, or any period during which the Parliament is required under section 46 to nominate one of its members for appointment as First Minister ends without such a nomination being made. But, despite subsection (1), the Presiding Officer may not propose a day for the holding of a poll if an event mentioned in paragraph (a) or (b) of that subsection occurs within the period of 8 weeks ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)). If the Presiding Officer makes such a proposal, Her Majesty may by proclamation under the Scottish Seal— dissolve the Parliament and require an extraordinary general election to be held, require the Parliament to meet within the period of seven days beginning immediately after the day of the poll. Subsection (2B) applies if a proclamation is made under subsection (2). If the Presiding Officer proposes another day for the holding of the poll at the extraordinary general election which is not more than 4 weeks later than the day on which the poll is required to be held under the proclamation, Her Majesty may by further proclamation under the Scottish Seal— require the poll at the election to be held instead on the day proposed under this subsection, and Before proposing a day for the holding of the poll under subsection (2B), the Presiding Officer must consult the Electoral Commission. If a poll is held under this section within the period of six months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)), that ordinary general election shall not be held. Subsection (3) does not affect the year in which the subsequent ordinary general election is to be held. In calculating any period of days for the purposes of section 2(3)(b) or (5)(c) or section 3(2)(c), Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday, a bank holiday in Scotland or a day appointed for public thanksgiving or mourning shall be disregarded. At a general election, the candidates may stand for return as constituency members or regional members. A person may not be a candidate to be a constituency member for more than one constituency. The candidates to be regional members shall be those included in a list submitted under subsection (4) or individual candidates. Any registered political party may submit to the regional returning officer a list of candidates to be regional members for a particular region (referred to in this Act, in relation to the region, as the party’s “regional list”). A registered political party’s regional list has effect in relation to the general election and any vacancy occurring among the regional members after that election and before the next general election. Not more than twelve persons may be included in the list (but the list may include only one person). A registered political party’s regional list must not include a person— who is included in any other list submitted under subsection (4) for the region or any list submitted under that subsection for another region, who is an individual candidate to be a regional member for the region or another region, who is a candidate to be a constituency member for a constituency not included in the region, or who is a candidate to be a constituency member for a constituency included in the region but is not a candidate of that party. A person may not be an individual candidate to be a regional member for a particular region if he is— included in a list submitted under subsection (4) for the region or another region, an individual candidate to be a regional member for another region, a candidate to be a constituency member for a constituency not included in the region, or a candidate of any registered political party to be a constituency member for a constituency included in the region. In this Act, “registered political party” means a party registered under Part II of the Political Parties, Elections and Referendums Act 2000 . This section and sections 7 and 8 are about the return of regional members at a general election. In each of the constituencies for the Parliament, a poll shall be held at which each person entitled to vote as elector may give a vote (referred to in this Act as a “regional vote”) for— a registered political party which has submitted a regional list, or an individual candidate to be a regional member for the region. The right conferred on a person by subsection (2) is in addition to any right the person may have to vote in any poll for the return of a constituency member. The persons who are to be returned as constituency members for constituencies included in the region must be determined before the persons who are to be returned as the regional members for the region. For each registered political party which has submitted a regional list, the regional figure for the purposes of section 8 is— the total number of regional votes given for the party in all the constituencies included in the region, divided by the aggregate of one plus the number of candidates of the party returned as constituency members for any of those constituencies. Each time a seat is allocated to the party under section 8, that figure shall be recalculated by increasing (or further increasing) the aggregate in subsection (2)(b) by one. For each individual candidate to be a regional member for the region, the regional figure for the purposes of section 8 is the total number of regional votes given for him in all the constituencies included in the region. The first regional member seat shall be allocated to the registered political party or individual candidate with the highest regional figure. The second and subsequent regional member seats shall be allocated to the registered political party or individual candidate with the highest regional figure, after any recalculation required by section 7(3) has been carried out. An individual candidate already returned as a constituency or regional member shall be disregarded. Seats for the region which are allocated to a registered political party shall be filled by the persons in the party’s regional list in the order in which they appear in the list. For the purposes of this section and section 10, a person in a registered political party’s regional list who is returned as a member of the Parliament shall be treated as ceasing to be in the list (even if his return is void). Once a party’s regional list has been exhausted (by the return of persons included in it as constituency members or by the previous application of subsection (1) or (2)) the party shall be disregarded. If (on the application of subsection (1) or any application of subsection (2)) the highest regional figure is the regional figure of two or more parties or individual candidates, the subsection in question shall apply to each of them; or if paragraph (a) would result in more than the correct number of seats for the region being allocated, the subsection in question shall apply as if the regional figure for each of those parties or candidates had been adjusted in accordance with subsection (8). The regional figure for a party or candidate is adjusted in accordance with this subsection by— adding one vote to the total number of regional votes given for the party or candidate in all the constituencies included in the region; and (in the case of a party) recalculating the regional figure accordingly. If, on the application of the subsection in question in accordance with subsection (7)(b), seats would be allocated to two or more parties or individual candidates and that would result in more than the correct number of seats for the region being allocated, the regional returning officer shall decide between them by lot. Where the seat of a constituency member is vacant, an election shall be held to fill the vacancy (subject to subsection (4)). The date of the poll shall be fixed by the Presiding Officer. The date shall fall within the period of three months— beginning with the occurrence of the vacancy, or if the vacancy does not come to the notice of the Presiding Officer within the period of one month beginning with its occurrence, beginning when it does come to his notice. The election shall not be held if the latest date for holding the poll would fall within the period of three months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)). Subsection (4B) applies where— the Presiding Officer fixes a date under subsection (2), and the date fixed does not fall within the period of 6 months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)). The Presiding Officer may fix another date for the holding of the poll which is to be within the period of 3 months beginning with the date of the poll fixed by the Presiding Officer under subsection (2). Subsection (4D) applies where— the Presiding Officer fixes a date under subsection (2) or (4B), and the date fixed falls within the period of 6 months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)). If the Presiding Officer considers it necessary or appropriate for any reason to do so, the Presiding Officer may determine that an election to fill the vacancy is not to be held. Before fixing a date under subsection (4B) or (as the case may be) determining that an election is not to be held under subsection (4D), the Presiding Officer must consult— the Electoral Commission, the convener of the Electoral Management Board for Scotland, and the officer appointed by order in accordance with section 12(1) of the Scotland Act 1998 to act as the returning officer for the constituency in which the seat is vacant. As soon as reasonably practicable after fixing a date under subsection (4B) or (as the case may be) determining that an election is not to be held under subsection (4D), the Presiding Officer must publish, in such manner as the Presiding Officer considers appropriate, a statement setting out— either— the date fixed for the holding of the poll, or (as the case may be) that an election is not to be held, and the reasons for the exercise of the power. For the purposes of this section, the date on which a vacancy is to be treated as occurring shall be determined under standing orders. A person may not be a candidate at such an election if he is a member of the Parliament or a candidate in another election to fill a vacancy. This section applies where the seat of a regional member is vacant. If the regional member was returned as an individual candidate, or the vacancy is not filled in accordance with the following provisions, the seat shall remain vacant until the next general election. If the regional member was returned (under section 8 or this section) from a registered political party’s regional list, the regional returning officer shall notify the Presiding Officer of the name of the person who is to fill the vacancy. The regional returning officer shall ascertain from that party's regional list the name and address of the person whose name appears highest on that list (“ the first choice ”) and shall take such steps as appear to him to be reasonable to contact the first choice to ask whether he will— state in writing that he is willing and able to serve as a regional member for that region; and deliver a certificate signed by or on behalf of the nominating officer of the registered party which submitted that regional list stating that the first choice may be returned as a regional member from that list. Where— within such period as the regional returning officer considers reasonable— he decides that the steps he has taken to contact the first choice have been unsuccessful; or he has not received from that person the statement and certificate referred to in subsection (4); or the first choice has— stated in writing that he is not willing to serve as a regional member for that region; or failed to deliver the certificate referred to in subsection (4)(b), the regional returning officer shall repeat the procedure required by subsection (4) in respect of the person (if any) whose name appears next in that list (“ the second choice ”) or, where paragraph (a) or (b) of this subsection applies in respect of that person, in respect of the person (if any) whose name appears next highest after the second choice in that list; and the regional returning officer shall continue to repeat the procedure until the regional returning officer has notified the Presiding Officer of the name of the person who is to fill the vacancy or the names in the list are exhausted. Where a person whose name appears on that list provides the statement and certificate referred to in subsection (4), the regional returning officer shall notify to the Presiding Officer the name of that person. under subsection (4A), the regional returning officer has asked the second choice or a subsequent choice the questions referred to in subsection (4); and the person who was asked those questions on an earlier occasion then provides the statement and certificate referred to in that subsection, that statement and certificate shall have no effect unless and until the circumstances described in paragraph (a) or (b) of subsection (4A) apply in respect of the second choice or, as the case may be, of the subsequent choice. Where a person’s name has been notified under subsection (3), this Act shall apply as if he had been declared to be returned as a regional member for the region on the day on which notification of his name was received by the Presiding Officer. The persons entitled to vote as electors at an election for membership of the Parliament held in any constituency are those who on the day of the poll— would be entitled to vote as electors at a local government election in an electoral area falling wholly or partly within the constituency, and are registered in the register of local government electors at an address within the constituency. A person is not entitled to vote as elector in any constituency— more than once at a poll for the return of a constituency member, or more than once at a poll for the return of regional members, or to vote as elector in more than one constituency at a general election. The Scottish Ministers may by order make any provision that would be within the legislative competence of the Parliament, if included in an Act of the Scottish Parliament, as to— the conduct of elections for membership of the Parliament, the questioning of such an election and the consequences of irregularities, and the return of members of the Parliament otherwise than at an election. The provision that may be made under subsection (1)(a) includes, in particular, provision— about the registration of electors, for disregarding alterations in a register of electors, about the limitation of the election expenses of candidates, for the combination of polls, for modifying the application of section 7(1) where the poll at an election for the return of a constituency member is abandoned (or notice of it is countermanded), and for modifying section 8(7) to ensure the allocation of the correct number of seats for the region. The provision that may be made under subsection (1)(c) includes, in particular, provision modifying section 10(4) to (5A). An order under subsection (1) may— apply, with or without modifications or exceptions, any provision made by or under the Representation of the People Acts ... or by any other enactment relating to parliamentary elections ... or local government elections, and so far as may be necessary in consequence of any provision made by an order under subsection (1), modify any provision made by any enactment relating to the registration of parliamentary electors or local government electors. The return of a member of the Parliament at an election may be questioned only under Part 3 of the Representation of the People Act 1983 as applied by an order under subsection (1). For the purposes of this Act, the regional returning officer for any region is the person designated as such in accordance with an order made by the Scottish Ministers under this subsection. The Secretary of State may by regulations make provision for— the combination of polls at ordinary general elections for membership of the Parliament with polls at parliamentary by-elections, and the combination of polls at extraordinary general elections for membership of the Parliament, and by-elections for membership of the Parliament, with polls at parliamentary by-elections or parliamentary general elections. The Secretary of State may not make regulations under this section without the agreement of the Scottish Ministers. Regulations under subsection (1) may— modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for membership of the Parliament. A Minister of the Crown or the Scottish Ministers may by regulations make provision about the use of the UK digital service in relation to absent voting applications. The provision that may be made under subsection (1) includes, in particular, provision— conferring functions on a Minister of the Crown to enable absent voting applications to be submitted through the UK digital service; where such applications are, or are to be, so submitted— authorising a Minister of the Crown, in prescribed circumstances, to complete applications in part for people; about how any requirement for an applicant to provide a signature in connection with an application may be satisfied; about the disclosure of prescribed information or evidence through the UK digital service; about the disclosure of prescribed information or evidence in connection with an absent voting application in relation to which the UK digital service is, or is to be, used. Subject to subsection (4), the disclosure or other processing of information in accordance with provision made under this section does not breach— any obligation of confidence owed by the person processing the information; any other restriction on the processing of information (however imposed). Provision made under this section does not require or authorise the disclosure or other processing of personal data that would contravene the data protection legislation (but in determining whether particular processing of data would do so, take into account the duty imposed or the powers conferred by such provision). The Scottish Ministers may not make regulations under this section without the agreement of a Minister of the Crown. In this section— “absent voting application” means an application (including a partially completed application) to vote by post or proxy at an election for membership of the Parliament, or at elections for membership of the Parliament, in accordance with an order under section 12; “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act); “personal data” and “processing” have the same meaning as in the Data Protection Act 2018 (see section 3(2) and (4) of that Act); “prescribed” means prescribed by regulations made under this section; “the UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors, and a reference to an absent voting application submitted through the UK digital service is a reference to such an application submitted using that service as an intermediary. The term of office of a member of the Parliament begins on the day on which the member is declared to be returned and ends with the dissolution of the Parliament. A member of the Parliament may at any time resign his seat by giving notice in writing to the Presiding Officer. A person is disqualified from being a member of the Parliament (subject to section 16) if— the person would be disqualified from being a member of the House of Commons under paragraphs (a) to (e) of section 1(1) of the House of Commons Disqualification Act 1975 (judges, civil servants, members of the armed forces, members of police forces and members of foreign legislatures) as that Act had effect on 27 April 2022, the person would be disqualified (either generally or in relation to a particular parliamentary constituency) from being a member of the House of Commons or from sitting and voting in it under any other enactment or rule of law as that enactment or rule of law had effect on 27 April 2022, the person is a member of the House of Commons, the person is a member of the House of Lords, the person is a councillor, the person is subject to— any relevant notification requirements, or a relevant sexual harm or risk order, the person is subject to a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025, the person is subject to a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders from holding elective office etc), he is an office-holder of a description specified in an Order in Council made by Her Majesty under this subsection. An office-holder of a description specified in an Order in Council made by Her Majesty under this subsection is disqualified from being a member of the Parliament for any constituency or region of a description specified in the Order in relation to the office-holder. In this section “office-holder” includes employee or other post-holder. In this section and in section 16— “councillor” means a member of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. “relevant notification requirements” has the same meaning as in section 31(4) of the Local Government (Scotland) Act 1973, and “relevant sexual harm or risk order” has the same meaning as in section 31(5) of the Local Government (Scotland) Act 1973. A person who is a member of the House of Commons and is subsequently returned as a member of the Parliament is not disqualified from being a member of the Parliament merely because of section 15(1)(bza) (disqualification by virtue of being a member of the House of Commons) at any time in the period of 49 days beginning with the day on which the person is returned as a member of the Parliament. A person who is a member of the Parliament and is subsequently returned as a member of the House of Commons is not disqualified from being a member of the Parliament merely because of section 15(1)(bza) at any time in the period of 49 days beginning with the day on which the person is returned as a member of the House of Commons. A person who is a member of the House of Lords and is subsequently returned as a member of the Parliament is not disqualified from being a member of the Parliament merely because of section 15(1)(bzb) (disqualification by virtue of being a member of the House of Lords) at any time in the period of 14 days beginning with the day on which the person is returned as a member of the Parliament. A person who is a member of the Parliament and subsequently becomes a member of the House of Lords is not disqualified from being a member of the Parliament merely because of section 15(1)(bzb) at any time before the end of the period of 14 days beginning with the day on which the member makes and subscribes the oath (or corresponding affirmation) required of members of the House of Lords by the Parliamentary Oaths Act 1866. A person who is a member of the Parliament and is subsequently returned as a councillor is not disqualified from being a member of the Parliament merely because of section 15(1)(bzc) (disqualification by virtue of being a councillor) at any time in the period of 49 days beginning with the day on which the person is returned as a councillor. Subsection (1ZG) applies if— a person who is a councillor is subsequently returned as a member of the Parliament, and on the day on which the councillor is so returned (the “return day”), the expected day of the next ordinary election of councillors is within the period of 372 days beginning with the return day. The person is not disqualified from being a member of the Parliament merely because of section 15(1)(bzc) at any time in the period beginning with the day on which the person is returned as a member of the Parliament and ending on the day of the poll at the next ordinary election of councillors. Otherwise, a person who is a councillor and is subsequently returned as a member of the Parliament is not disqualified from being a member of the Parliament because of section 15(1)(bzc) at any time in the period of 49 days beginning with the day on which the councillor is returned as a member of the Parliament. For the purposes of subsection (1ZF) “the expected day of the next ordinary election of councillors” is the day fixed or specified for the poll at the next ordinary election of councillors by, or under, section 43 or section 43A of the Representation of the People Act 1983, which has effect at the beginning of the return day. A person who is subject to— any relevant notification requirements, a relevant sexual harm or risk order, or a relevant disqualification order, is not disqualified merely because of section 15(1)(ba), (bb) or, as the case may be, (bc) until the appropriate time. The appropriate time is— the end of the period of 3 months beginning with the date of the imposition of the requirements or of the order date, or if earlier, the expiry of the ordinary period allowed for making— an appeal or application in respect of the conviction, finding, order or certification to which the relevant notification requirements relate, an appeal against the relevant sexual harm or risk order, or an appeal against the conviction or the making of the disqualification order. But if, before the appropriate time mentioned in subsection (1B), the person makes such an appeal or application, the person is disqualified at the end of the period of 3 months beginning with the date of the imposition of the requirements or of the order date unless— the appeal or application is dismissed or abandoned at any earlier time (in which case the person is disqualified at that time), or at any time within that period of 3 months the appeal or application is upheld (in which case the person is not disqualified). A person is not disqualified from being a member of the Parliament merely because of section 3 of the Act of Settlement, provided the person— is resident in the United Kingdom, and meets one of the conditions mentioned in subsection (2B). The conditions are that the person— is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom (excluding a person who does not require such leave by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases)), or is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave. Subsection (4) applies where a person was, or is alleged to have been, disqualified from being a member of the Parliament (either generally or in relation to a particular constituency or region) on any ground other than one falling within section 15(1)(b), (ba), (bb) or (bc). The Parliament may resolve to disregard any disqualification incurred by that person on the ground in question if it considers that— the ground has been removed, and it is proper to disregard any disqualification so incurred. A resolution under this section shall not— affect any proceedings under Part III of the Representation of the People Act 1983 as applied by an order under section 12, or enable the Parliament to disregard any disqualification which has been established in such proceedings or in proceedings under section 18. “order date” means the date on which the relevant sexual harm or risk order or, as the case may be, relevant disqualification order is made by the court, “relevant disqualification order” means— a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025 (Scottish disqualification orders), a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders from holding elective office etc). If a person who is disqualified from being a member of the Parliament or from being a member for a particular constituency or region is returned as a member of the Parliament or (as the case may be) as a member for the constituency or region, his return shall be void and his seat vacant. If a member of the Parliament becomes disqualified from being a member of the Parliament or from being a member for the particular constituency or region for which he is sitting, he shall cease to be a member of the Parliament (so that his seat is vacant). Subsections (1) and (2) have effect subject to any resolution of the Parliament under section 16. Subsection (2) also has effect subject to section 16(1A) and ... section 427 of the Insolvency Act 1986 (sequestration etc); and where, in consequence of those sections, the seat of a disqualified member of the Parliament is not vacant he shall not cease to be a member of the Parliament until his seat becomes vacant but— he shall not participate in any proceedings of the Parliament, and any of his other rights and privileges as a member of the Parliament may be withdrawn by a resolution of the Parliament. The validity of any proceedings of the Parliament is not affected by the disqualification of any person from being a member of the Parliament or from being a member for the constituency or region for which he purports to sit. Any person who claims that a person purporting to be a member of the Parliament is disqualified or has been disqualified at any time since being returned may apply to the Court of Session for a declarator to that effect. An application in respect of any person may be made whether the grounds on which it is made are alleged to have subsisted when the person was returned or to have arisen subsequently. No declarator shall be made— on grounds which subsisted when the person was returned, if an election petition is pending or has been tried in which the disqualification on those grounds of the person concerned is or was in issue, or on any ground, if a resolution under section 16 requires that any disqualification incurred on that ground by the person concerned is to be disregarded. The person in respect of whom an application is made shall be the defender. The applicant shall give such caution for the expenses of the proceedings as the Court of Session may direct; but any such caution shall not exceed £5,000 or such other sum as the Scottish Ministers may by order specify. The decision of the court on an application under this section shall be final. In this section “disqualified” means disqualified from being a member of the Parliament or from being a member for the constituency or region for which the person concerned purports to sit. The Parliament shall, ... following a general election, elect from among its members a Presiding Officer and two deputies. The Parliament must do so— before it conducts any other proceedings, except the taking by its members of the oath of allegiance (see section 84), and in any event, within the period of 14 days beginning immediately after the day of the poll at the election. But where a general election was held on a day proposed by the Presiding Officer in accordance with a proclamation made by His Majesty under section 2(5) or (5E), subsection (1A) has effect as if for the words “within the period of 14 days beginning immediately” there were substituted “as soon as reasonably practicable”. The Parliament may, at any time, elect from among its members one or more additional deputies. A person elected Presiding Officer or deputy shall hold office until the conclusion of the next election for Presiding Officer under subsection (1) unless he previously resigns, ceases to be a member of the Parliament otherwise than by virtue of a dissolution or is removed from office by resolution of the Parliament. But standing orders may make provision for additional deputies to hold office for a shorter time than provided by subsection (2). If the Presiding Officer or a deputy elected under subsection (1) ceases to hold office before the Parliament is dissolved, the Parliament shall elect another from among its members to fill his place. The Presiding Officer’s functions may be exercised by a deputy if the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act. The Presiding Officer may (subject to standing orders) authorise any deputy to exercise functions on his behalf. Standing orders may include provision as to the participation (including voting) of the Presiding Officer and deputies in the proceedings of the Parliament. The validity of any act of the Presiding Officer or a deputy is not affected by any defect in his election. There shall be a Clerk of the Parliament. The Clerk shall be appointed by the Scottish Parliamentary Corporate Body (established under section 21). The Clerk’s functions may be exercised by any Assistant Clerk if the office of Clerk is vacant or the Clerk is for any reason unable to act. The Clerk may authorise any Assistant Clerk or other member of the staff of the Parliament to exercise functions on his behalf. There shall be a body corporate to be known as “The Scottish Parliamentary Corporate Body” (referred to in this Act as the Parliamentary corporation) to perform the functions conferred on the corporation by virtue of this Act or any other enactment. The members of the corporation shall be— the Presiding Officer, and at least four members of the Parliament appointed in accordance with standing orders. The corporation shall provide the Parliament, or ensure that the Parliament is provided, with the property, staff and services required for the Parliament’s purposes. The Parliament may give special or general directions to the corporation for the purpose of or in connection with the exercise of the corporation’s functions. Any property or liabilities acquired or incurred in relation to matters within the general responsibility of the corporation to which (apart from this subsection) the Parliament would be entitled or subject shall be treated for all purposes as property or (as the case may be) liabilities of the corporation. Any expenses of the corporation shall be payable out of the Scottish Consolidated Fund. Any sums received by the corporation shall be paid into that Fund, subject to any provision made by or under an Act of the Scottish Parliament for the disposal of or accounting for such sums. Schedule 2 (which makes further provision about the corporation) shall have effect. The proceedings of the Parliament shall be regulated by standing orders. Schedule 3 (which makes provision as to how certain matters are to be dealt with by standing orders) shall have effect. The Parliament may require any person— to attend its proceedings for the purpose of giving evidence, or to produce documents in his custody or under his control, concerning any subject for which any member of the Scottish Government has general responsibility. Subject to subsection (3), the Parliament may impose such a requirement on a person outside Scotland only in connection with the discharge by him of— functions of the Scottish Administration, or functions of a Scottish public authority or cross-border public authority, or Border rivers functions (within the meaning of section 111(4)), which concern a subject for which any member of the Scottish Government has general responsibility. In relation to the exercise of functions of a Minister of the Crown, the Parliament may not impose such a requirement on— him (whether or not he continues to be a Minister of the Crown), or a person who is or has been in Crown employment, within the meaning of section 191(3) of the Employment Rights Act 1996, unless the exercise concerns a subject for which any member of the Scottish Government has general responsibility. But the Parliament may not impose such a requirement in pursuance of subsection (3) in connection with the exercise of functions which are exercisable— by the Scottish Ministers as well as by a Minister of the Crown, or by a Minister of the Crown only with the agreement of, or after consultation with, the Scottish Ministers. Subsection (4)(b) does not prevent the Parliament imposing such a requirement in connection with the exercise of functions which do not relate to reserved matters. Where all the functions of a body relate to reserved matters, the Parliament may not impose such a requirement on any person in connection with the discharge by him of those functions. The Parliament may not impose such a requirement on— a judge of any court, or a member of any tribunal in connection with the discharge by him of his functions as such. Such a requirement may be imposed by a committee or sub-committee of the Parliament only if the committee or sub-committee is expressly authorised to do so (whether by standing orders or otherwise). A person is not obliged under this section to answer any question or produce any document which he would be entitled to refuse to answer or produce in proceedings in a court in Scotland. A procurator fiscal is not obliged under this section to answer any question or produce any document concerning the operation of the system of criminal prosecution in any particular case if the Lord Advocate— considers that answering the question or producing the document might prejudice criminal proceedings in that case or would otherwise be contrary to the public interest, and has authorised the procurator fiscal to decline to answer the question or produce the document on that ground. Section 23 applies in relation to requirements imposed on a person in connection with the discharge of the functions of a body mentioned in subsection (2) in relation to Scotland with the omission of— the words after paragraph (b) in subsection (1), and subsections (2) and (6). The bodies are— the Commissioners of Northern Lighthouses, the Office of Communications, and the Gas and Electricity Markets Authority. A requirement under section 23 shall be imposed by the Clerk giving the person in question notice in writing specifying— the time and place at which the person is to attend and the particular subjects concerning which he is required to give evidence, or the documents, or types of documents, which he is to produce, the date by which he is to produce them and the particular subjects concerning which they are required. Such notice shall be given— in the case of an individual, by sending it, by registered post or the recorded delivery service, addressed to him at his usual or last known address or, where he has given an address for service, at that address, in any other case, by sending it, by registered post or the recorded delivery service, addressed to the person at the person’s registered or principal office. Any person to whom a notice under section 24(1) has been given who— refuses or fails to attend proceedings as required by the notice, refuses or fails, when attending proceedings as required by the notice, to answer any question concerning the subjects specified in the notice, deliberately alters, suppresses, conceals or destroys any document which he is required to produce by the notice, or refuses or fails to produce any such document, is guilty of an offence. Subsection (1) is subject to sections 23(9) and (10) and 27(3). It is a defence for a person charged with an offence under subsection (1)(a), (b) or (d) to prove that he had a reasonable excuse for the refusal or failure. A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a period not exceeding three months. Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly. The Presiding Officer or such other person as may be authorised by standing orders may— administer an oath to any person giving evidence in proceedings of the Parliament, and require him to take the oath. Any person who refuses to take an oath when required to do so under subsection (1)(b) is guilty of an offence. Subsection (4) of section 25 applies to an offence under subsection (2) as it applies to an offence under that section. Standing orders may provide for the payment of allowances and expenses to persons— attending proceedings of the Parliament to give evidence, or producing documents which they have been required or requested to produce, whether or not in pursuance of a notice under section 24(1). For the purposes of sections 23 to 25 and this section, a person shall be taken to comply with a requirement to produce a document if he produces a copy of, or an extract of the relevant part of, the document. If the Lord Advocate or the Solicitor General for Scotland is not a member of the Parliament— he may participate in the proceedings of the Parliament to the extent permitted by standing orders, but may not vote, and standing orders may in other respects provide that they are to apply to him as if he were such a member. Subsection (1) is without prejudice to section 39. The Lord Advocate or the Solicitor General for Scotland may, in any proceedings of the Parliament, decline to answer any question or produce any document relating to the operation of the system of criminal prosecution in any particular case if he considers that answering the question or producing the document— might prejudice criminal proceedings in that case, or would otherwise be contrary to the public interest. Subject to section 29, the Parliament may make laws, to be known as Acts of the Scottish Parliament. Proposed Acts of the Scottish Parliament shall be known as Bills; and a Bill shall become an Act of the Scottish Parliament when it has been passed by the Parliament and has received Royal Assent. A Bill receives Royal Assent at the beginning of the day on which Letters Patent under the Scottish Seal signed with Her Majesty’s own hand signifying Her Assent are recorded in the Register of the Great Seal. The date of Royal Assent shall be written on the Act of the Scottish Parliament by the Clerk, and shall form part of the Act.

The validity of an Act of the Scottish Parliament is not affected by any invalidity in the proceedings of the Parliament leading to its enactment. Every Act of the Scottish Parliament shall be judicially noticed. This section does not affect the power of the Parliament of the United Kingdom to make laws for Scotland. But it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament. An Act of the Scottish Parliament is not law so far as any provision of the Act is outside the legislative competence of the Parliament. A provision is outside that competence so far as any of the following paragraphs apply— it would form part of the law of a country or territory other than Scotland, or confer or remove functions exercisable otherwise than in or as regards Scotland, it relates to reserved matters, it is in breach of the restrictions in Schedule 4, it is incompatible with any of the Convention rights ..., it would remove the Lord Advocate from his position as head of the systems of criminal prosecution and investigation of deaths in Scotland. For the purposes of this section, the question whether a provision of an Act of the Scottish Parliament relates to a reserved matter is to be determined, subject to subsection (4), by reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances. A provision which— would otherwise not relate to reserved matters, but makes modifications of Scots private law, or Scots criminal law, as it applies to reserved matters, is to be treated as relating to reserved matters unless the purpose of the provision is to make the law in question apply consistently to reserved matters and otherwise. Subsection (1) is subject to section 30(6). Schedule 5 (which defines reserved matters) shall have effect. Her Majesty may by Order in Council make any modifications of Schedule 4 or 5 which She considers necessary or expedient. Her Majesty may by Order in Council specify functions which are to be treated, for such purposes of this Act as may be specified, as being, or as not being, functions which are exercisable in or as regards Scotland. An Order in Council under this section may also make such modifications of— any enactment or prerogative instrument (including any enactment comprised in or made under this Act), or any other instrument or document, as Her Majesty considers necessary or expedient in connection with other provision made by the Order. Subsection (6) applies where any alteration is made— to the matters which are reserved matters, or to Schedule 4, (whether by virtue of the making, revocation or expiry of an Order in Council under this section or otherwise). Where the effect of the alteration is that a provision of an Act of the Scottish Parliament ceases to be within the legislative competence of the Parliament, the provision does not for that reason cease to have effect (unless an enactment provides otherwise). A person in charge of a Bill shall, on or before introduction of the Bill in the Parliament, state that in his view the provisions of the Bill would be within the legislative competence of the Parliament. The Presiding Officer shall, on or before the introduction of a Bill in the Parliament, decide whether or not in his view the provisions of the Bill would be within the legislative competence of the Parliament and state his decision. The Presiding Officer shall, after the last time when a Bill may be amended but before the decision whether to pass or reject it, decide whether or not in his view any provision of the Bill relates to a protected subject-matter and state his decision. The form of any statement, and the manner in which it is to be made, shall be determined under standing orders, and standing orders may provide for any statement to be published. For the purposes of this Part a provision of a Bill relates to a protected subject-matter if it would modify, or confer power to modify, any of the matters listed in subsection (5) (but not if the provision is incidental to or consequential on another provision of the Bill). The matters are— the persons entitled to vote as electors at an election for membership of the Parliament, the system by which members of the Parliament are returned, the number of constituencies, regions or any equivalent electoral area, and the number of members to be returned for each constituency, region or equivalent electoral area. If the Presiding Officer states under section 31(2A) that in his view any provision of a Bill relates to a protected subject-matter, the Bill is not passed unless the number of members voting in favour of it at the final stage is at least two-thirds of the total number of seats for members of the Parliament. It is for the Presiding Officer to submit Bills for Royal Assent. The Presiding Officer shall not submit a Bill for Royal Assent at any time when— the Advocate General, the Lord Advocate or the Attorney General is entitled to make a reference in relation to the Bill under section 32A or 33, any such reference has been made but has not been decided or otherwise disposed of by the Supreme Court, or an order may be made in relation to the Bill under section 35. The Presiding Officer shall not submit a Bill for Royal Assent if the Supreme Court has decided on a reference made in relation to the Bill under section 32A(2)(b) that any provision of the Bill relates to a protected subject-matter, unless since the decision the Bill has been approved in accordance with standing orders made by virtue of section 36(5). The Presiding Officer shall not submit a Bill in its unamended form for Royal Assent if— the Supreme Court has decided that the Bill or any provision of it would not be within the legislative competence of the Parliament. ... In this Act— “Advocate General” means the Advocate General for Scotland, The Advocate General, the Lord Advocate or the Attorney General may refer the question of whether a Bill or any provision of a Bill relates to a protected subject-matter to the Supreme Court for decision. Subject to subsection (3), he may make a reference in relation to a Bill— at any time during the period of four weeks beginning with the rejection of the Bill, if the Presiding Officer has made a statement under section 31(2A) that in his view any provision of the Bill relates to a protected subject-matter, and at any time during the period of four weeks beginning with the passing of the Bill, if the Presiding Officer has made a statement under section 31(2A) that in his view no provision of the Bill relates to a protected subject-matter, unless the number of members voting in favour of the Bill at its passing is at least two-thirds of the total number of seats for members of the Parliament. He shall not make a reference in relation to a Bill if he has notified the Presiding Officer that he does not intend to make a reference in relation to the Bill, unless since the notification the Bill has been approved or rejected in accordance with standing orders made by virtue of section 36(5). The Advocate General, the Lord Advocate or the Attorney General may refer the question of whether a Bill or any provision of a Bill would be within the legislative competence of the Parliament to the Supreme Court for decision. Subject to subsection (3), he may make a reference in relation to a Bill at any time during— the period of four weeks beginning with the passing of the Bill, and any period of four weeks beginning with any ... approval of the Bill in accordance with standing orders made by virtue of section 36(5). He shall not make a reference in relation to a Bill if he has notified the Presiding Officer that he does not intend to make a reference in relation to the Bill, unless the Bill has been approved as mentioned in subsection (2)(b) since the notification. If a Bill contains provisions— which the Secretary of State has reasonable grounds to believe would be incompatible with any international obligations or the interests of defence or national security, or which make modifications of the law as it applies to reserved matters and which the Secretary of State has reasonable grounds to believe would have an adverse effect on the operation of the law as it applies to reserved matters, he may make an order prohibiting the Presiding Officer from submitting the Bill for Royal Assent. The order must identify the Bill and the provisions in question and state the reasons for making the order. The order may be made at any time during— the period of four weeks beginning with the passing of the Bill, any period of four weeks beginning with any ... approval of the Bill in accordance with standing orders made by virtue of section 36(5), if a reference is made in relation to the Bill under section 32A(2)(b) or 33, the period of four weeks beginning with the reference being decided or otherwise disposed of by the Supreme Court. The Secretary of State shall not make an order in relation to a Bill if he has notified the Presiding Officer that he does not intend to do so, unless the Bill has been approved as mentioned in subsection (3)(b) since the notification. An order in force under this section at a time when such approval is given shall cease to have effect. Standing orders shall include provision— for general debate on a Bill with an opportunity for members to vote on its general principles, for the consideration of, and an opportunity for members to vote on, the details of a Bill, and for a final stage at which a Bill can be passed or rejected. Subsection (1) does not prevent standing orders making provision to enable the Parliament to expedite proceedings in relation to a particular Bill. Standing orders may make provision different from that required by subsection (1) for the procedure applicable to Bills of any of the following kinds— Bills which restate the law, Bills which repeal spent enactments, private Bills. Standing orders shall provide for an opportunity for the reconsideration of a Bill after its passing if (and only if)— the Supreme Court decides that the Bill or any provision of it would not be within the legislative competence of the Parliament, the Supreme Court decides on a reference made in relation to the Bill under section 32A(2)(b) that any provision of the Bill relates to a protected subject-matter, ... or an order is made in relation to the Bill under section 35. Standing orders shall provide for an opportunity for the reconsideration of a Bill after its rejection if (and only if), on a reference made in relation to the Bill under section 32A(2)(a), the Supreme Court decides that no provision that is subject to the reference relates to a protected subject-matter. Standing orders shall, in particular, ensure that — any Bill amended on reconsideration in accordance with standing orders made by virtue of subsection (4)(a) ... or (c), and any Bill reconsidered in accordance with standing orders made by virtue of subsection (4)(aa) or (4A), is subject to a final stage at which it can be approved or rejected. References in subsection (4), sections 28(2), 31(2A), 31A, 32A(2)(b) and 38(1)(a) and paragraph 7 of Schedule 3 to the passing of a Bill shall, in the case of a Bill to which subsection (5)(a) or (b) applies, be read as references to the approval of the Bill. The Union with Scotland Act 1706 and the Union with England Act 1707 have effect subject to this Act. The Keeper of the Registers of Scotland shall record in the Register of the Great Seal— all Letters Patent signed with Her Majesty’s own hand signifying Her Assent to a Bill passed by the Parliament, and all royal proclamations under sections 2(5) and 3(2), which have passed under the Scottish Seal. On recording such Letters Patent he shall intimate the date of recording to the Clerk. Her Majesty may by Order in Council make provision as to— the form and manner of preparation, and the publication, of such Letters Patent and proclamations. If the First Minister so directs, impressions with the same device as the Scottish Seal shall be taken in such manner, of such size and on such material as is specified in the direction. Each such impression— shall be known as a Wafer Scottish Seal, and shall be kept in accordance with directions of the First Minister. If a Wafer Scottish Seal has been applied to Letters Patent or a proclamation mentioned in subsection (1), the document has the same validity as if it had passed under the Scottish Seal. Provision shall be made for a register of interests of members of the Parliament and for the register to be published and made available for public inspection. Provision shall be made— requiring members of the Parliament to register in that register financial interests (including benefits in kind), as defined for the purposes of this paragraph, requiring that any member of the Parliament who has a financial interest (including benefits in kind), as defined for the purposes of this paragraph, in any matter declares that interest before taking part in any proceedings of the Parliament relating to that matter. Provision made in pursuance of subsection (2) shall include any provision which the Parliament considers appropriate for preventing or restricting the participation in proceedings of the Parliament of a member with an interest defined for the purposes of subsection (2)(a) or (b) in a matter to which the proceedings relate. Provision shall be made prohibiting a member of the Parliament from— advocating or initiating any cause or matter on behalf of any person, by any means specified in the provision, in consideration of any payment or benefit in kind of a description so specified, or urging, in consideration of any such payment or benefit in kind, any other member of the Parliament to advocate or initiate any cause or matter on behalf of any person by any such means. Any requirement or prohibition (however expressed) imposed by provision made in pursuance of subsections (2) to (4) may be subject to such exceptions as are specified in the provision. Provision may be made for— excluding a member from the proceedings of the Parliament, imposing on a member such other sanctions as the Parliament considers appropriate, if the member fails to comply with, or contravenes, any provision made in pursuance of subsections (2) to (4) or this subsection. Provision made under subsection (5) may include provision that a sanction is not to be imposed in such circumstances as are specified in the provision. Provision made under subsection (5) may include provision that the member is guilty of an offence. A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale. “provision” means provision made by or under an Act of the Scottish Parliament, references to members of the Parliament include references to the Lord Advocate and the Solicitor General for Scotland, whether or not they are such members. Proceedings by or against the Parliament shall be instituted by or (as the case may be) against the Parliamentary corporation on behalf of the Parliament. Proceedings by or against— the Presiding Officer or a deputy, or any member of the staff of the Parliament, shall be instituted by or (as the case may be) against the corporation on his behalf. In any proceedings against the Parliament, the court shall not make an order for suspension, interdict, reduction or specific performance (or other like order) but may instead make a declarator. In any proceedings against— any member of the Parliament, the Presiding Officer or a deputy, any member of the staff of the Parliament, or the Parliamentary corporation, the court shall not make an order for suspension, interdict, reduction or specific performance (or other like order) if the effect of doing so would be to give any relief against the Parliament which could not have been given in proceedings against the Parliament. References in this section to an order include an interim order. For the purposes of the law of defamation— any statement made in proceedings of the Parliament, and the publication under the authority of the Parliament of any statement, shall be absolutely privileged. In subsection (1), “statement” has the same meaning as in the Defamation Act 1996. The strict liability rule shall not apply in relation to any publication— made in proceedings of the Parliament in relation to a Bill or subordinate legislation, or to the extent that it consists of a fair and accurate report of such proceedings made in good faith. In subsection (1), “the strict liability rule” and “publication” have the same meanings as in the Contempt of Court Act 1981. There shall be a Scottish Government, whose members shall be— the First Minister, such Ministers as the First Minister may appoint under section 47, and the Lord Advocate and the Solicitor General for Scotland. The members of the Scottish Government are referred to collectively as the Scottish Ministers. A person who holds a Ministerial office may not be appointed a member of the Scottish Government ; and if a member of the Scottish Government is appointed to a Ministerial office he shall cease to hold office as a member of the Scottish Government. In subsection (3), references to a member of the Scottish Government include a junior Scottish Minister and “Ministerial office” has the same meaning as in section 2 of the House of Commons Disqualification Act 1975. The First Minister shall be appointed by Her Majesty from among the members of the Parliament and shall hold office at Her Majesty’s pleasure. The First Minister may at any time tender his resignation to Her Majesty and shall do so if the Parliament resolves that the Scottish Government no longer enjoys the confidence of the Parliament. The First Minister shall cease to hold office if a person is appointed in his place. If the office of First Minister is vacant or he is for any reason unable to act, the functions exercisable by him shall be exercisable by a person designated by the Presiding Officer. A person shall be so designated only if— he is a member of the Parliament, or if the Parliament has been dissolved, he is a person who ceased to be a member by virtue of the dissolution. Functions exercisable by a person by virtue of subsection (5)(a) shall continue to be exercisable by him even if the Parliament is dissolved. The First Minister shall be the Keeper of the Scottish Seal. If one of the following events occurs, the Parliament shall within the period allowed nominate one of its members for appointment as First Minister. The events are— the holding of a poll at a general election, the First Minister tendering his resignation to Her Majesty, the office of First Minister becoming vacant (otherwise than in consequence of his so tendering his resignation), the First Minister ceasing to be a member of the Parliament otherwise than by virtue of a dissolution. The period allowed is— the period of 28 days which begins with the day on which the event in question occurs, but— if another of those events occurs within the period allowed, that period is extended (subject to sub-paragraph (ii)) so that it ends with the period of 28 days beginning with the day on which that other event occurred, and the period ends if the Parliament passes a resolution under section 3(1)(a) or when His Majesty appoints a person as First Minister, but if the Parliament does not meet within the period of 7 days beginning immediately after the day of the poll at a general election that was held on a day proposed by the Presiding Officer in accordance with a proclamation made by His Majesty under section 2(5) or (5E), the initial period of 28 days calculated under paragraph (a) is to be extended by disregarding any days in the period subsequent to that 7 day period and before the Parliament first meets. The Presiding Officer shall recommend to Her Majesty the appointment of any member of the Parliament who is nominated by the Parliament under this section. The First Minister may, with the approval of Her Majesty, appoint Ministers from among the members of the Parliament. The First Minister shall not seek Her Majesty’s approval for any appointment under this section without the agreement of the Parliament. A Minister appointed under this section— shall hold office at Her Majesty’s pleasure, may be removed from office by the First Minister, may at any time resign and shall do so if the Parliament resolves that the Scottish Government no longer enjoys the confidence of the Parliament, if he resigns, shall cease to hold office immediately, and shall cease to hold office if he ceases to be a member of the Parliament otherwise than by virtue of a dissolution. It is for the First Minister to recommend to Her Majesty the appointment or removal of a person as Lord Advocate or Solicitor General for Scotland; but he shall not do so without the agreement of the Parliament. The Lord Advocate and the Solicitor General for Scotland may at any time resign and shall do so if the Parliament resolves that the Scottish Government no longer enjoys the confidence of the Parliament. Where the Lord Advocate resigns in consequence of such a resolution, he shall be deemed to continue in office until the warrant of appointment of the person succeeding to the office of Lord Advocate is granted, but only for the purpose of exercising his retained functions. Subsection (3) is without prejudice to section 287 of the Criminal Procedure (Scotland) Act 1995 (demission of office by Lord Advocate). Any decision of the Lord Advocate in his capacity as head of the systems of criminal prosecution and investigation of deaths in Scotland shall continue to be taken by him independently of any other person. In Schedule 2 to the House of Commons Disqualification Act 1975 (Ministerial offices) and Part III of Schedule 1 to the Ministerial and other Salaries Act 1975 (salaries of the Law Officers), the entries for the Lord Advocate and the Solicitor General for Scotland are omitted. The First Minister may, with the approval of Her Majesty, appoint persons from among the members of the Parliament to assist the Scottish Ministers in the exercise of their functions. They shall be known as junior Scottish Ministers. A junior Scottish Minister— The validity of any act of a member of the Scottish Government or junior Scottish Minister is not affected by any defect in his nomination by the Parliament or (as the case may be) in the Parliament’s agreement to his appointment. The Scottish Ministers may appoint persons to be members of the staff of the Scottish Administration. Service as— the holder of any office in the Scottish Administration which is not a ministerial office, or a member of the staff of the Scottish Administration, shall be service in the civil service of the State. See Part 1 of the Constitutional Reform and Governance Act 2010 (in particular, sections 3 and 4) for provision affecting— subsection (1), and any other enactment about the appointment of persons mentioned in subsection (2). See also section 1 of the Civil Service (Management Functions) Act 1992 under which functions conferred on the Minister for the Civil Service by section 3 of the Constitutional Reform and Governance Act 2010 may be delegated to the Scottish Ministers etc. Any salary or allowances payable to or in respect of the persons mentioned in subsection (2) (including contributions to any pension scheme) shall be payable out of the Scottish Consolidated Fund. Section 1(2) and (3) of the Superannuation Act 1972 (delegation of functions relating to civil service superannuation schemes etc.) shall have effect as if references to a Minister of the Crown (other than the Minister for the Civil Service) included the Scottish Ministers. The Scottish Ministers shall make payments to the Minister for the Civil Service, at such times as he may determine, of such amounts as he may determine in respect of— the provision of pensions, allowances or gratuities by virtue of section 1 of the Superannuation Act 1972 to or in respect of persons who are or have been in such service as is mentioned in subsection (2), and any expenses to be incurred in administering those pensions, allowances or gratuities. Amounts required for payments under subsection (7) shall be charged on the Scottish Consolidated Fund. Statutory functions may be conferred on the Scottish Ministers by that name. Statutory functions of the Scottish Ministers, the First Minister or the Lord Advocate shall be exercisable on behalf of Her Majesty. Statutory functions of the Scottish Ministers shall be exercisable by any member of the Scottish Government. Any act or omission of, or in relation to, any member of the Scottish Government shall be treated as an act or omission of, or in relation to, each of them; and any property acquired, or liability incurred, by any member of the Scottish Government shall be treated accordingly. Subsection (4) does not apply in relation to the exercise of— functions conferred on the First Minister alone, or retained functions of the Lord Advocate. In this Act, “retained functions” in relation to the Lord Advocate means— any functions exercisable by him immediately before he ceases to be a Minister of the Crown, and other statutory functions conferred on him alone after he ceases to be a Minister of the Crown. In this section, “statutory functions” means functions conferred by virtue of any enactment. The functions mentioned in subsection (2) shall, so far as they are exercisable within devolved competence, be exercisable by the Scottish Ministers instead of by a Minister of the Crown. Those functions are— those of Her Majesty’s prerogative and other executive functions which are exercisable on behalf of Her Majesty by a Minister of the Crown, other functions conferred on a Minister of the Crown by a prerogative instrument, and functions conferred on a Minister of the Crown by any pre-commencement enactment, but do not include any retained functions of the Lord Advocate. In this Act, “pre-commencement enactment” means— an Act passed before or in the same session as this Act and any other enactment made before the passing of this Act, an enactment made, before the commencement of this section, under such an Act or such other enactment, subordinate legislation under section 106, to the extent that the legislation states that it is to be treated as a pre-commencement enactment. But see sections 9, 32 and 51 of the Scotland Act 2016 (which give “pre-commencement enactment” a different meaning for functions exercisable within devolved competence by virtue of certain provisions of that Act). This section and section 54 are modified by Part III of Schedule 4. References in this Act to the exercise of a function being within or outside devolved competence are to be read in accordance with this section. It is outside devolved competence— to make any provision by subordinate legislation which would be outside the legislative competence of the Parliament if it were included in an Act of the Scottish Parliament, or to confirm or approve any subordinate legislation containing such provision. In the case of any function other than a function of making, confirming or approving subordinate legislation, it is outside devolved competence to exercise the function (or exercise it in any way) so far as a provision of an Act of the Scottish Parliament conferring the function (or, as the case may be, conferring it so as to be exercisable in that way) would be outside the legislative competence of the Parliament. A statutory provision, or any provision not contained in an enactment, which provides for a Minister of the Crown to exercise a function with the agreement of, or after consultation with, any other Minister of the Crown shall cease to have effect in relation to the exercise of the function by a member of the Scottish Government by virtue of section 53. In subsection (1) “statutory provision” means any provision in a pre-commencement enactment other than paragraph 5 or 15 of Schedule 32 to the Local Government, Planning and Land Act 1980 (designation of enterprise zones). Despite the transfer by virtue of section 53 of any function under— section 17(1) of the Ministry of Transport Act 1919 (power to make advances for certain purposes), any Order in Council under section 1 of the United Nations Act 1946 (measures to give effect to Security Council decisions), section 9 of the Industrial Organisation and Development Act 1947 (levies for scientific research, promotion of exports, etc.), section 5 of the Science and Technology Act 1965 (funding of scientific research), section 1 of the Mineral Exploration and Investment Grants Act 1972 (contributions in respect of mineral exploration), sections 10 to 12 of the Industry Act 1972 (credits and grants for construction of ships and offshore installations), sections 2, 11(3) and 12(4) of the Employment and Training Act 1973 (power to make arrangements for employment and training etc. and to make certain payments), sections 7 to 9 and 11 to 13 of the Industrial Development Act 1982 (financial and other assistance for industry), and sections 39 and 40 of the Road Traffic Act 1988 (road safety information and training), the function shall be exercisable by a Minister of the Crown as well as by the Scottish Ministers. Despite the transfer of any other function by virtue of section 53, the function shall, if subordinate legislation so provides, be exercisable (or be exercisable so far as the legislation provides) by a Minister of the Crown as well as by the Scottish Ministers. Subordinate legislation under subsection (2) may not be made so as to come into force at any time after the function in question has become exercisable by the Scottish Ministers. Any power referred to in section 53(2)(a) to establish, maintain or abolish a body, office or office-holder having functions which include both— functions which are exercisable in or as regards Scotland and do not relate to reserved matters, and other functions, shall, despite that section, be exercisable jointly by the Minister of the Crown and the Scottish Ministers. In subsection (4), “office-holder” includes employee or other post-holder. A member of the Scottish Government has no power to make any subordinate legislation, or to do any other act, so far as the legislation or act is incompatible with any of the Convention rights .... Subsection (2) does not apply to an act of the Lord Advocate— in prosecuting any offence, or in his capacity as head of the systems of criminal prosecution and investigation of deaths in Scotland, ... If the Secretary of State has reasonable grounds to believe that any action proposed to be taken by a member of the Scottish Government would be incompatible with any international obligations, he may by order direct that the proposed action shall not be taken. If the Secretary of State has reasonable grounds to believe that any action capable of being taken by a member of the Scottish Government is required for the purpose of giving effect to any such obligations, he may by order direct that the action shall be taken. In subsections (1) and (2), “action” includes making, confirming or approving subordinate legislation and, in subsection (2), includes introducing a Bill in the Parliament. If any subordinate legislation made or which could be revoked by a member of the Scottish Government contains provisions— which the Secretary of State has reasonable grounds to believe to be incompatible with any international obligations or the interests of defence or national security, or which make modifications of the law as it applies to reserved matters and which the Secretary of State has reasonable grounds to believe to have an adverse effect on the operation of the law as it applies to reserved matters, the Secretary of State may by order revoke the legislation. An order under this section must state the reasons for making the order. Property may be held by the Scottish Ministers by that name. Property acquired by or transferred to the Scottish Ministers shall belong to, and liabilities incurred by the Scottish Ministers shall be liabilities of, the Scottish Ministers for the time being. In relation to property to be acquired by or transferred to, or belonging to, the Scottish Ministers or liabilities incurred by the Scottish Ministers, references to the Scottish Ministers— in any title recorded in the Register of Sasines or registered in the Land Register of Scotland, or in any other document, shall be read in accordance with subsection (2). A document shall be validly executed by the Scottish Ministers if it is executed by any member of the Scottish Government. Subordinate legislation may provide— for the transfer to the Scottish Ministers of any property belonging to a Minister of the Crown or government department, or for the Scottish Ministers to have such rights or interests in relation to any property belonging to a Minister of the Crown or government department as the person making the legislation considers appropriate (whether in connection with a transfer or otherwise). Subordinate legislation may provide for the transfer to the Scottish Ministers of any liabilities to which a Minister of the Crown or government department is subject. Subordinate legislation under this section may only be made in connection with any transfer or sharing of functions of a Minister of the Crown by virtue of section 53, 63 or 89 or in any other circumstances in which the person making the legislation considers it appropriate to do so for the purposes of this Act or the Scotland Act 2016. Property may be held by the Lord Advocate by that name. Property acquired by or transferred to the Lord Advocate shall belong to, and liabilities incurred by the Lord Advocate shall be liabilities of, the Lord Advocate for the time being. In relation to property to be acquired by or transferred to, or belonging to, the Lord Advocate or liabilities incurred by the Lord Advocate, references to the Lord Advocate— Any rights and liabilities acquired or incurred by the First Minister shall be rights or (as the case may be) liabilities of the First Minister for the time being. for the transfer to the Lord Advocate of any property belonging to a Minister of the Crown or government department, or for the Lord Advocate to have such rights or interests in relation to any property belonging to a Minister of the Crown or government department as the person making the legislation considers appropriate (whether in connection with a transfer or otherwise). Subordinate legislation may provide for the transfer to the Lord Advocate of any liabilities to which a Minister of the Crown or government department is subject. Subordinate legislation under this section may only be made in connection with the Lord Advocate becoming a member of the Scottish Government or having any retained functions or in any other circumstances in which the person making the legislation considers it appropriate to do so for the purposes of this Act. Her Majesty may by Order in Council provide for any functions, so far as they are exercisable by a Minister of the Crown in or as regards Scotland, to be exercisable— by the Scottish Ministers instead of by the Minister of the Crown, by the Scottish Ministers concurrently with the Minister of the Crown, or by the Minister of the Crown only with the agreement of, or after consultation with, the Scottish Ministers. Where an Order is made under subsection (1)(a) or (b) in relation to a function of a Minister of the Crown which is exercisable only with the agreement of, or after consultation with, another Minister of the Crown, the function shall, unless the Order provides otherwise, be exercisable by the Scottish Ministers free from any such requirement. An Order under this section may, in particular, provide for any function exercisable by the Scottish Ministers by virtue of an Order under subsection (1)(a) or (b) to be exercisable subject to a requirement for the function to be exercised with the agreement of, or after consultation with, a Minister of the Crown or other person. The Scottish Parliament and the Scottish Government are a permanent part of the United Kingdom's constitutional arrangements. The purpose of this section is, with due regard to the other provisions of this Act, to signify the commitment of the Parliament and Government of the United Kingdom to the Scottish Parliament and the Scottish Government. In view of that commitment it is declared that the Scottish Parliament and the Scottish Government are not to be abolished except on the basis of a decision of the people of Scotland voting in a referendum. There shall be a Scottish Consolidated Fund. The Secretary of State shall from time to time make payments into the Fund out of money provided by Parliament of such amounts as he may determine. The Secretary of State shall in accordance with section 64A pay into the Fund out of money provided by Parliament any amounts payable under that section. Sums received by an office-holder in the Scottish Administration shall be paid into the Fund. Subsection (3) is subject to any provision made by or under an Act of the Scottish Parliament for the disposal of or accounting for such sums. The Treasury may, after consulting with the Scottish Ministers, by order designate receipts of any description specified in the order which are payable into the Fund (or would be but for any provision made by or under an Act of the Scottish Parliament). The Scottish Ministers shall make payments to the Secretary of State, at such times and by such methods as the Treasury may from time to time determine, of sums equal to the total amount outstanding in respect of designated receipts. Amounts required for the payment of sums under subsection (6) shall be charged on the Fund. The Fund shall be held with the Paymaster General. Where there is an agreement between the Treasury and the Scottish Ministers for identifying an amount agreed to represent the standard rate VAT attributable to Scotland for any period (“the agreed standard rate amount”), the amount described in subsection (3) is payable under this section in respect of that period. Where there is an agreement between the Treasury and the Scottish Ministers for identifying an amount agreed to represent the reduced rate VAT attributable to Scotland for that period (“the agreed reduced rate amount”), the amount described in subsection (4) is payable under this section in respect of that period. The amount payable in accordance with subsection (1) is the amount obtained by multiplying the agreed standard rate amount by— where SR is the number of percentage points in the rate at which value added tax is charged under section 2(1) of the Value Added Tax Act 1994 for the period. The amount payable in accordance with subsection (2) is the amount obtained by multiplying the agreed reduced rate amount by— where RR is the number of percentage points in the rate at which value added tax is charged under section 29A(1) of the Value Added Tax Act 1994 for the period. The payment of those amounts under section 64(2A) is to be made in accordance with any agreement between the Treasury and the Scottish Ministers as to the time of the payment or otherwise. A sum may only be paid out of the Scottish Consolidated Fund if— it has been charged on the Fund by any enactment, it is payable out of the Fund without further approval by virtue of this Act, or it is paid out for or in connection with any of the purposes mentioned in subsection (2) in accordance with rules made by or under an Act of the Scottish Parliament. Those purposes are— meeting expenditure of the Scottish Administration, meeting expenditure payable out of the Fund under any enactment. A sum paid out of the Fund shall not be applied for any purpose other than that for which it was charged or (as the case may be) paid out. Where an Act of Parliament or subordinate legislation under an Act of Parliament requires or authorises a sum to be paid into the Consolidated Fund, and the sum appears to the Secretary of State to be a fine, forfeiture or fixed penalty, the Secretary of State may with the consent of the Treasury by regulations modify the Act or subordinate legislation so as to require or authorise the sum to be paid instead into the Scottish Consolidated Fund. The Scottish Ministers may borrow from the Secretary of State— any sums required by them for the purpose of meeting a temporary excess of sums paid out of the Scottish Consolidated Fund over sums paid into that Fund, any sums required by them for the purpose of providing a working balance in the Scottish Consolidated Fund, ... any sums which in accordance with rules determined by the Treasury are required by them to meet current expenditure because of a shortfall in receipts from devolved taxes, ... from income tax charged by virtue of a Scottish rate resolution, or from amounts payable under section 64A, against forecast receipts. any sums which in accordance with rules determined by the Treasury are required by them to meet current expenditure because of an excess of welfare payments over forecast welfare payments, and any sums which in accordance with rules made by the Treasury are required by them to meet current expenditure because of a Scotland-specific negative economic shock. In subsection (1)(d) “welfare payments” means— payments under any provision relating to matters within exceptions 1 to 10 in Section F1 of Part 2 of Schedule 5 or exception 1 in Section H3 of that Part, and payments attributable to regulations made by the Scottish Ministers by virtue of section 29 or 30 of the Scotland Act 2016 (powers in relation to universal credit). The Scottish Ministers may, with the approval of the Treasury, borrow by way of loan or by the issue of bonds (but not bonds transferable by delivery) any sums required by them for the purpose of meeting capital expenditure. A sum is required for the purpose of meeting capital expenditure if the expenditure would be capital expenditure for the purposes of accounts under section 70. Amounts required for the repayment of, or the payment of interest on, sums borrowed under this section shall be charged on the Fund. Sums borrowed under this section from the Secretary of State shall be repaid to the Secretary of State at such times and by such methods, and interest on them shall be paid to him at such rates and at such times, as the Treasury may from time to time determine. A member of the Scottish Government may borrow money only under this section or under any power conferred by any other Act of Parliament. The Secretary of State may by order made with the consent of the Treasury amend subsection (1A) so as to vary the means by which the Scottish Ministers may borrow money. The Treasury may issue to the Secretary of State out of the National Loans Fund such sums as are required by him for making loans under section 66. The aggregate at any time outstanding in respect of the principal of sums borrowed under section 66(1) shall not exceed £1,910.141 million. The Secretary of State may by order made with the consent of the Treasury substitute for the amount (or substituted amount) specified in subsection (2) such ... amount as may be specified in the order. An amount substituted under subsection (3) may be more or less than the amount for which it is substituted but may not be less than £1.75 billion. Sums received by the Secretary of State under section 66(3) shall be paid into the National Loans Fund. The aggregate at any time outstanding in respect of the principal of sums borrowed under section 66(1A) shall not exceed £3,274.527 million. The Secretary of State may by order made with the consent of the Treasury substitute for the amount (or substituted amount) specified in subsection (1) such amount as may be specified in the order. An amount substituted under subsection (2) may be more or less than the amount for which it is substituted but may not be less than £3 billion. A person lending money to a member of the Scottish Government is not bound to enquire whether the member of the Scottish Government has power to borrow the money and is not to be prejudiced by the absence of any such power. The Scottish Ministers may not mortgage or charge any of their property as security for money which they have borrowed under section 66(1A). This is subject to section 66(2). Security given in breach of subsection (5) is unenforceable. If a member of the Scottish Government lends money to a body established under any enactment, the rate of interest on the loan shall not be less than the lowest rate determined by the Treasury under section 5 of the National Loans Act 1968 in respect of similar loans made out of the National Loans Fund on the day the loan is made. A body established under any enactment shall not, in pursuance of a power conferred by virtue of an Act of the Scottish Parliament, borrow money in a currency other than sterling except with the consent of the Scottish Ministers given with the approval of the Treasury. There shall be an Auditor General for Scotland who shall be an individual appointed by Her Majesty on the nomination of the Parliament. A recommendation shall not be made to Her Majesty for the removal from office of the Auditor General for Scotland unless the Parliament so resolves and, if the resolution is passed on a division, the number of members voting in favour is not less than two-thirds of the total number of seats for members of the Parliament. The validity of any act of the Auditor General for Scotland is not affected by any defect in his nomination by the Parliament. The Auditor General for Scotland shall not, in the exercise of any of his functions, be subject to the direction or control of any member of the Scottish Government or of the Parliament. Subsection (4) does not apply in relation to any function conferred on him of preparing accounts. Scottish legislation shall provide— for proper accounts to be prepared by the Scottish Ministers, by the Lord Advocate and by other persons to whom sums are paid out of the Scottish Consolidated Fund, of their expenditure and receipts, for the Scottish Ministers to prepare an account of payments into and out of the Fund, for the Auditor General for Scotland to exercise, or ensure the exercise by other persons of, the functions mentioned in subsection (2), for access by persons exercising those functions to such documents as they may reasonably require, for members of the staff of the Scottish Administration designated for the purpose to be answerable to the Parliament in respect of the expenditure and receipts of each part of the Scottish Administration, and for the publication of parliamentary accounts and of reports on such accounts and for the laying of such accounts and reports before the Parliament. The functions referred to in subsection (1)(c) are— issuing credits for the payment of sums out of the Fund, examining parliamentary accounts (which includes determining whether sums paid out of the Fund have been paid out and applied in accordance with section 65), and certifying and reporting on them, carrying out examinations into the economy, efficiency and effectiveness with which the Scottish Ministers and the Lord Advocate have used their resources in discharging their functions, and carrying out examinations into the economy, efficiency and effectiveness with which other persons determined under Scottish legislation to whom sums are paid out of the Fund have used those sums in discharging their functions.

Standing orders shall provide for the consideration by the Parliament of accounts and reports laid before it in pursuance of subsection (1)(f). Scottish legislation may make further provision for the purpose of ensuring that persons who receive sums derived from the Fund are accountable including, in particular, provision for any person to whom subsection (1)(a) does not apply to be accountable for his expenditure and receipts in respect of functions for which he receives sums derived from the Fund. Persons (other than the Auditor General for Scotland) charged with the exercise of any function mentioned in subsection (2) or other like function conferred by Scottish legislation shall not, in the exercise of that or any ancillary function, be subject to the direction or control of any member of the Scottish Government or of the Parliament. Scottish legislation may not require any cross-border public authority to prepare accounts if any other legislation requires— the authority to prepare accounts of its expenditure and receipts, and the accounts to be examined, certified and reported on by the Auditor General for Scotland, the Comptroller and Auditor General or a person appointed by either of them. Subsection (2)(b) does not apply to accounts prepared by the Auditor General for Scotland. This section does not require Scottish legislation to impose any requirement which is imposed by any other legislation. “parliamentary accounts” means— any accounts prepared in pursuance of subsection (1)(a) or (b), and any accounts referred to in subsection (6) which are required to be examined, certified and reported on by the Auditor General for Scotland or any person appointed by him, “Scottish legislation” means provision made by or under an Act of the Scottish Parliament and “other legislation” means provision made by any other enactment. Subsections (2) to (4) apply where— power to lend money under a provision of a pre-commencement enactment was exercised by the Secretary of State, the sums required by him for the exercise of the power were issued by the Treasury out of the National Loans Fund, and the power is exercisable by the Scottish Ministers by virtue of section 53, or would have been so exercisable but for the repeal of the pre-commencement enactment. Any amount payable by way of repayment of or interest on the loan shall be paid to the Scottish Ministers and into the Scottish Consolidated Fund (instead of to the Secretary of State and into the National Loans Fund). Amounts equal to those which are to be received by the Scottish Ministers in repayment of principal shall be treated as being amounts of advances made on the commencement of this section to the Scottish Ministers by the Secretary of State. Such advances shall be repaid to the Secretary of State at such times and by such methods, and interest on them shall be paid to him at such rates and at such times, as the Treasury may from time to time determine. Subsection (6) applies to any amount outstanding immediately before the commencement of this subsection in respect of the principal of the sum treated by virtue of section 2(3) of the Government Trading Funds Act 1973 as issued to the Registers of Scotland Executive Agency Trading Fund on the day on which the order establishing that fund came into force (“the issue date”). The Secretary of State may, with the agreement of the Treasury, by order provide— for the amount to be treated as an advance made by him to the Scottish Ministers on the issue date, and for the advance to be repaid to him at such times and by such methods, and for interest on the advance to be paid to him at such rates and at such times, as were determined by the Treasury under section 2B(3) of that Act in respect of the sum referred to in subsection (5). Sums required to be paid under subsection (4) or (6) shall be charged on the Scottish Consolidated Fund. Sums received under subsection (4) or (6) shall be paid into the National Loans Fund. The Secretary of State shall, for each financial year— prepare, in such form and manner as the Treasury may direct, an account of sums paid and received by him under sections 66, 67 and 71, and send the account to the Comptroller and Auditor General not later than the end of November in the following financial year, and the Comptroller and Auditor General shall examine, certify and report on the account and shall lay copies of it and of his report before each House of Parliament. In this Part— Chapter 2 confers on the Scottish Parliament power to set a rate or rates of income tax to be paid by Scottish taxpayers, and The remaining Chapters specify the taxes about which the Scottish Parliament may make provision in the exercise of the power conferred by section 28(1). The power to make provision about a devolved tax is subject to the restrictions imposed by— subsection (3), and the other provisions of this Part. A devolved tax may not be imposed where to do so would be incompatible with any international obligations. In this Act “devolved tax” means a tax specified in this Part as a devolved tax. Her Majesty may by Order in Council amend this Part so as to— specify, as an additional devolved tax, a tax of any description, or make any other modifications of the provisions relating to devolved taxes which She considers necessary or expedient. The Scottish Parliament may by resolution (a “Scottish rate resolution”) set the Scottish basic rate, and any other rates, for the purposes of section 11A of the Income Tax Act 2007 (which provides for the income of Scottish taxpayers which is charged at those rates). Where a Scottish rate resolution sets more than one rate it must also set limits or make other provision to enable it to be ascertained, for the purposes of that section, which rates apply in relation to a Scottish taxpayer. If income tax is charged at Scottish rates on the non-savings income of a Scottish taxpayer for a tax year (within the meaning of section 11A of the Income Tax Act 2007), those rates are treated for income tax purposes as if they were— Scottish rates for all non-savings income other than property income which are set for the tax year at the same rates as the Scottish rates, and separate Scottish rates for property income which are set for the tax year at the same rates as the Scottish rates, but, subject to that, a Scottish rate resolution may not provide for different rates to apply in relation to different types of income. In this Chapter a “Scottish rate” means a rate set by a Scottish rate resolution. A Scottish rate resolution applies— for only one tax year, and for the whole of that year. A Scottish rate must be a whole number or half a whole number , or zero. A Scottish rate resolution— must specify the tax year for which it applies, must be made before the start of that tax year, and must not be made more than 12 months before the start of that year. If a Scottish rate resolution is cancelled before the start of the tax year for which it is to apply— the Income Tax Acts have effect for that year as if the resolution had never been passed, and the resolution may be replaced by another Scottish rate resolution. Standing orders must provide that only a member of the Scottish Government may move a motion for a Scottish rate resolution. For any tax year, a Scottish taxpayer is an individual (T)— who is resident in the UK for income tax purposes for that year (see Schedule 45 to the Finance Act 2013), and who, for that year, meets condition A, B or C. T meets condition A if T has a close connection with Scotland (see section 80E). T meets condition B if— T does not have a close connection with England, Wales or Northern Ireland (see section 80E), and T spends more days of that year in Scotland than in any other part of the UK (see section 80F). T meets condition C if, for the whole or any part of the year, T is— a member of Parliament for a constituency in Scotland, or a member of the Scottish Parliament. Subsection (1) does not apply if T is a Welsh parliamentarian for the whole or any part of the year (see section 80DA). For the purposes of subsection (4A) and section 80DA, T is a Welsh parliamentarian if T is a member as described in paragraph (a) or (c) of section 116E(4) of the Government of Wales Act 2006 (definition of a Welsh taxpayer). In this Chapter “the UK” means the United Kingdom. An individual (T) who is a Welsh parliamentarian for the whole or any part of a tax year is a Scottish taxpayer for that tax year if— T is resident in the UK for income tax purposes for that year (see Schedule 45 to the Finance Act 2013), T meets condition C in section 80D for that year, and T meets either of the following conditions for that year. T meets the first condition if— the number of days in that year on which T is a member as described in paragraph (a) or (c) of section 80D(4), exceeds the number of days in that year on which T is a Welsh parliamentarian. T meets the second condition if— the number of days in that year mentioned in paragraphs (a) and (b) of subsection (2) are the same, and T meets condition A or B in section 80D for that year. To find whether, for any year, T has a close connection with any part of the UK see— subsection (2) (where T has only one place of residence in the UK), or subsection (3) (where T has 2 or more places of residence in the UK). T has a close connection with a part of the UK if in that year— T has only one place of residence in the UK, that place of residence is in that part of the UK, and for at least part of the year, T lives at that place. T has 2 or more places of residence in the UK, for at least part of the year, T's main place of residence in the UK is in that part of the UK, the times in the year when T's main place of residence is in that part of the UK comprise (in aggregate) more of the year than the times when T's main place of residence is in each other part of the UK (considered separately), and for at least part of the year, T lives at a place of residence in that part of the UK. In this section “place” includes a place on board a vessel or other means of transport. T spends more days of a year in Scotland than in any other part of the UK if (and only if) the number of days in the year on which T is in Scotland at the end of the day exceeds each of the following— the number of days in the year on which T is in England at the end of the day; the number of days in the year on which T is in Wales at the end of the day; the number of days in the year on which T is in Northern Ireland at the end of the day. T is treated as not being in the UK at the end of a day if— on that day T arrives in the UK as a passenger, T departs from the UK on the next day, and during the time between arrival and departure T does not engage in activities which are to a substantial extent unrelated to T's passage through the UK. The Treasury may by order modify section 11A of the Income Tax Act 2007 (income charged at Scottish rates) for the purpose of altering— the definition of the income which is charged to income tax at Scottish rates, or the application of the section in relation to a particular class of income which is so charged. The Treasury may by order modify any enactment so as to make any provision that they consider necessary or expedient in consequence of or in connection with— the powers of the Parliament under section 80C; a Scottish rate resolution. If the Treasury consider it necessary or expedient to do so, they may by order provide that— provision made by a Scottish rate resolution for a tax year, the absence of particular provision in a Scottish rate resolution for a tax year, or the absence of a Scottish rate resolution for a tax year, does not require any change in the amounts repayable or deductible under PAYE regulations between the beginning of that year and such later date as may be specified in the order. The Treasury may by order make such modifications of any enactment as they consider necessary or expedient in consequence of or in connection with an order under subsection (1), (1A) or (1B) An order under this section may, to the extent that the Treasury consider it to be appropriate, take effect retrospectively from the beginning of the tax year in which the order is made. The power under subsection (1) does not include power to provide that any income which is— savings income, or dividend income which would otherwise be charged to income tax at a rate provided for under section 13 of the Income Tax Act 2007, is income which is charged to income tax at a rate provided for under section 11A of that Act. The Scottish Ministers may reimburse any Minister of the Crown or government department for administrative expenses incurred by virtue of this Chapter at any time after the passing of the Scotland Act 2012 by the Minister or department. The Comptroller and Auditor General must for each financial year prepare a report on the matters set out in subsection (2). Those matters are— the adequacy of any of HMRC 's rules and procedures put in place, in consequence of the Scottish rate provisions, for the purpose of ensuring the proper assessment and collection of income tax charged at rates determined under those provisions, whether the rules and procedures described in paragraph (a) are being complied with, the correctness of the sums brought to account by HMRC which relate to income tax which is attributable to a Scottish rate resolution, and the accuracy and fairness of the amounts which are reimbursed to HMRC under section 80H (having been identified by it as administrative expenses incurred as a result of the charging of income tax as mentioned in paragraph (a)). The “Scottish rate provisions” are— any provision made by or under this Chapter, and any provision made by or under the Income Tax Acts relating to a Scottish rate. A report under this section may also include an assessment of the economy, efficiency and effectiveness with which HMRC has used its resources in carrying out relevant functions. “Relevant functions” are functions of HMRC in the performance of which HMRC incurs administrative expenses which are reimbursed to HMRC under section 80H (having been identified by it as administrative expenses incurred as a result of the charging of income tax as mentioned in subsection (2)(a)). HMRC must give the Comptroller and Auditor General such information as the Comptroller and Auditor General may reasonably require for the purposes of preparing a report under this section. A report prepared under this section must be laid before the Scottish Parliament not later than 31 January of the financial year following that to which the report relates. In this section “HMRC” means Her Majesty's Revenue and Customs. A tax charged on any of the following transactions is a devolved tax— the acquisition of an estate, interest, right or power in or over land in Scotland; the acquisition of the benefit of an obligation, restriction or condition affecting the value of any such estate, interest, right or power. The tax may be chargeable— whether or not there is any instrument effecting the transaction, if there is such an instrument, regardless of where it is executed, and regardless of where any party to the transaction is or is resident. Tax may not be imposed under section 80I on so much of a transaction as relates to land below mean low water mark. The following persons are not to be liable to pay a tax imposed under section 80I— Government A Minister of the Crown The Scottish Ministers A Northern Ireland department The Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Assembly Government Parliament etc The Corporate Officer of the House of Lords The Corporate Officer of the House of Commons The Scottish Parliamentary Corporate Body The Northern Ireland Assembly Commission The National Assembly for Wales Commission The National Assembly for Wales. A tax charged on disposals to landfill made in Scotland is a devolved tax. A disposal is a disposal to landfill if— it is a disposal of material as waste, and it is made by way of landfill. A tax charged on the carriage of passengers by air from airports in Scotland is a devolved tax. A tax which is charged on aggregate when it is subjected to commercial exploitation in Scotland is a devolved tax. The tax must not be chargeable when aggregate is subjected to commercial exploitation for fuel. Aggregate is subjected to commercial exploitation for fuel— when the aggregate is used as fuel; when the aggregate is subjected to commercial exploitation for the purpose of extracting or producing anything capable of being used as fuel; when the aggregate becomes subject to an agreement to use it as mentioned in paragraph (a) or to subject it to commercial exploitation as mentioned in paragraph (b). A tax to which subsection (2) applies is a devolved tax. This subsection applies to taxes on the owners, occupiers or users of wild fisheries, or on the owners or occupiers of the right to fish in wild fisheries, to fund expenditure in respect of— the conservation of freshwater fish and their habitats, or the management or regulation of wild fisheries. For the purposes of subsection (2)— “freshwater fish” includes fish that migrate between freshwater and other waters; “wild fishery” means a fishery for freshwater fish, within the limit of 5 kilometres seaward from mean low water springs, that is not a fish farm; “fish farm”— means a pond, stew, hatchery or other place used for keeping, with a view to their sale or to their transfer to other waters (including another fish farm), live fish, live eggs of fish, or foodstuff of fish, and includes any buildings used in connection with a place mentioned in paragraph (a) and the banks and margins of any water in such a place. This subsection applies to a tax charged, for the purpose of meeting any building safety expenditure, in respect of— an application made in connection with the building control process, the issuing or submission of a document in connection with the building control process, or the taking of any other step in connection with the building control process. In subsection (2), “building safety expenditure” means expenditure incurred (whether before or after the coming into force of this section) for the purposes of improving the safety of persons in or about buildings in Scotland. For the purposes of subsection (2), a thing is done in connection with the building control process if it is done in connection with ensuring that the design, construction, demolition or conversion of a relevant building or proposed relevant building complies with a statutory requirement that is designed to secure the safety of persons in or about buildings in Scotland. “relevant building” means a building in Scotland consisting of or containing— one or more dwellings, or other accommodation, (and “accommodation” here includes temporary accommodation, for example in a hotel or hospital); “statutory requirement” means a requirement imposed by or under an Act of Parliament or an Act of the Scottish Parliament. The Parliament shall make provision for the payment of salaries to members of the Parliament and members of the Scottish Government. The Parliament may make provision for the payment of allowances to members of the Parliament or members of the Scottish Government. The Parliament may make provision for the payment of pensions, gratuities or allowances to, or in respect of, any person who— has ceased to be a member of the Parliament or the Scottish Government, or has ceased to hold such office, employment or other post in connection with the Parliament or the Scottish Government as the Parliament may determine but continues to be a member of the Parliament or the Scottish Government. Such provision may, in particular, include provision for— contributions or payments towards provision for such pensions, gratuities or allowances, the establishment and administration (whether by the Parliamentary corporation or otherwise) of one or more pension schemes. In this section “provision” includes provision— by an Act of the Scottish Parliament, or by a resolution of the Parliament conferring functions on the Parliamentary corporation; and references to a member of the Scottish Government include a junior Scottish Minister. The Parliament shall ensure that the amount of salary payable to a member of the Parliament in accordance with section 81 is reduced if any salary is payable to him— pursuant to a resolution (or combination of resolutions) of the House of Lords relating to the remuneration of members of that House, ... The Parliament shall ensure that the amount of salary is reduced— to a particular proportion of what it would otherwise be or to a particular amount, or by the amount of any salary payable to the member as mentioned in subsection (1)(a), by a particular proportion of that amount or by some other particular amount. The Parliament is to make no payment of salary to a member of the Parliament in accordance with section 81(1) in respect of any period in which the member is or was also a member of the House of Commons. Subsection (2A) does not apply to any salary payable to a member of the Parliament under section 81(1) in their capacity as— a Minister or junior Scottish Minister, the Lord Advocate or Solicitor General for Scotland, the Presiding Officer or a Deputy Presiding Officer. The Parliament must ensure that the amount of salary payable to a member of the Parliament in accordance with section 81(1) is reduced by the amount specified in subsection (2D) if remuneration is also payable to the member in respect of the same period under regulations made under section 11(1) of the Local Governance (Scotland) Act 2004 (“the 2004 Act”). The amount of the reduction for the purposes of subsection (2C) is the amount specified as payable to a councillor (who is not designated the Leader of the Council, the Civic Head or a senior councillor) by regulations made under section 11(1) of the 2004 Act. The Parliament shall ensure that information concerning sums paid as salaries, allowances, pensions or gratuities of the kind mentioned in section 81 is published for each financial year. No payment of salary or allowances of the kind mentioned in section 81(1) or (2) shall be made to a person who is required by section 84 to take an oath unless he has done so. Subsection (2) does not affect any entitlement to payments in respect of the period before the person concerned took the oath once he has done so. For the purposes of sections 81 and 82, a person who is a member of the Parliament immediately before the Parliament is dissolved shall be treated— if he continues to hold office by virtue of section 19(2) or paragraph 1 of Schedule 2, as if he were such a member until the end of the day on which he ceases to hold such office, and if he does not fall within paragraph (a) but is nominated as a candidate at the subsequent general election, as if he were such a member until the end of the day on which the election is held. Different provision may be made under section 81 or 82 for different cases. A person who is returned as a member of the Parliament shall take the oath of allegiance (whether or not he has taken the oath after being returned on a previous occasion or otherwise than as a member of the Parliament). He shall do so at a meeting of the Parliament and shall not take part in any other proceedings of the Parliament until he has done so. If he has not done so within the period of two months beginning with the day on which he was returned, or such longer period as the Parliament may have allowed before the end of that period, he shall cease to be a member of the Parliament (so that his seat is vacant). Each member of the Scottish Government shall on appointment— take the official oath in the form provided by the Promissory Oaths Act 1868, and take the oath of allegiance. Each junior Scottish Minister shall on appointment take the oath of allegiance. Subsections (4) and (5) do not require a member of the Parliament to take the oath of allegiance again if he has already done so in compliance with his duty as a member. In this section, references to taking the oath of allegiance are to taking it in the form provided by the Promissory Oaths Act 1868. In Part III of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (persons excusable as of right from jury service), after the entries in Group A there is inserted— members of the Scottish Parliament; members of the Scottish Government; and junior Scottish Ministers. In Schedule 2 to the House of Commons Disqualification Act 1975 (Ministerial offices) and Part III of Schedule 1 to the Ministerial and other Salaries Act 1975 (salaries of the Law Officers), after the entry for the Solicitor General there is inserted— Advocate General for Scotland The validity of anything done in relation to the Advocate General is not affected by a vacancy in that office. If that office is vacant or the Advocate General is for any reason unable to act, his functions shall be exercisable by such other Minister of the Crown as the Prime Minister may determine in writing. Sections 53 and 118 to 121 shall not apply in relation to any function which is specifically exercisable in relation to a cross-border public authority; and section 118 shall not apply in relation to any function of such an authority. A Minister of the Crown shall consult the Scottish Ministers before he exercises, in relation to a cross-border public authority, any specific function— which relates to any appointment or removal of the cross-border public authority concerned or of any members or office-holders of the cross-border public authority concerned, or whose exercise might affect Scotland otherwise than wholly in relation to reserved matters. Any cross-border public authority or other person which is required by a pre-commencement enactment or a prerogative instrument to lay any report relating to a cross-border public authority before Parliament or either House of Parliament shall also lay the report before the Scottish Parliament. Subsections (1) to (3) are subject to any Order in Council made under section 89. In this Act “cross-border public authority” means any body, government department, office or office-holder specified in an Order in Council made by Her Majesty under this section. Such an Order may only specify a body, government department, office or office-holder which (at the time when the Order is made) has, in addition to other functions, functions which are exercisable in or as regards Scotland and do not relate to reserved matters. “office-holder” includes employee or other post-holder, “report” includes accounts and any statement. Her Majesty may by Order in Council make such provision in relation to a cross-border public authority as She considers necessary or expedient in consequence of this Act. Such provision may, in particular, include provision— modifying any function of a cross-border public authority or of a Minister of the Crown in relation to such an authority, conferring any function on a cross-border public authority or on a Minister of the Crown or the Scottish Ministers in relation to such an authority, modifying the constitution of a cross-border public authority, modifying the application of section 56(4) or 88(1), (2) or (3), for any function to be exercisable by the Scottish Ministers instead of by a Minister of the Crown, or by the one concurrently with the other, or by both jointly or by either with the agreement of or after consultation with the other, apportioning any assets or liabilities, imposing, or enabling the imposition of, any limits or other restrictions in addition to or in substitution for existing limits or restrictions, providing for sums to be charged on or payable out of, or paid into, the Scottish Consolidated Fund (instead of or in addition to payments into or out of the Consolidated Fund or the National Loans Fund or out of money provided by Parliament), requiring payments, with or without interest, to a Minister of the Crown or into the Consolidated Fund or National Loans Fund. No recommendation shall be made to Her Majesty in Council to make an Order under this section unless the cross-border public authority concerned has been consulted. This section applies if an Act of the Scottish Parliament provides for any functions of a cross-border public authority to be no longer exercisable in or as regards Scotland. Her Majesty may by Order in Council provide— for the transfer of any property to which this section applies, or for any person to have such rights or interests in relation to any property to which this section applies as Her Majesty considers appropriate (whether in connection with a transfer or otherwise). This section applies to property belonging to the cross-border public authority concerned which appears to Her Majesty— to be held or used wholly or partly for or in connection with the exercise of any of the functions concerned, or not to be within paragraph (a) but, when last held or used for or in connection with the exercise of any function, to have been so held or used for or in connection with the exercise of any of the functions concerned. Her Majesty may by Order in Council provide for the transfer of any liabilities— to which the cross-border public authority concerned is subject, and which appear to Her Majesty to have been incurred wholly or partly for or in connection with the exercise of any of the functions concerned. A Minister of the Crown must not exercise without the agreement of the Scottish Ministers functions relating to selection for a particular appointment by which— a person is to become a member of the BBC Trust and hold a Scottish post, or an existing member of the Trust is to hold a Scottish post. “Scottish post” means a position, held as a member of the Trust, with specific reference to Scotland. The Treasury may make a scheme transferring on the transfer date all the existing Scottish functions of the Crown Estate Commissioners (“ the Commissioners ”) to the Scottish Ministers or a person nominated by the Scottish Ministers (“ the transferee ”). The existing Scottish functions are the Commissioners' functions relating to the part of the Crown Estate that, immediately before the transfer date, consists of— property, rights or interests in land in Scotland, excluding property, rights or interests mentioned in subsection (3), and rights in relation to the Scottish zone. Where immediately before the transfer date part of the Crown Estate consists of property, rights or interests held by a limited partnership registered under the Limited Partnerships Act 1907, subsection (2)(a) excludes— the property, rights or interests, and any property, rights or interests in, or in a member of, a partner in the limited partnership. Functions relating to rights within subsection (2)(b) are to be treated for the purposes of this Act as exercisable in or as regards Scotland. The property, rights and interests to which the existing Scottish functions relate must continue to be managed on behalf of the Crown. That does not prevent the disposal of property, rights or interests for the purposes of that management. Subsection (5) also applies to property, rights or interests acquired in the course of that management (except revenues to which section 1(2) of the Civil List Act 1952 applies). The property, rights and interests to which subsection (5) applies must be maintained as an estate in land or as estates in land managed separately (with any proportion of cash or investments that seems to the person managing the estate to be required for the discharge of functions relating to its management). The scheme may specify any property, rights or interests that appear to the Treasury to fall within subsection (2)(a) or (b), without prejudice to the functions transferred by the scheme. The scheme must provide for the transfer to the transferee of designated rights and liabilities of the Commissioners in connection with the functions transferred. The scheme must include provision to secure that the employment of any person in Crown employment (within the meaning of section 191 of the Employment Rights Act 1996) is not adversely affected by the transfer. The scheme must include such provision as the Treasury consider necessary or expedient— in the interests of defence or national security, in connection with access to land for the purposes of telecommunications, or with other matters falling within Section C10 in Part 2 of Schedule 5, for securing that the management of property, rights or interests to which subsection (5) applies does not conflict with the exploitation of resources falling within Section D2 in Part 2 of Schedule 5, or with other reserved matters in connection with their exploitation, and for securing consistency, in the interests of consumers, in the management of property, rights or interests to which subsection (5) applies and of property, rights or interests to which the Commissioners' functions other than the existing Scottish functions relate, so far as it affects the transmission or distribution of electricity or the provision or use of electricity interconnectors. Any transfer by the scheme is subject to any provision under subsection (12). The scheme may include— incidental, supplemental and transitional provision; consequential provision, including provision amending an enactment, instrument or other document; provision conferring or imposing a function on any person including any successor of the transferee; provision for the creation of new rights or liabilities in relation to the functions transferred. On the transfer date, the existing Scottish functions and the designated rights and liabilities are transferred and vest in accordance with the scheme. A certificate by the Treasury that anything specified in the certificate has vested in any person by virtue of the scheme is conclusive evidence for all purposes. The Treasury may make a scheme under this section only with the agreement of the Scottish Ministers. The power to make a scheme under this section is exercisable by statutory instrument. The power to amend the scheme is exercisable so as to provide for an amendment to have effect from the transfer date. “ designated ” means specified in or determined in accordance with the scheme; “ the transfer date ” means a date specified by the scheme as the date on which the scheme is to have effect. The Secretary of State must consult the Scottish Ministers before— establishing a renewable electricity incentive scheme that applies in Scotland, or amending such a scheme as it relates to Scotland. Subsection (1) does not apply to amendments that appear to the Secretary of State to be minor or made only for technical or administrative reasons; and the Secretary of State is not to be taken to establish or amend a scheme by exercising a power under a scheme, other than a power that is exercisable subject to any parliamentary procedure. Subsection (1) does not require the Secretary of State to consult the Scottish Ministers about any levy in connection with a renewable electricity incentive scheme. In this section a “renewable electricity incentive scheme” means any scheme, whether statutory or otherwise, that provides an incentive to generate, or facilitate the generation of, electricity from sources of energy other than fossil fuel or nuclear fuel. This includes provision made by or under the following so far as they relate to the generation of electricity from sources of energy other than fossil fuel or nuclear fuel— sections 6 to 26 of the Energy Act 2013 (contracts for difference); sections 41 to 43 of the Energy Act 2008 (feed-in tariffs for small-scale generation of electricity); sections 32 to 32Z2 of the Electricity Act 1989 (renewables obligations or certificate purchase obligations). Where, before the commencement of this section, the Secretary of State has consulted, or is consulting, the Scottish Ministers regarding a renewable electricity incentive scheme, that consultation is to be treated as fulfilling the obligation in subsection (1). The Parliament shall make provision for the investigation of relevant complaints made to its members in respect of any action taken by or on behalf of— a member of the Scottish Government in the exercise of functions conferred on the Scottish Ministers, or any other office-holder in the Scottish Administration. For the purposes of subsection (1), a complaint is a relevant complaint if it is a complaint of a kind which could be investigated under the Parliamentary Commissioner Act 1967 if it were made to a member of the House of Commons in respect of a government department or other authority to which that Act applies. The Parliament may make provision for the investigation of complaints in respect of— any action taken by or on behalf of an office-holder in the Scottish Administration, any action taken by or on behalf of the Parliamentary corporation, any action taken by or on behalf of a Scottish public authority with mixed functions or no reserved functions, or any action concerning Scotland and not relating to reserved matters which is taken by or on behalf of a cross-border public authority. In making provision of the kind required by subsection (1), the Parliament shall have regard (among other things) to the Act of 1967. Sections 53 and 117 to 121 shall not apply in relation to functions conferred by or under the Act of 1967. “action” includes failure to act (and related expressions shall be read accordingly), “provision” means provision by an Act of the Scottish Parliament; and the references to the Act of 1967 are to that Act as it has effect on the commencement of this section. There shall be a Queen’s Printer for Scotland who shall— exercise the Queen’s Printer functions in relation to Acts of the Scottish Parliament and subordinate legislation (other than Scottish statutory instruments) to which this section applies, and exercise any other functions conferred on her by this Act or any other enactment. In subsection (1), “the Queen’s Printer functions” means the printing functions in relation to Acts of Parliament and subordinate legislation of the Queen’s Printer of Acts of Parliament. The Queen’s Printer for Scotland shall also on behalf of Her Majesty exercise Her rights and privileges in connection with— Crown copyright in Acts of the Scottish Parliament, Crown copyright in subordinate legislation to which this section applies, Crown copyright in any existing or future works (other than subordinate legislation) made in the exercise of a function which is exercisable by any office-holder in, or member of the staff of, the Scottish Administration (or would be so exercisable if the function had not ceased to exist), other copyright assigned to Her Majesty in works made in connection with the exercise of functions by any such office-holder or member. This section applies to subordinate legislation made, confirmed or approved— by a member of the Scottish Government, by a Scottish public authority with mixed functions or no reserved functions, or within devolved competence by a person other than a Minister of the Crown or such a member or authority. If, following an alteration such as is mentioned in section 30(5)— subordinate legislation is made, confirmed or approved under a provision which continues to have effect by virtue of section 30(6), and the making, confirmation or approval would be within devolved competence but for the alteration, the subordinate legislation is to be regarded for the purposes of this section as being made, confirmed or approved within devolved competence. The Queen’s Printer of Acts of Parliament shall hold the office of Queen’s Printer for Scotland. References in this Act to a Scottish public authority include the Queen’s Printer for Scotland. A Minister of the Crown may make arrangements for any of his specified functions to be exercised on his behalf by the Scottish Ministers; and the Scottish Ministers may make arrangements for any of their specified functions to be exercised on their behalf by a Minister of the Crown. An arrangement under this section does not affect a person’s responsibility for the exercise of his functions. The collection and management of a devolved tax is a specified function of the Scottish Ministers. “functions” does not include a function of making, confirming or approving subordinate legislation, “Minister of the Crown” includes government department, “specified” (subject to subsection (2A) means specified in an Order in Council made by Her Majesty under this subsection; and this section applies to the Lord Advocate as it applies to the Scottish Ministers. This section applies where a pre-commencement enactment makes provision which has the effect of— requiring any order to be confirmed by Act of Parliament, or requiring any order (within the meaning of the Statutory Orders (Special Procedure) Act 1945) to be subject to special parliamentary procedure, and power to make, confirm or approve the order in question is exercisable by the Scottish Ministers by virtue of section 53. The provision shall have effect, so far as it relates to the exercise of the power to make, confirm or approve the order by virtue of section 53, as if it required the order— to be confirmed by an Act of the Scottish Parliament, or (as the case may be) to be subject to such special procedure as may be provided by or under such an Act. It shall continue to be for the Prime Minister to recommend to Her Majesty the appointment of a person as Lord President of the Court of Session or Lord Justice Clerk. The Prime Minister shall not recommend to Her Majesty the appointment of any person who has not been nominated by the First Minister for such appointment. Before nominating persons for such appointment the First Minister shall consult the Lord President and the Lord Justice Clerk (unless, in either case, the office is vacant). It is for the First Minister, after consulting the Lord President, to recommend to Her Majesty the appointment of a person as— a judge of the Court of Session (other than the Lord President or the Lord Justice Clerk), or a sheriff principal or a sheriff. The First Minister shall comply with any requirement in relation to— a nomination under subsection (2), or a recommendation under subsection (4), imposed by virtue of any enactment. A judge of the Court of Session and the Chairman of the Scottish Land Court may be removed from office only by Her Majesty; and any recommendation to Her Majesty for such removal shall be made by the First Minister. The First Minister shall make such a recommendation if (and only if) the Parliament, on a motion made by the First Minister, resolves that such a recommendation should be made. Provision shall be made for a tribunal constituted by the First Minister to investigate and report on whether a judge of the Court of Session or the Chairman of the Scottish Land Court is unfit for office by reason of inability, neglect of duty or misbehaviour and for the report to be laid before the Parliament. Such provision shall include provision— for the constitution of the tribunal by the First Minister when requested by the Lord President to do so and in such other circumstances as the First Minister thinks fit, and for the appointment to chair the tribunal of a member of the Judicial Committee of the Privy Council who holds or has held high judicial office, and may include provision for suspension from office. The First Minister may make a motion under subsection (7) only if— he has received from a tribunal constituted in pursuance of subsection (8) a written report concluding that the person in question is unfit for office by reason of inability, neglect of duty or misbehaviour and giving reasons for that conclusion, where the person in question is the Lord President or the Lord Justice Clerk, he has consulted the Prime Minister, and he has complied with any other requirement imposed by virtue of any enactment. In subsections (8) to (10)— “ high judicial office ” has the meaning given by section 60 of the Constitutional Reform Act 2005, “provision” means provision by or under an Act of the Scottish Parliament, “tribunal” means a tribunal of at least three persons. The Treasury may require the Scottish Ministers to provide, within such period as the Treasury may reasonably specify, such information, in such form and prepared in such manner, as the Treasury may reasonably specify. If the information is not in their possession or under their control, their duty under subsection (1) is to take all reasonable steps to comply with the requirement. The Office for Budget Responsibility has a right of access at any reasonable time to all Scottish public finances information which it may reasonably require for the purpose of the performance of its duty under section 4 of the Budget Responsibility and National Audit Act 2011 (duty to examine and report on the sustainability of the public finances). The Office is entitled to require from any person holding or accountable for any Scottish public finances information any assistance or explanation which the Office reasonably thinks necessary for that purpose. “Scottish public finances information” means information held by the Scottish Ministers or by any Scottish public authority specified in regulations made by the Secretary of State. This section is subject to any enactment or rule of law which operates to prohibit or restrict the disclosure of information or the giving of any assistance or explanation. The Parliament may by resolution make provision for payments to be made to registered political parties for the purpose of assisting members of the Parliament who are connected with the parties to perform their Parliamentary duties. A resolution under subsection (1) may— confer functions on the Parliamentary corporation, determine, or make provision for determining, the circumstances in which a member of the Parliament and a registered political party are to be regarded for the purposes of the resolution as connected, make different provision for different purposes. Schedule 6 (which makes provision in relation to devolution issues) shall have effect. Rights and liabilities may arise between the Crown in right of Her Majesty’s Government in the United Kingdom and the Crown in right of the Scottish Administration by virtue of a contract, by operation of law or by virtue of an enactment as they may arise between subjects. Property and liabilities may be transferred between the Crown in one of those capacities and the Crown in the other capacity as they may be transferred between subjects; and they may together create, vary or extinguish any property or liability as subjects may. Proceedings in respect of— any property or liabilities to which the Crown in one of those capacities is entitled or subject under subsection (1) or (2), or the exercise of, or failure to exercise, any function exercisable by an office-holder of the Crown in one of those capacities, may be instituted by the Crown in either capacity; and the Crown in the other capacity may be a separate party in the proceedings. This section applies to a unilateral obligation as it applies to a contract. “office-holder”, in relation to the Crown in right of Her Majesty’s Government in the United Kingdom, means any Minister of the Crown or other office-holder under the Crown in that capacity and, in relation to the Crown in right of the Scottish Administration, means any office-holder in the Scottish Administration, “subject” means a person not acting on behalf of the Crown.

This Act does not enable a person— to bring any proceedings in a court or tribunal on the ground that an act is incompatible with the Convention rights, or to rely on any of the Convention rights in any such proceedings, unless he would be a victim for the purposes of Article 34 of the Convention (within the meaning of the Human Rights Act 1998) if proceedings in respect of the act were brought in the European Court of Human Rights. Subsection (1) does not apply to the Lord Advocate, the Advocate General, the Attorney General , the Advocate General for Northern Ireland or the Attorney General for Northern Ireland. This Act does not enable a court or tribunal to award any damages in respect of an act which is incompatible with any of the Convention rights which it could not award if section 8(3) and (4) of the Human Rights Act 1998 applied. 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 Convention rights. Proceedings to which this subsection applies must be brought before the end of— the period of one year beginning with the date on which the act complained of took place, or 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. Subsection (3B) does not apply to proceedings brought by the Lord Advocate, the Advocate General, the Attorney General, the Attorney General for Northern Ireland or the Advocate General for Northern Ireland. 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 a failure to make legislation). In subsection (3B) “ rule ” has the same meaning as it has in section 7(5) of the Human Rights Act 1998. ... Subject to subsection (3D),in this section “act” means— making any legislation, any other act or failure to act, if it is the act or failure of a member of the Scottish Government. This section applies to— any provision of an Act of the Scottish Parliament, or of a Bill for such an Act, and any provision of subordinate legislation made, confirmed or approved, or purporting to be made, confirmed or approved, by a member of the Scottish Government, which could be read in such a way as to be outside competence. Such a provision is to be read as narrowly as is required for it to be within competence, if such a reading is possible, and is to have effect accordingly. In this section “competence”— in relation to an Act of the Scottish Parliament, or a Bill for such an Act, means the legislative competence of the Parliament, and in relation to subordinate legislation, means the powers conferred by virtue of this Act. This section applies where any court or tribunal decides that— an Act of the Scottish Parliament or any provision of such an Act is not within the legislative competence of the Parliament, or a member of the Scottish Government does not have the power to make, confirm or approve a provision of subordinate legislation that he has purported to make, confirm or approve , or any other purported exercise of a function by a member of the Scottish Government was outside devolved competence. The court or tribunal may make an order— removing or limiting any retrospective effect of the decision, or suspending the effect of the decision for any period and on any conditions to allow the defect to be corrected. In deciding whether to make an order under this section, the court or tribunal shall (among other things) have regard to the extent to which persons who are not parties to the proceedings would otherwise be adversely affected. Where a court or tribunal is considering whether to make an order under this section, it shall order intimation of that fact to be given to— the Lord Advocate, and the appropriate law officer, where the decision mentioned in subsection (1) relates to a devolution issue (within the meaning of Schedule 6), or to a compatibility issue, unless the person to whom the intimation would be given is a party to the proceedings. A person to whom intimation is given under subsection (4) may take part as a party in the proceedings so far as they relate to the making of the order. Where the decision mentioned in subsection (1) is a decision of the Supreme Court on a compatibility issue, the power to make an order under this section is exercisable by the High Court of Justiciary instead of the Supreme Court. Paragraphs 36 and 37 of Schedule 6 apply with necessary modifications for the purposes of subsections (4) and (5) as they apply for the purposes of that Schedule. “ compatibility issue ” has the meaning given by section 288ZA of the Criminal Procedure (Scotland) Act 1995, “intimation” includes notice, “the appropriate law officer” means— in relation to proceedings in Scotland, the Advocate General, in relation to proceedings in England and Wales, the Attorney General, in relation to proceedings in Northern Ireland, the Advocate General for Northern Ireland. Subordinate legislation may make such provision as the person making the legislation considers necessary or expedient in consequence of any provision made by or under any Act of the Scottish Parliament or made by legislation mentioned in subsection (2). The legislation is subordinate legislation under an Act of Parliament made by— a member of the Scottish Government, a Scottish public authority with mixed functions or no reserved functions, or any other person (not being a Minister of the Crown) if the function of making the legislation is exercisable within devolved competence. Subordinate legislation may make such modifications in any pre-commencement enactment or prerogative instrument or any other instrument or document as appear to the person making the legislation necessary or expedient in consequence of this Act. Subordinate legislation may make such provision (including, in particular, provision modifying a function exercisable by a Minister of the Crown) as the person making the legislation considers appropriate for the purpose of enabling or otherwise facilitating the transfer of a function to the Scottish Ministers by virtue of section 53 or 63. Subordinate legislation under subsection (1) may, in particular, provide for any function which— is not exercisable separately in or as regards Scotland to be so exercisable, or is not otherwise exercisable separately within devolved competence to be so exercisable. The reference in subsection (1) to the transfer of a function to the Scottish Ministers shall be read as including the sharing of a function with the Scottish Ministers or its other adaptation. No recommendation shall be made to Her Majesty in Council to make, and no Minister of the Crown shall make, subordinate legislation under this section which modifies a function of observing or implementing an obligation mentioned in subsection (5) unless the Scottish Ministers have been consulted about the modification. The obligation is an international obligation, or an assimilated obligation, to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise), where the quantity relates to the United Kingdom (or to an area including the United Kingdom or to an area consisting of a part of the United Kingdom which includes the whole or part of Scotland). If subordinate legislation under this section modifies a function of observing or implementing such an international obligation so that the function to be transferred to the Scottish Ministers relates only to achieving so much of the result to be achieved under the obligation as is specified in the legislation, references in section 58 to the international obligation are to be read as references to the requirement to achieve that much of the result. Subordinate legislation may make such provision as the person making the legislation considers necessary or expedient in consequence of— an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament which is not, or may not be, within the legislative competence of the Parliament, or any purported exercise by a member of the Scottish Government of his functions which is not, or may not be, an exercise or a proper exercise of those functions. Her Majesty may by Order in Council provide for any functions exercisable by a member of the Scottish Government to be exercisable— by a Minister of the Crown instead of by the member of the Scottish Government, by a Minister of the Crown concurrently with the member of the Scottish Government, or by the member of the Scottish Government only with the agreement of, or after consultation with, a Minister of the Crown. Where an Order is made under subsection (1)(a) or (b) in relation to a function of the Scottish Ministers, the First Minister or the Lord Advocate which is exercisable only with the agreement of, or after consultation with, any other of those persons, the function shall, unless the Order provides otherwise, be exercisable by the Minister of the Crown free from any such requirement. An Order under this section may, in particular, provide for any function exercisable by a Minister of the Crown by virtue of an Order under subsection (1)(a) or (b) to be exercisable subject to a requirement for the function to be exercised with the agreement of, or after consultation with, another person. This section does not apply to any retained functions of the Lord Advocate which fall within section 52(6)(a). for the transfer to a Minister of the Crown or government department of any property belonging to the Scottish Ministers or the Lord Advocate, or for a Minister of the Crown or government department to have such rights or interests in relation to any property belonging to the Scottish Ministers or the Lord Advocate as Her Majesty considers appropriate (whether in connection with a transfer or otherwise). Her Majesty may by Order in Council provide for the transfer to a Minister of the Crown or government department of any liabilities to which the Scottish Ministers or the Lord Advocate are subject. An Order in Council under this section may only be made in connection with any transfer or sharing of functions of a member of the Scottish Government by virtue of section 108 or in any other circumstances in which Her Majesty considers it appropriate to do so for the purposes of this Act. The Secretary of State may by order provide for individuals of any description specified in the order to be treated for the purposes of any of the matters that are reserved matters by virtue of Head F of Part II of Schedule 5 as if they were, or were not, Scottish taxpayers. The Secretary of State may by order provide in relation to any year of assessment that, for those purposes, the basic rate in relation to the income of Scottish taxpayers shall be treated as being such rate as is specified in the order (instead of the rate increased or reduced for that year by virtue of any resolution of the Parliament in pursuance of section 73 passed after the beginning of the year). An order under this section may apply in respect of any individuals whether Scotland is the part of the United Kingdom with which they have the closest connection or not. In this section “Scottish taxpayer” has the same meaning as in Part IV. Her Majesty may by Order in Council make provision for or in connection with the conservation, management and exploitation of salmon, trout, eels, lampreys, smelt, shad and freshwater fish in the Border rivers. An Order under subsection (1) may— exclude the application of section 53 in relation to any Border rivers function, confer power to make subordinate legislation. In particular, provision may be made by such an Order— conferring any function on a Minister of the Crown, the Scottish Ministers or a public body in relation to the Border rivers, for any Border rivers function exercisable by any person to be exercisable instead by a person (or another person) mentioned in paragraph (a), for any Border rivers function exercisable by any person to be exercisable concurrently or jointly with, or with the agreement of or after consultation with, a person (or another person) mentioned in paragraph (a). “the Border rivers” means the Rivers Tweed and Esk, “Border rivers function” means a function conferred by any enactment, so far as exercisable in relation to the Border rivers, “conservation”, in relation to salmon, trout, eels, lampreys, smelt, shad and freshwater fish, includes the protection of their environment, “eels”, “fish”, “freshwater fish”, “salmon”, “smelt” and “trout” have the same meanings as in the Salmon and Freshwater Fisheries Act 1975 (as amended by the Marine and Coastal Access Act 2009), “the River Tweed” means the Tweed district (as defined in article 2(1) of the Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913)). “the River Esk” means the river of that name which, for part of its length, constitutes the border between England and Scotland including— its tributary streams (which for this purpose include the River Sark and its tributary streams), and such waters on the landward side of its estuary limits as are determined by an Order under subsection (1), together with its banks; and references to the Border rivers include any part of the Border rivers. An Order under subsection (1) may modify the definitions in subsection (4) of the River Tweed and the River Esk. An Order under subsection (1) may amend that subsection so as to— add any description of fish to it, or remove any description of fish from it. Any power to make subordinate legislation conferred by this Act shall, if no other provision is made as to the person by whom the power is exercisable, be exercisable by Her Majesty by Order in Council or by a Minister of the Crown by order. But the power to make subordinate legislation under section 129(1) providing— for the appropriation of sums forming part of the Scottish Consolidated Fund, or for sums received by any person to be appropriated in aid of sums appropriated as mentioned in paragraph (a), shall be exercisable only by Her Majesty by Order in Council. References in this Act to an open power are to a power to which subsection (1) applies (and include a power to make subordinate legislation under section 129(1) whether or not the legislation makes provision as mentioned in subsection (2)). An Order in Council under an open power may revoke, amend or re-enact an order, as well as an Order in Council, under the power; and an order under an open power may revoke, amend or re-enact an Order in Council, as well as an order, under the power. Any power to make subordinate legislation conferred by this Act shall, in relation to its exercise by a Minister of the Crown or a member of the Scottish Government, be exercisable by statutory instrument. References in this section to a power are to an open power and to any other power to make subordinate legislation conferred by this Act which is exercisable by Her Majesty in Council or by a Minister of the Crown, and include a power as extended by this section. Subsections (2) to (11), except subsection (9), apply also to the power of the Scottish Ministers to make an order under section 12 or regulations under section 12B. A power may be exercised so as to make different provision for different purposes. A power (as well as being exercisable in relation to all cases to which it extends) may be exercised in relation to— those cases subject to specified exceptions, or any particular case or class of case. A power includes power to make— any supplementary, incidental or consequential provision, and any transitory, transitional or saving provision, which the person making the legislation considers necessary or expedient. A power may be exercised by modifying— any enactment or prerogative instrument, if the subordinate legislation (or a statutory instrument containing it) would be subject to any of the types of procedure referred to in Schedule 7. But a power to modify enactments does not (unless otherwise stated) extend to making modifications of this Act or subordinate legislation under it. A power may be exercised so as to make provision for the delegation of functions. A power includes power to make provision for sums to be payable out of the Scottish Consolidated Fund or charged on the Fund. A power includes power to make provision for the payment of sums out of money provided by Parliament or for sums to be charged on and paid out of the Consolidated Fund. A power may not be exercised so as to create any criminal offence punishable with any of the penalties specified for the offence in subsection (9B) or (10). In relation to Scotland, the specified penalties are— where the offence is triable on summary complaint only, imprisonment for a period exceeding 12 months and a fine exceeding level 5 on the standard scale, where an offence triable either on indictment or on summary complaint is tried on summary complaint, imprisonment for a period exceeding 12 months and a fine exceeding the statutory maximum, where the offence is tried on indictment, imprisonment for a period exceeding two years. In relation to England and Wales and Northern Ireland, the specified penalties are— where the offence is tried summarily, imprisonment for a period exceeding the prescribed term and a fine exceeding— in the case of a summary offence, level 5 on the standard scale, in the case of an offence triable either way, the statutory maximum, In subsection (10)(a), “the prescribed term” means— in relation to England and Wales, where the offence is a summary offence, 51 weeks; in relation to England and Wales, where the offence is triable either way, the general limit in a magistrates’ court; in relation to ... Northern Ireland, three months. If a power— is exercised so as to make provision for a summary offence under the law of England and Wales to be punishable with imprisonment for more than 6 months (“the relevant provision”) and is so exercised— on or after 2 May 2022, but before the day on which section 281(5) of the Criminal Justice Act 2003 comes into force, the power must also be exercised so as to provide that, in relation to an offence committed before the day referred to in paragraph (b)(ii), any reference in the relevant provision to a term of imprisonment of more than 6 months is to be read as a reference to a term of imprisonment of 6 months. The fact that a power is conferred does not prejudice the extent of any other power. Her Majesty may by Order in Council amend subsection (9B) or (10) so as to change— any period of imprisonment specified there, or the amount of any fine so specified. A power to make subordinate legislation conferred by any of the following provisions of this Act may be exercised by modifying any enactment comprised in or made under this Act (except Schedules 4 and 5): sections 12B, 66(5), 89, 104, 107, 108 and 129(1). The reference in subsection (1) to a power to make subordinate legislation includes a power as extended by section 113. A power to make subordinate legislation conferred by any of the following provisions of this Act may be exercised so as to make provision having retrospective effect: sections 30, 58(4), 104 and 107. Schedule 7 (which determines the procedure which is to apply to subordinate legislation under this Act in relation to each House of Parliament and the Scottish Parliament) shall have effect. In spite of the fact that that Schedule provides for subordinate legislation under a particular provision of this Act (or the statutory instrument containing it) to be subject to any type of procedure in relation to the Parliament, the provision conferring the power to make that legislation may be brought into force at any time after the passing of this Act. Accordingly, any subordinate legislation (or the statutory instrument containing it) made in the exercise of the power in the period beginning with that time and ending immediately before the principal appointed day is to be subject to such other type of procedure (if any) as may be specified in subordinate legislation made under section 129(1). This section applies in relation to subordinate legislation under section 60, 62, 90 or 109 or paragraph 2 of Schedule 2. Any such subordinate legislation may, in particular— provide for the creation of rights or interests, or the imposition of liabilities or conditions, in relation to property transferred, or rights or interests acquired, by virtue of such legislation, provide for any property, liabilities or conditions to be determined under such legislation, make provision (other than provision imposing a charge to tax) as to the tax treatment of anything done by virtue of such legislation. No order shall be made by a Minister of the Crown by virtue of subsection (2)(c), and no recommendation shall be made to Her Majesty in Council to make an Order in Council by virtue of subsection (2)(c), without the agreement of the Treasury. Subordinate legislation to which this section applies shall have effect in relation to any property or liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities. A right of pre-emption, right of irritancy, right of return or other similar right shall not operate or become exercisable as a result of any transfer of property by virtue of any subordinate legislation to which this section applies. Any such right shall have effect in the case of any such transfer as if the transferee were the same person in law as the transferor and as if no transfer of the property had taken place. Such compensation as is just shall be paid to any person in respect of any such right which would, apart from subsection (5), have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of that subsection, cannot subsequently operate in his favour or (as the case may be) become exercisable by him. Any compensation payable by virtue of subsection (7) shall be paid by the transferor or by the transferee or by both. Subordinate legislation under this subsection may provide for the determination of any disputes as to whether and, if so, how much, compensation is payable by virtue of subsection (7) and as to the person to whom or by whom it shall be paid. Subsections (4) to (9) apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property; and references to the transferor and transferee shall be read accordingly. A certificate issued by the Secretary of State that any property or liability has, or has not, been transferred by virtue of subordinate legislation under section 60 or 62 or paragraph 2 of Schedule 2 shall be conclusive evidence of the transfer or (as the case may be) the fact that there has not been a transfer. A certificate issued by the Secretary of State and the Scottish Ministers that any property or liability has, or has not, been transferred by virtue of an Order in Council under section 90 or 109 shall be conclusive evidence of the transfer or (as the case may be) the fact that there has not been a transfer. In this section “right of return” means any right under a provision for the return or reversion of property in specified circumstances. So far as may be necessary for the purpose or in consequence of the exercise of a function by a member of the Scottish Government within devolved competence, any pre-commencement enactment or prerogative instrument, and any other instrument or document, shall be read as if references to a Minister of the Crown (however described) were or included references to the Scottish Ministers. Subsection (2) applies in relation to the exercise by a member of the Scottish Government within devolved competence of a function to make, confirm or approve subordinate legislation. If a pre-commencement enactment makes provision— for any instrument or the draft of any instrument made in the exercise of such a function to be laid before Parliament or either House of Parliament, for the annulment or approval of any such instrument or draft by or in pursuance of a resolution of either or both Houses of Parliament, or prohibiting the making of such an instrument without that approval, the provision shall have effect, so far as it relates to the exercise of the function by a member of the Scottish Government within devolved competence, as if any reference in it to Parliament or either House of Parliament were a reference to the Scottish Parliament. a function of making, confirming or approving subordinate legislation conferred by a pre-commencement enactment is exercisable by a Scottish public authority with mixed functions or no reserved functions, and a pre-commencement enactment makes such provision in relation to the exercise of the function as is mentioned in subsection (2), the provision shall have effect, so far as it relates to the exercise of the function by that authority, as if any reference in it to Parliament or either House of Parliament were a reference to the Scottish Parliament. a function of making, confirming or approving subordinate legislation conferred by a pre-commencement enactment is exercisable within devolved competence by a person other than a Minister of the Crown, a member of the Scottish Government or a Scottish public authority with mixed functions or no reserved functions, and the provision shall have effect, so far as it relates to the exercise of the function by that person within devolved competence, as if any reference in it to Parliament or either House of Parliament were a reference to the Scottish Parliament. If a pre-commencement enactment applies the Statutory Instruments Act 1946 as if a function of the kind mentioned in subsection (3) or (4) were exercisable by a Minister of the Crown, that Act shall apply, so far as the function is exercisable as mentioned in paragraph (a) of subsection (3) or (as the case may be) (4), as if the function were exercisable by the Scottish Ministers. In this section “Scottish functions” means— functions of the Scottish Ministers, the First Minister or the Lord Advocate which are exercisable within devolved competence, functions of any Scottish public authority with mixed functions or no reserved functions. Subject to subsections (3) and (5), a provision of a pre-commencement enactment which— requires or authorises the payment of any sum out of the Consolidated Fund or money provided by Parliament, or requires or authorises the payment of any sum into the Consolidated Fund, shall cease to have effect in relation to any Scottish functions. A provision of a pre-commencement enactment which— charges any sum on the Consolidated Fund, requires the payment of any sum out of the Consolidated Fund without further appropriation, or requires or authorises the payment of any sum into the Consolidated Fund by a person other than a Minister of the Crown, shall have effect in relation to any Scottish functions as if it provided for the sum to be charged on the Scottish Consolidated Fund or required it to be paid out of that Fund without further approval or required or authorised it to be paid into that Fund (as the case may be). A provision of a pre-commencement enactment which authorises any sums to be applied as money provided by Parliament instead of being paid into the Consolidated Fund shall have effect in relation to any Scottish functions as if it authorised those sums to be applied as if they had been paid out of the Scottish Consolidated Fund in accordance with rules under section 65(1)(c) instead of being paid into that Fund. Where a power to lend money under a pre-commencement enactment is exercisable by the Scottish Ministers, subsection (7) applies to any sums which, for the purpose or as the result of the exercise of the power, would be required (apart from that subsection)— to be issued by the Treasury out of the National Loans Fund, or to be paid into that Fund. Those sums shall instead— be paid out of the Scottish Consolidated Fund without further approval, or be paid into that Fund, (as the case may be). requires any account to be examined, certified and reported on by, or to be open to the inspection of, the Comptroller and Auditor General, or requires him to have access to any other document for carrying out any such examination, shall have effect in relation to any Scottish functions (within the meaning of section 119) as if the references to the Comptroller and Auditor General were to the Auditor General for Scotland. This section applies where— a pre-commencement enactment makes provision for any report to be laid before Parliament or either House of Parliament, and the report concerns Scottish functions. If the report only concerns Scottish functions, it shall be laid instead before the Scottish Parliament. In any other case, it shall be laid before the Scottish Parliament as well as before Parliament or (as the case may be) either House of Parliament. “report” includes accounts and any statement, “Scottish functions” has the same meaning as in section 119. In any provision about the application of any pre-commencement enactment to Crown land— references to a Minister of the Crown or government department shall be read as including the Scottish Ministers and the Lord Advocate, and references to a Minister of the Crown or government department having the management of the land shall be read as including any member of the Scottish Government having the management of the land. In this section, “Crown land” has the meaning given by section 242 of the Town and Country Planning (Scotland) Act 1997. In section 55 of the Finance Act 1987 (Crown exemption from stamp duty) references to a Minister of the Crown shall be read as including the Scottish Ministers, the Lord Advocate and the Parliamentary corporation. Subordinate legislation may provide for any provision of sections 94 and 117 to 122 not to apply, or to apply with modifications, in such cases as the person making the legislation considers appropriate. Subordinate legislation made by Her Majesty in Council or a Minister of the Crown under this Act may, in connection with any other provision made by the legislation, also provide for any provision of sections 94 and 117 to 122 not to apply, or to apply with modifications. Schedule 8 (which makes modifications of enactments) shall have effect. The enactments mentioned in Schedule 9 are repealed to the extent specified in that Schedule. “body” includes unincorporated association, “constituencies” and “regions”, in relation to the Parliament, mean the constituencies and regions provided for by Schedule 1, “constituency member” means a member of the Parliament for a constituency, “the Convention rights” has the same meaning as in the Human Rights Act 1998, “document” means anything in which information is recorded in any form (and references to producing a document are to be read accordingly), “enactment” includes an Act of the Scottish Parliament, Northern Ireland legislation (within the meaning of the Northern Ireland Act 1998) and an enactment comprised in subordinate legislation, and includes an enactment comprised in, or in subordinate legislation under, an Act of Parliament, whenever passed or made, “financial year” means a year ending with 31st March, “functions” includes powers and duties, and “confer”, in relation to functions, includes impose, “government department” means any department of the Government of the United Kingdom, “the Human Rights Convention” means— the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950, and the Protocols to the Convention, as they have effect for the time being in relation to the United Kingdom, “Minister of the Crown” includes the Treasury, “modify” includes amend or repeal, “occupational pension scheme”, “personal pension scheme” and “public service pension scheme” have the meanings given by section 1 of the Pension Schemes Act 1993, . . . “the Parliament” means the Scottish Parliament, “parliamentary”, in relation to constituencies, elections and electors, is to be taken to refer to the Parliament of the United Kingdom, “prerogative instrument” means an Order in Council, warrant, charter or other instrument made under the prerogative, “the principal appointed day” means the day appointed by an order under section 130 which is designated by the order as the principal appointed day, “proceedings”, in relation to the Parliament, includes proceedings of any committee or sub-committee, “property” includes rights and interests of any description, “regional member” means a member of the Parliament for a region, “Scotland” includes so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Scotland, “Scottish public authority” means any public body (except the Parliamentary corporation), public office or holder of such an office whose functions (in each case) are exercisable only in or as regards Scotland, “the Scottish zone” means the sea within British fishery limits (that is, the limits set by or under section 1 of the Fishery Limits Act 1976) which is adjacent to Scotland, “standing orders” means standing orders of the Parliament, “subordinate legislation” has the same meaning as in the Interpretation Act 1978 and also includes an instrument made under an Act of the Scottish Parliament, “tribunal” means any tribunal in which legal proceedings may be brought. Her Majesty may by Order in Council determine, or make provision for determining, for the purposes of this Act any boundary between waters which are to be treated as internal waters or territorial sea of the United Kingdom, or sea within British fishery limits, adjacent to Scotland and those which are not. For the purposes of this Act— the question whether any function of a body, government department, office or office-holder relates to reserved matters is to be determined by reference to the purpose for which the function is exercisable, having regard (among other things) to the likely effects in all the circumstances of any exercise of the function, but bodies to which paragraph 3 of Part III of Schedule 5 applies are to be treated as if all their functions were functions which relate to reserved matters. References in this Act to Scots private law are to the following areas of the civil law of Scotland— the general principles of private law (including private international law), the law of persons (including natural persons, legal persons and unincorporated bodies), the law of obligations (including obligations arising from contract, unilateral promise, delict, unjustified enrichment and negotiorum gestio), the law of property (including heritable and moveable property, trusts and succession), and the law of actions (including jurisdiction, remedies, evidence, procedure, diligence, recognition and enforcement of court orders, limitation of actions and arbitration), and include references to judicial review of administrative action. References in this Act to Scots criminal law include criminal offences, jurisdiction, evidence, procedure and penalties and the treatment of offenders. References in this Act and in any other enactment to the Scottish Administration are to the office-holders in the Scottish Administration and the members of the staff of the Scottish Administration. references to office-holders in the Scottish Administration are to— members of the Scottish Government and junior Scottish Ministers, and the holders of offices in the Scottish Administration which are not ministerial offices, and references to members of the staff of the Scottish Administration are to the staff of the persons referred to in paragraph (a). For the purposes of this Act, the offices in the Scottish Administration which are not ministerial offices are— the Registrar General of Births, Deaths and Marriages for Scotland, the Keeper of the Registers of Scotland and the Keeper of the Records of Scotland, and any other office of a description specified in an Order in Council made by Her Majesty under this subsection. In this Act, “international obligations” means any international obligations of the United Kingdom other than obligations to observe and implement ... the Convention rights. In this Act, “by virtue of” includes “by” and “under”. In this Act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column. There shall be paid out of money provided by Parliament— any expenditure incurred by a Minister of the Crown by virtue of this Act, and any increase attributable to this Act in the sums payable out of money so provided under any other enactment. There shall be paid into the Consolidated Fund any sums received by a Minister of the Crown by virtue of this Act which are not payable into the National Loans Fund. Subordinate legislation may make such provision as the person making the legislation considers necessary or expedient for transitory or transitional purposes in connection with the coming into force of any provision of this Act. If any of the following provisions come into force before the Human Rights Act 1998 has come into force (or come fully into force), the provision shall have effect until the time when that Act is fully in force as it will have effect after that time: sections 29(2)(d), 57(2) and (3), 100 and 126(1) and Schedule 6. Sections 19 to 43, Parts II to V, sections 117 to 124 and section 125 (except so far as relating to paragraphs 10, 11, 19 and 23(1) and (6) of Schedule 8) shall come into force on such day as the Secretary of State may by order appoint. Different days may be appointed under this section for different purposes. Section 25 extends only to Scotland. This Act may be cited as the Scotland Act 1998. There are to be 73 constituencies for the purposes of this Act. The constituencies are— the existing constituency of Na h-Eileanan an Iar, the Orkney Islands, the Shetland Islands, and the constituencies provided for by an Order in Council under paragraph 6. There are to be eight regions for the purposes of this Act. The regions are the regions provided for by an Order in Council under paragraph 6. Seven regional members are to be returned for each region. Boundaries Scotland must keep under review the boundaries of the constituencies (other than those mentioned in paragraph 1(2)(za), (a) and (b)). The review must be conducted in accordance with the constituency rules. Boundaries Scotland must submit to the Scottish Ministers a report— showing the alterations it proposes to the boundaries, or stating that in its opinion no alteration should be made. The first report of Boundaries Scotland to the Scottish Ministers under this paragraph must be submitted to the Scottish Ministers no later than 1 May 2025. Subsequent reports must be submitted not less than eight nor more than twelve years after the date of the submission of the last report. Boundaries Scotland may also from time to time ... submit to the Scottish Ministers reports with respect to the area comprised in any two or more constituencies showing the constituencies into which it recommends the area should be divided in order to give effect to the constituency rules. A report under sub-paragraph (6) must recommend the same number of constituencies as that in which the area is comprised. Boundaries Scotland may not submit to the Scottish Ministers— a report mentioned in sub-paragraph (5), or a report under sub-paragraph (6), during the period of 18 months immediately preceding the date of the next ordinary general election for membership of the Parliament. A report of Boundaries Scotland which recommends an alteration to the boundaries of constituencies must state as respects each constituency— the name by which it recommends it is to be known; whether it recommends that it is to be a county or a burgh constituency. As soon as practicable after Boundaries Scotland have submitted a report to the Scottish Ministers under this paragraph the Scottish Ministers must lay before the Parliament — the report, and the draft of an Order in Council for giving effect to the recommendations contained in the report. Sub-paragraph (9)(b) does not apply if the report states that no alteration is required to be made to the boundaries of the constituencies. This paragraph applies if Boundaries Scotland submit a report to the Scottish Ministers recommending an alteration in a constituency. In the report Boundaries Scotland must recommend any alteration in any of the regions which it thinks is necessary to give effect to the regional rules. A report making a recommendation for an alteration in a region must recommend the name by which Boundaries Scotland think the region should be known. The draft of an Order in Council laid before the Parliament by the Scottish Ministers for giving effect to the recommendations contained in a report by Boundaries Scotland under paragraph 3 may make provision for any matters which the Scottish Ministers think are incidental to or consequential on the recommendations. If the draft is approved by resolution of the Parliament the Scottish Ministers must submit it to Her Majesty in Council. If a motion for the approval of the draft is rejected by the Parliament or withdrawn ... the Scottish Ministers may amend the draft to make such minor or technical alterations as they consider appropriate and lay the amended draft before the Parliament. As soon as reasonably practicable after laying the draft so amended, the Scottish Ministers must publish a statement setting out their reasons for making the minor or technical alterations to the draft. The Scottish Ministers must not withdraw a draft Order laid before the Parliament under paragraph 3(9)(b) or sub-paragraph (3) except with the agreement of the Parliament. If the draft as so amended is approved by resolution of the Parliament the Scottish Ministers must submit it to Her Majesty in Council. If the Scottish Ministers do not lay an amended draft Order under sub-paragraph (3), the Scottish Ministers must notify Boundaries Scotland that it is required to conduct, in accordance with sub-paragraph (4B), a further review of the alterations proposed to the boundaries by the draft Order which was rejected or withdrawn. Once notified, Boundaries Scotland must conduct a further review of the proposed alterations and may determine the manner and the extent of the review, provided that the purpose of the review is to— consider the representations (if any) of the Parliament, and reconsider the proposals and make any further or supplementary proposals as it thinks fit. This schedule applies to a further review under sub-paragraph (4B) as it applies to a review and report under paragraph 3 except that— Boundaries Scotland is to submit a report on the further review— before such date as the Scottish Ministers may direct, or in the absence of such direction, within such reasonable time as it may determine, sub-paragraphs (1)(a), (3) and (4) of paragraph 7 do not apply to a further review under sub-paragraph (4B), where a report has already been submitted following a further review under sub-paragraph (4B), the Scottish Ministers may notify Boundaries Scotland under sub-paragraph (4A) that it is required to conduct a further review only if the Parliament has by resolution directed them to do so. A further review under sub-paragraph (4B) is to be disregarded for the purposes of calculating the intervals between reports of Boundaries Scotland under paragraph 3. If a draft of an Order in Council is submitted to Her Majesty in Council under this Schedule, Her Majesty in Council may make an order in terms of the draft. An Order in Council made as mentioned in sub-paragraph (5) comes into force on the date specified in the Order. The coming into force of the Order does not affect the return of any member to the Parliament or its constitution until the Parliament is dissolved. The validity of an Order in Council purporting to be made under this Schedule and reciting that a draft of the Order has been approved by a resolution of the Parliament must not be called in question in any legal proceedings whatsoever. If Boundaries Scotland intend to consider making a report under this Schedule— it must inform the Scottish Ministers by notice in writing; it must publish a copy of the notice in the Edinburgh Gazette. If Boundaries Scotland has provisionally determined to make recommendations affecting a constituency it must publish in such manner as it thinks fit a notice stating— the effect of the proposed recommendations and (except if the effect is that no alteration should be made in respect of the constituency) that a copy of the recommendations is open to inspection at a specified place in the constituency, and that representations with respect to the proposed recommendations may be made to the Boundaries Scotland before the end of the period of one month starting the day after the notice is published. Boundaries Scotland must take into account any representations made in accordance with the notice. If Boundaries Scotland revise any proposed recommendations after publishing notice of them under sub-paragraph (2) it must comply again with sub-paragraphs (2) and (3) in relation to the revised recommendations as if no earlier notice had been published. This paragraph applies if Boundaries Scotland provisionally determine to make recommendations which would involve any alteration in a constituency. Boundaries Scotland must consider whether any alteration within paragraph 4(2) would be required in order to give effect to the regional rules. Paragraph 7 applies for the purposes of the proposed recommendations as if for any reference to a constituency there is substituted a reference to a region. Boundaries Scotland may if it thinks fit cause a local inquiry to be held in respect of any constituency or constituencies. If Boundaries Scotland receive any relevant representations objecting to a proposed recommendation for the alteration of a constituency it must not make the recommendation unless since the publication of the notice under paragraph 7(2) a local inquiry has been held in respect of the constituency. If a local inquiry was held in respect of the constituency before the publication of the notice under paragraph 7(2), sub-paragraph (2) above does not apply if Boundaries Scotland after considering— the matters discussed at the inquiry, the nature of the relevant representations received, and any other relevant circumstances, think that a further local inquiry is not justified. A relevant representation is a representation made in accordance with paragraph 7(2)(b)— by the council for an area which is wholly or partly comprised in the constituency; by a body of not less than 100 persons entitled to vote as electors at an election for membership of the Parliament held in the constituency. Boundaries Scotland may if it thinks fit cause a local inquiry to be held in respect of any region or regions. If Boundaries Scotland receive any relevant representations objecting to a proposed recommendation for the alteration of a region it must not make the recommendation unless since the publication of the notice under paragraph 7(2) a local inquiry has been held in respect of the region.

If a local inquiry was held in respect of the region before the publication of the notice under paragraph 7(2), sub-paragraph (2) above does not apply if Boundaries Scotland after considering— by the council for an area which is wholly or partly included in the region; by a body of not less than 500 persons entitled to vote as electors at an election for membership of the Parliament held in any one or more of the constituencies included in the region. Section 210(4) and (5) of the Local Government (Scotland) Act 1973 (c. 65) (attendance of witnesses at inquiries) applies in relation to a local inquiry held under paragraph 9 or 10. These are the constituency rules. Rule 1 (1) So far as is practicable, regard must be had to the boundaries of the local government areas having effect from time to time under section 1 of the Local Government etc. (Scotland) Act 1994. Rule 2 (1) The electorate of a constituency must be as near the electoral quota as is practicable, having regard to Rule 1. (2) Boundaries Scotland may depart from the strict application of Rule 1 if it thinks that it is desirable to do so to avoid an excessive disparity between the electorate of a constituency and the electoral quota or between the electorate of a constituency and that of neighbouring constituencies. (3) The electoral quota is the number obtained by dividing the total electorate by 70. (4) The electorate of a constituency is the aggregate of the persons falling within paragraphs (5) and (6) below. (5) A person falls within this paragraph if his name appears on the register of local government electors in force on the enumeration date under the Representation of the People Acts for a local government area which is situated wholly in the constituency. (6) A person falls within this paragraph if his name appears on the register of local government electors in force on the enumeration date under the Representation of the People Acts for a local government area which is situated partly in the constituency and his qualifying address is situated in the constituency. (7) The total electorate is the total number of persons whose names appear on the registers of local government electors in force on the enumeration date under the Representation of the People Acts for all of the local government areas in Scotland (except the local government areas of Comhairle nan Eilean Siar, Orkney and Shetland). (8) The enumeration date is, in relation to a report of Boundaries Scotland ..., the date on which notice with respect to the report is published in the Edinburgh Gazette in accordance with paragraph 7(1) above. (9) “ Qualifying address ” and “ local government area ” have the same meanings as in the Representation of the People Act 1983 (c. 2). Rule 3 Boundaries Scotland may depart from the strict application of Rules 1 and 2 if it thinks that special geographical considerations (including in particular the size, shape and accessibility of a constituency) render it desirable to do so. Rule 4 Boundaries Scotland need not aim at giving full effect in all circumstances to Rules 1 to 3 but it must take account (so far as it reasonably can)— (a) of the inconveniences attendant on alterations of constituencies other than alterations made for the purposes of Rule 1, and (b) of any local ties which would be broken by such alterations. These are the regional rules. A constituency must fall wholly within a region. The regional electorate of a region must be as near the regional electorate of each of the other regions as is practicable, having regard (where appropriate) to special geographical considerations. This paragraph applies for the purposes of the regional rules. For the purposes of a report of Boundaries Scotland in relation to a region, the regional electorate is the number of persons— whose names appear on the enumeration date on the registers of local government electors in the region, and who are registered at addresses within a constituency included in the region. The enumeration date is the date on which notice with respect to the report is published in the Edinburgh Gazette in accordance with paragraph 7(1) above. A person appointed under section 21(2)(b) shall hold office until another member of the Parliament is appointed in his place unless he previously resigns, ceases to be a member of the Parliament otherwise than by virtue of a dissolution or is removed from office by resolution of the Parliament. The corporation may hold property. for the transfer to the corporation of any property belonging to a Minister of the Crown or government department, or for the corporation to have such rights or interests in relation to any property belonging to a Minister of the Crown or government department as the person making the legislation considers appropriate (whether in connection with a transfer or otherwise). Subordinate legislation under sub-paragraph (2) in relation to any property may provide for the transfer to the corporation of any liabilities relating to the property to which a Minister of the Crown or government department is subject and which subsist immediately before the subordinate legislation comes into force. Subordinate legislation under sub-paragraph (2) may only be made if the person making the legislation considers it appropriate to do so to enable the corporation to exercise its functions or to facilitate their exercise or in connection with their exercise or proposed exercise. The corporation shall appoint Assistant Clerks and may appoint other staff. The Clerk and other persons appointed by the corporation are referred to in this Act as the staff of the Parliament. It is for the corporation to determine the terms and conditions of appointment of the staff of the Parliament, including arrangements for the payment of pensions, gratuities or allowances to, or in respect of, any person who has ceased to be a member of the staff of the Parliament. In particular, the corporation may— make contributions or payments towards provision for such pensions, gratuities or allowances, establish and administer one or more pension schemes. Subject to sub-paragraph (4), the corporation may do anything which appears to it to be necessary or expedient for the purpose of or in connection with the discharge of its functions. That includes, in particular— entering into contracts, charging for goods or services, investing sums not immediately required in relation to the discharge of its functions, and accepting gifts. The corporation may sell goods or provide services, and may make arrangements for the sale of goods or provision of services, to the public. The corporation may borrow sums in sterling by way of overdraft or otherwise for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet that expenditure. The corporation may borrow money only under sub-paragraph (4) and may borrow under that sub-paragraph only in accordance with the special or general approval of the Parliament. The corporation may delegate any of its functions to the Presiding Officer or the Clerk. The validity of any act of the corporation shall not be affected by any vacancy among the members, or by any defect in the appointment, or qualification for membership, of any member. The corporation may determine its own procedure. The Presiding Officer shall preside at meetings of the corporation, but the corporation may appoint another of its members to preside if the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act. Her Majesty may by Order in Council provide for the corporation to be treated to any extent as a Crown body for the purposes of any enactment. In particular, the Order may for the purposes of any enactment provide— for employment under the corporation to be treated as employment under the corporation as a Crown body, for land held, used or managed by the corporation, or operations carried out by or on behalf of the corporation, to be treated (as the case may be) as land held, used or managed, or operations carried out by or on behalf of, the corporation as a Crown body. For the purposes of this paragraph, “Crown body” means a body which is the servant or agent of the Crown, and includes a government department. The standing orders shall include provision for preserving order in the proceedings of the Parliament, including provision for— preventing conduct which would constitute a criminal offence or contempt of court, and a sub judice rule. Such provision may provide for excluding a member of the Parliament from proceedings. The standing orders may include provision for withdrawing from a member of the Parliament his rights and privileges as a member. The standing orders shall include provision requiring the proceedings of the Parliament to be held in public, except in such circumstances as the standing orders may provide. The standing orders may include provision as to the conditions to be complied with by any member of the public attending the proceedings, including provision for excluding from the proceedings any member of the public who does not comply with those conditions. The standing orders shall include provision for reporting the proceedings of the Parliament and for publishing the reports. The standing orders shall include provision for ensuring that the available officers do not all represent the same political party. The available officers are— the Presiding Officer and the deputies appointed under section 19(1), except in the case where one or more of them is unable to act and there is at least one additional deputy; in that case, such of the Presiding Officer and deputies as are for the time being able to act. Standing orders which provide for the appointment of committees may include provision for those committees to have power to appoint sub-committees. The standing orders shall include provision for ensuring that, in appointing members to committees and sub-committees, regard is had to the balance of political parties in the Parliament. The standing orders may include provision for excluding from the proceedings of a committee or sub-committee a member of the Parliament who is not a member of the committee or sub-committee. The standing orders shall include provision for ensuring that a Bill containing provisions which would, if the Bill were a Bill for an Act of Parliament, require the consent of Her Majesty, the Prince and Steward of Scotland or the Duke of Cornwall shall not pass unless such consent has been signified to the Parliament. An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, any of the following provisions. The provisions are— Articles 4 and 6 of the Union with Scotland Act 1706 and of the Union with England Act 1707 so far as they relate to freedom of trade, the Private Legislation Procedure (Scotland) Act 1936, paragraphs 5(3)(b) and 15(4)(b) of Schedule 32 to the Local Government, Planning and Land Act 1980 (designation of enterprise zones), sections 140A to 140G of the Social Security Administration Act 1992 (rent rebate and rent allowance subsidy and council tax benefit), the Human Rights Act 1998 , the European Union (Withdrawal) Act 2018 (other than any excluded provision of that Act and any regulations made under that Act), and the United Kingdom Internal Market Act 2020. For the purposes of sub-paragraph (2)(g), the following are excluded provisions of the European Union (Withdrawal) Act 2018— section 1B(3) and (4), sections 8A to 8C, section 10(3) and (4), sections 13A and 13B, sections 15A to 15C, Parts 1A to 1C of Schedule 2, paragraphs 8A to 8G of Schedule 7, and paragraphs 31 to 35 of Schedule 8. An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, the law on reserved matters. In this paragraph, “the law on reserved matters” means— any enactment the subject-matter of which is a reserved matter and which is comprised in an Act of Parliament or subordinate legislation under an Act of Parliament, and any rule of law which is not contained in an enactment and the subject-matter of which is a reserved matter, and in this sub-paragraph “Act of Parliament” does not include this Act. Sub-paragraph (1) applies in relation to a rule of Scots private law or Scots criminal law (whether or not contained in an enactment) only to the extent that the rule in question is special to a reserved matter or the subject-matter of the rule is— interest on sums due in respect of taxes or excise duties and refunds of such taxes or duties, or the obligations, in relation to occupational or personal pension schemes, of the trustees or managers or the obligations under an order made by virtue of section 12A(2) or (3) of the Family Law (Scotland) Act 1985 (orders relating to pensions lump sums) of the person responsible for a pension arrangement other than an occupational or personal pension scheme; or the obligations under Chapter I of Part IV of the Welfare Reform and Pensions Act 1999 (sharing of rights under pension arrangements) of the person responsible for such a pension arrangement; or the effect of Chapter II of Part IV of that Act of 1999 (sharing of rights in state pension schemes) as read with Part II of the Social Security Contributions and Benefits Act 1992 (contributory benefits) and Part 1 of the Pensions Act 2014 (state pension). In sub paragraph (3)(c) “pension arrangement” and “person responsible for a pension arrangement” have the same meaning as in section 27(1) of the Family Law (Scotland) Act 1985. Sub-paragraph (3) does not affect sub-paragraph (1) as it applies to an Act of the Scottish Parliament so far as any matter to which a provision of the Act relates falls within exception 10 of Section F1 of Part 2 of Schedule 5. Paragraph 2 does not apply to modifications which— are incidental to, or consequential on, provision made (whether by virtue of the Act in question or another enactment) which does not relate to reserved matters, and do not have a greater effect on reserved matters than is necessary to give effect to the purpose of the provision. In determining for the purposes of sub-paragraph (1)(b) what is necessary to give effect to the purpose of a provision, any power to make laws other than the power of the Parliament is to be disregarded. Sub-paragraph (1) does not affect the application of paragraph 2 to modifications which are incidental to, or consequential on, any provision, if it is only by virtue of exception 10 of Section F1 of Part 2 of Schedule 5 that the provision does not relate to reserved matters. An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, this Act. This paragraph does not apply to modifying— the following sections in Part 1 (the Scottish Parliament)— section 1(2) to (5), section 2(1), (2), (2B) and (3) to (6), sections 3 to 12, sections 13 to 22, sections 24 to 26, section 27(1) and (2), section 28(4) and (5), section 31(3), section 36(1)(a) and (b), and (2) and (3), and sections 38 to 42, the following sections in Part 2 (the Scottish Administration)— section 44(1)(a) to (c) and (2), section 45(3) to (7), section 46(1) to (3), section 47(2) and (3)(b) to (e), section 48(2) to (4), section 49(2), (3) and (4)(b) to (e), and section 50, in Part 3 (financial provisions)— section 69(2) to (5), and section 70(1) to (5) and (7) to (9), in Part 5 (miscellaneous and general), sections 81 to 83, 85, 91, 92(1), (2) and (4) to (6), 93, 94 and 97, the following provisions in Part 6 (supplementary)— section 112(1) and (3) to (5), section 113 (except the application of subsection (9)), section 115 and Schedule 7 (so far as those sections and that Schedule apply to any power exercisable within devolved competence to make subordinate legislation), sections 118, 120 and 121, and section 124 (so far as that section applies to any power exercisable within devolved competence to make subordinate legislation), Schedule 1 (constituencies, regions and regional members), paragraphs 1, 2(1) and 3 to 6 of Schedule 2 (Scottish Parliamentary corporate body), and paragraphs 1 to 6 of Schedule 3 (standing orders - further provision). This paragraph does not apply to modifying any provision of this Act (other than sections 64(7), 66(2), 71(7), 77, 78 and 119) which— charges any sum on the Scottish Consolidated Fund, requires any sum to be paid out of that Fund without further approval, . . . requires any sum to be payable out of that Fund, or requires or authorises the payment of any sum into that Fund. This paragraph does not apply to any modifications of Part III which are necessary or expedient for the purpose or in consequence of the establishment of a new fund, in addition to the Scottish Consolidated Fund, out of which loans may be made by the Scottish Ministers. This paragraph does not apply to— modifying so much of any enactment as is modified by this Act, repealing so much of any provision of this Act as amends any enactment, if the provision ceases to have effect in consequence of any enactment comprised in or made under an Act of the Scottish Parliament. An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify— the effect of section 119(3) in relation to any provision of an Act of Parliament relating to judicial salaries, so much of any enactment as— is amended by paragraph 2, 7 or 32 of Schedule 8, and relates to the Advocate General, so much of any enactment as is amended by paragraph 9(b) or 29 of Schedule 8. An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, any enactment so far as the enactment relates to powers exercisable by a Minister of the Crown by virtue of section 56. Part I of this Schedule does not prevent an Act of the Scottish Parliament— restating the law (or restating it with such modifications as are not prevented by that Part), or repealing any spent enactment, or conferring power by subordinate legislation to do so. For the purposes of paragraph 2, the law on reserved matters includes any restatement in an Act of the Scottish Parliament, or subordinate legislation under such an Act, of the law on reserved matters if the subject-matter of the restatement is a reserved matter. Part I of this Schedule does not prevent the operation of any provision of the Interpretation Act 1978. Part I of this Schedule does not prevent an Act of the Scottish Parliament amending, or conferring power by subordinate legislation to amend, any enactment by changing— any of the titles referred to in sub-paragraph (2), or any reference to a declarator, in consequence of any provision made by or under an Act of the Scottish Parliament. The titles are those of— any court or tribunal or any judge, chairman or officer of a court or tribunal, any holder of an office in the Scottish Administration which is not a ministerial office or any member of the staff of the Scottish Administration, any register. Part I of this Schedule does not prevent an Act of the Scottish Parliament modifying, or conferring power by subordinate legislation to modify, any enactment for or in connection with the purposes of section 70 or 91. Part I of this Schedule does not prevent an Act of the Scottish Parliament modifying, or conferring power by subordinate legislation to modify, any enactment for or in connection with any of the following purposes. making different provision in respect of the document by which a power to make subordinate legislation within sub-paragraph (3) is to be exercised, making different provision (or no provision) for the procedure, in relation to the Parliament, to which legislation made in the exercise of such a power (or the instrument or other document in which it is contained) is to be subject, applying any enactment comprised in or made under an Act of the Scottish Parliament relating to the documents by which such powers may be exercised. The power to make the subordinate legislation, or a power to confirm or approve the legislation, must be exercisable by— a member of the Scottish Executive, any Scottish public authority with mixed functions or no reserved functions, any other person (not being a Minister of the Crown) within devolved competence. This paragraph applies to a function which (apart from this Schedule) would be transferred to the Scottish Ministers by virtue of section 53(2)(c). If, because of anything in Part I of this Schedule, a provision of an Act of the Scottish Parliament modifying an enactment so as to provide for the function to be exercisable by a different person would be outside the legislative competence of the Parliament, the function is not so transferred. Paragraph 12 does not apply to any function conferred by any provision of— the Human Rights Act 1998, except sections 1, 5, 14 to 17 and 22 of that Act, the law on reserved matters (for the purposes of paragraph 2) so far as contained in an enactment. For the purpose of determining— whether any function under any of the provisions referred to in sub-paragraph (1) is transferred to the Scottish Ministers by virtue of section 53, and the extent to which any such function (other than a function of making, confirming or approving subordinate legislation) is exercisable by them, the references in section 54 to the legislative competence of the Parliament are to be read as if section 29(2)(c) were omitted. Part I of this Schedule does not prevent an Act of the Scottish Parliament modifying, or conferring power by subordinate legislation to modify, any of the provisions mentioned in sub-paragraph (1) so as to provide for a function transferred to the Scottish Ministers by virtue of section 53 to be exercisable by a different person. If any pre-commencement enactment or prerogative instrument is modified by subordinate legislation under section 105 or under section 71 of the Scotland Act 2016, a function under that enactment or instrument (whether as it has effect before or after the modification) is not transferred by virtue of section 53 if the subordinate legislation provides that it is not to be so transferred. The following aspects of the constitution are reserved matters, that is— the Crown, including succession to the Crown and a regency, the Union of the Kingdoms of Scotland and England, the Parliament of the United Kingdom, the continued existence of the High Court of Justiciary as a criminal court of first instance and of appeal, the continued existence of the Court of Session as a civil court of first instance and of appeal. Paragraph 1 does not reserve— Her Majesty’s prerogative and other executive functions, functions exercisable by any person acting on behalf of the Crown, or any office in the Scottish Administration. Sub-paragraph (1) does not affect the reservation by paragraph 1 of honours and dignities or the functions of the Lord Lyon King of Arms so far as relating to the granting of arms; but this sub-paragraph does not apply to the Lord Lyon King of Arms in his judicial capacity. Sub-paragraph (1) does not affect the reservation by paragraph 1 of the management (in accordance with any enactment regulating the use of land) of the Crown Estate (that is, the property, rights and interests under the management of the Crown Estate Commissioners). Sub-paragraph (1) does not affect the reservation by paragraph 1 of the requirements of section 90B(5) to (8). Sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions of the Security Service, the Secret Intelligence Service and the Government Communications Headquarters. Sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions exercisable through the Export Credits Guarantee Department. Paragraph 1 does not reserve property belonging to Her Majesty in right of the Crown or belonging to any person acting on behalf of the Crown or held in trust for Her Majesty for the purposes of any person acting on behalf of the Crown. Paragraph 1 does not reserve the ultimate superiority of the Crown or the superiority of the Prince and Steward of Scotland. Sub-paragraph (1) does not affect the reservation by paragraph 1 of— the hereditary revenues of the Crown, other than revenues from bona vacantia, ultimus haeres and treasure trove, the royal arms and standard, the compulsory acquisition of property held or used by a Minister of the Crown or government department. Paragraph 1 does not reserve property held by Her Majesty in Her private capacity. Sub-paragraph (1) does not affect the reservation by paragraph 1 of the subject-matter of the Crown Private Estates Acts 1800 to 1873. Paragraph 1 does not reserve the use of the Scottish Seal. The registration and funding of political parties is a reserved matter but this paragraph does not reserve making payments to any political party for the purpose of assisting members of the Parliament who are connected with the party to perform their Parliamentary duties. International relations, including relations with territories outside the United Kingdom, the European Union(and their institutions) and other international organisations, regulation of international trade, and international development assistance and co-operation are reserved matters. Sub-paragraph (1) does not reserve— observing and implementing international obligations, obligations under the Human Rights Convention and obligations under EU law, assisting Ministers of the Crown in relation to any matter to which that sub-paragraph applies. The Civil Service of the State is a reserved matter. Sub-paragraph (1) does not reserve the subject-matter of— Part I of the Sheriff Courts and Legal Officers (Scotland) Act 1927 (appointment of sheriff clerks and procurators fiscal etc.), Part III of the Administration of Justice (Scotland) Act 1933 (officers of the High Court of Justiciary and of the Court of Session). The following are reserved matters— the defence of the realm, the naval, military or air forces of the Crown, including reserve forces, visiting forces, international headquarters and defence organisations, trading with the enemy and enemy property. the exercise of civil defence functions by any person otherwise than as a member of any force or organisation referred to in sub-paragraph (1)(b) to (d) or any other force or organisation reserved by virtue of sub-paragraph (1)(a), the conferral of enforcement powers in relation to sea fishing. Treason (including constructive treason), treason felony and misprision of treason are reserved matters. The matters to which any of the Sections in this Part apply are reserved matters for the purposes of this Act. A Section applies to any matter described or referred to in it when read with any illustrations, exceptions or interpretation provisions in that Section. Any illustrations, exceptions or interpretation provisions in a Section relate only to that Section (so that an entry under the heading “exceptions” does not affect any other Section). Section A1. Fiscal, economic and monetary policy, including the issue and circulation of money, taxes and excise duties, government borrowing and lending, control over United Kingdom public expenditure, the exchange rate and the Bank of England. Exceptions Devolved taxes, including their collection and management. Local taxes to fund local authority expenditure (for example, council tax and non-domestic rates). Section A2. Coinage, legal tender and bank notes. Section A3. Financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance. Exception The subject-matter of section 1 of the Banking and Financial Dealings Act 1971 (bank holidays). Section A4. Financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing. Section A5. The subject-matter of the Money Laundering Regulations 1993, but in relation to any type of business. Section B1. The subject-matter of— the Misuse of Drugs Act 1971, sections 12 to 14 of the Criminal Justice (International Co-operation) Act 1990 (substances useful for manufacture of controlled drugs), and Part V of the Criminal Law (Consolidation) (Scotland) Act 1995 (drug trafficking) and, so far as relating to drug trafficking, the Proceeds of Crime (Scotland) Act 1995. Section B2. the Data Protection Act 1998, and Council Directive 95/46/EC (protection of individuals with regard to the processing of personal data and on the free movement of such data). Interpretation If any provision of the Data Protection Act 1998 is not in force on the principal appointed day, it is to be treated for the purposes of this reservation as if it were. (A) Elections for membership of the House of Commons and the European Parliament Section B3. Elections for membership of the House of Commons and the European Parliament, including the subject-matter of— the European Parliamentary Elections Act 2002. the Representation of the People Act 1983 and the Representation of the People Act 1985, and the Parliamentary Constituencies Act 1986, so far as those enactments apply, or may be applied, in respect of such membership. (B) Elections for membership of the Parliament and local government elections in Scotland The subject-matter of sections 2(2A) and 12A of this Act. The subject-matter of section 43(1AA) of the Representation of the People Act 1983. The combination of— polls at elections or referendums that are outside the legislative competence of the Parliament with polls at— elections for membership of the Parliament, or local government elections in Scotland, and polls at ordinary general elections for membership of the Parliament with polls at ordinary local government elections in Scotland. Any digital service provided by a Minister of the Crown for the registration of electors. The subject matter of— Parts 5 and 6 of the Political Parties, Elections and Referendums Act 2000 (expenditure in connection with elections) where a limit applies to expenditure in relation to a period determined by reference both to the date of the poll for an election within the legislative competence of the Parliament and to the date of the poll at an election for membership of the House of Commons or the European Parliament, and sections 145 to 148 and 150 to 154 of that Act (enforcement) as they apply for the purposes of Part 5 or 6, so far as the subject-matter of that Part is reserved by paragraph (a). The subject-matter of the following sections of the Political Parties, Elections and Referendums Act 2000 in relation to elections for membership of the Parliament— section 1, except in relation to— financing the Electoral Commission, preparation, laying and publication by the Commission of reports about the performance of its functions, and provision by the Commission of copies of regulations made by it or notice of the alteration or revocation of such regulations, sections 2 to 4, 6(1)(e) and (f) (and (g) to the extent that it relates to the law mentioned in those paragraphs), sections 12, 21 to 33, 35 to 37, 39 to 57, 58 to 67, 69, 71, 71F, 71G, 71H to 71Y and 140A, section 149 (except in relation to the register kept under section 89), sections 157 and 159 to 163, and sections 145 to 148 and 150 to 154 as they apply for the purposes of a provision mentioned in paragraphs (a) to (e), so far as the subject matter of that provision is reserved by those paragraphs. Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of the European Parliamentary Elections Act 2002; and the reference to the subject-matter of that Act is to be construed as a reference to it as at the date that Act received Royal Assent. Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of the Political Parties, Elections and Referendums Act 2000; and references to the subject-matter of that Act are to be read as at the day on which the Scotland Act 2016 received Royal Assent. Section B4. The subject-matter of the Firearms Acts 1968 to 1997. 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— the power to make rules under section 53 of that Act for the purposes of that provision (specially dangerous weapons requiring firearms certificate), and the power to make an order under section 1(4) of the Firearms (Amendment) Act 1988 (specially dangerous weapons to be prohibited)). Section B5. the Video Recordings Act 1984, and sections 1 to 3 and 5 to 16 of the Cinemas Act 1985 (control of exhibitions). The classification of films for public exhibition by reference to their suitability for viewing by persons generally or above a particular age, with or without any advice as to the desirability of parental guidance. Section B6. Nationality; immigration, including asylum and the status and capacity of persons in the United Kingdom who are not British citizens; free movement of persons within the European Economic Area; issue of travel documents. Section B7. The subject-matter of the Animals (Scientific Procedures) Act 1986. Section B8. National security. The interception of communications; but not the interception of any communication made to or by a person detained at a place of detention, if the communication- is a written communication and is intercepted there, or is intercepted in the course of its transmission by means of a private telecommunication system running there, the subject matter of Part III of the Police Act 1997 (authorisation to interfere with property etc.) or surveillance not involving interference with property. the Official Secrets Acts 1911 and 1920, and the Official Secrets Act 1989, except so far as relating to any information, document or other article protected against disclosure by section 4(2) (crime) and not by any other provision of sections 1 to 4. Special powers, and other special provisions, for dealing with terrorism. “Place of detention” means a prison, young offenders institution, remand centre or legalised police cell (as those expressions are defined for the purposes of the Prisons (Scotland) Act 1989 or a hospital (within the meaning of the given in section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003; and “person detained”, in relation to a hospital, means a person detained there under– section 24, 25 or 70 of the Mental Health (Scotland) Act 1984; Part 6 of the Criminal Procedure (Scotland) Act 1995; the Mental Health (Care and Treatment) (Scotland) Act 2003; or regulations under– subsection (3) of section 116B of the Army Act 1955; subsection (3) of section 116B of the Air Force Act 1955; or section 63B of the Naval Discipline Act 1957. “Private telecommunication system” has the meaning given in section 261(14) of the Investigatory Powers Act 2016. Section B9. Betting, gaming and lotteries. In the case of a betting premises licence under the Gambling Act 2005, other than one in respect of a track, the number of gaming machines authorised for which the maximum charge for use is more than £10 (or whether such machines are authorised). Section B10. Emergency powers. Section B11. Extradition. Section B12. The subject-matter of the Lieutenancies Act 1997. Public access to information held by public bodies or holders of public offices (including government departments and persons acting on behalf of the Crown). Information held by– the Parliament, any part of the Scottish Administration, unless supplied by a Minister of the Crown or government department and held in confidence. Section C1. The creation, operation, regulation and dissolution of types of business association. The creation, operation, regulation and dissolution of— particular public bodies, or public bodies of a particular type, established by or under any enactment, and charities. “Business association” means any person (other than an individual) established for the purpose of carrying on any kind of business, whether or not for profit; and “business” includes the provision of benefits to the members of an association. Section C2. In relation to business associations— the modes of, the grounds for and the general legal effect of winding up, and the persons who may initiate winding up, liability to contribute to assets on winding up, powers of courts in relation to proceedings for winding up, other than the power to sist proceedings, arrangements with creditors, and procedures giving protection from creditors. Preferred or preferential debts for the purposes of the Bankruptcy (Scotland) Act 1985, the Insolvency Act 1986, and any other enactment relating to the sequestration of the estate of any person or to the winding up of business associations, the preference of such debts against other such debts and the extent of their preference over other types of debt. Regulation of insolvency practitioners. Co-operation of insolvency courts. the process of winding up, including the person having responsibility for the conduct of a winding up or any part of it, and his conduct of it or of that part, the effect of winding up on diligence, and avoidance and adjustment of prior transactions on winding up. In relation to business associations which are social landlords, the following additional exceptions– the general legal effect of winding up, procedures for the initiation of winding up, powers of courts in relation to proceedings for winding up, and procedures giving protection from creditors, but only in so far as they relate to a moratorium on the disposal of property held by a social landlord and the management and disposal of such property. Floating charges and receivers, except in relation to preferential debts, regulation of insolvency practitioners and co-operation of insolvency courts. “Business association” has the meaning given in Section C1 of this Part of this Schedule, but does not include any person whose estate may be sequestrated under the Bankruptcy (Scotland) Act 1985 or any public body established by or under an enactment. “Social landlord” means a body which is– a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 which has its registered office for the purposes of that Act in Scotland and satisfies the relevant conditions, or a company registered under the Companies Act 1985 which has its registered office for the purposes of that Act in Scotland and satisfies the relevant conditions. “The relevant conditions” are that the body does not trade for profit and is established for the purpose of, or has among its objects and powers, the provision, construction, improvement or management of– houses to be kept available for letting, houses for occupation by members of the body, where the rules of the body restrict membership to persons entitled or prospectively entitled (as tenants or otherwise) to occupy a house provided or managed by the body, or hostels, “house” and “hostel” having the meanings given in section 338(1) of the Housing (Scotland) Act 1987. “Winding up”, in relation to business associations, includes winding up of solvent, as well as insolvent, business associations. Section C3. Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers. Regulation of particular practices in the legal profession for the purpose of regulating that profession or the provision of legal services. “The legal profession” means advocates, solicitors and qualified conveyancers and executry practitioners within the meaning of Part II of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. Section C4. Intellectual property. The subject-matter of Parts I and II of the Plant Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal). Section C5. The subject-matter of the Import, Export and Customs Powers (Defence) Act 1939. Prohibition and regulation of the import and export of endangered species of animals and plants. Prohibition and regulation of movement into and out of Scotland of— food, animals, animal products, plants and plant products for the purposes of protecting human, animal or plant health, animal welfare or the environment or observing or implementing obligations under the Common Agricultural Policy, and animal feeding stuffs, fertilisers and pesticides (including anything treated as if it were a pesticide by virtue of section 16(16) of the Food and Environment Protection Act 1985) for the purposes of protecting human, animal or plant health or the environment. “Food” has the same meaning as it has in Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (as at 7th December 2004). Section C6. Regulation of sea fishing outside the Scottish zone (except in relation to Scottish fishing boats). “Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging. Section C7. Regulation of— the sale and supply of goods and services to consumers, guarantees in relation to such goods and services, hire-purchase, including the subject-matter of Part III of the Hire-Purchase Act 1964, trade descriptions, except in relation to food, misleading and comparative advertising, except regulation specifically in relation to food, tobacco and tobacco products, price indications, trading stamps, auctions and mock auctions of goods and services, and hallmarking and gun barrel proofing. Safety of, and liability for, services supplied to consumers. the Hearing Aid Council Act 1968, the Unsolicited Goods and Services Acts 1971 and 1975, Parts I to III and XI of the Fair Trading Act 1973, the Consumer Credit Act 1974, the Estate Agents Act 1979, the Timeshare Act 1992, the Package Travel and Linked Travel Arrangements Regulations 2018, and the Commercial Agents (Council Directive) Regulations 1993. The provision of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office. The subject-matter of section 16 of the Food Safety Act 1990 (food safety and consumer protection). “Food” has the same meaning as it has in Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (as at 7th December 2004). The reference to the subject-matter of section 16 of the Food Safety Act 1990 is to be construed as a reference to it as at 7th December 2004 (and, accordingly, paragraph 5(1) of Part 3 of this Schedule does not apply to that reference). Section C8. The subject matter of all technical standards and requirements in relation to products that had effect immediately before IP completion day in pursuance of an obligation under EU law. The national accreditation body and the accreditation of bodies which certify or assess conformity to technical standards in relation to products or environmental management systems. Product safety and liability. Product labelling. Food, agricultural and horticultural produce, fish and fish products, seeds, animal feeding stuffs, fertilisers and pesticides (including anything treated as if it were a pesticide by virtue of section 16(16) of the Food and Environment Protection Act 1985). In relation to food safety, materials which come into contact with food. Section C9. Units and standards of weight and measurement. Regulation of trade so far as involving weighing, measuring and quantities. Section C10. Telecommunications and wireless telegraphy. Internet services. Electronic encryption. The subject-matter of Part II of the Wireless Telegraphy Act 1949 (electromagnetic disturbance). The subject-matter of Part III of the Police Act 1997 (authorisation to interfere with property etc.). The subject matter of the Postal Services Act 2000. The provision of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office, but not any related compulsory levy on postal operators. Financial assistance for the provision of services (other than postal services and services relating to money or postal orders) to be provided from public post offices. Paragraph 5(1) of Part III of this Schedule does not apply to this Section. The reference to the subject matter of the Postal Services Act 2000 is to be read as a reference to the subject matter of that Act as at the date when it received Royal Assent. “postal operator”, “postal services” and “public post offices” have the same meaning as in the Postal Services Act 2000. United Kingdom Research and Innovation. Section C12. Research Councils within the meaning of the Science and Technology Act 1965. The subject-matter of section 5 of that Act (funding of scientific research) so far as relating to United Kingdom Research and Innovation and Research Councils. The subject-matter of section 10 of the Higher Education Act 2004 (research in arts and humanities) so far as relating to United Kingdom Research and Innovation. Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of section 10 of the Higher Education Act 2004; and the reference to the subject-matter of that section is to be construed as a reference to it as at the date that Act received Royal Assent. Section C13. The subject-matter of section 1 of the Industrial Development Act 1982. Section C14. The Industrial Development Advisory Board. Section C15. section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964 (Treasury power in relation to action damaging to economic position of United Kingdom), Part II of the Industry Act 1975 (powers in relation to transfer of control of important manufacturing undertakings), and the Protection of Trading Interests Act 1980. Regulation of the provision of subsidies which are or may be distortive or harmful by a public authority to persons supplying goods or services in the course of a business. “Public authority” means a person who exercises functions of a public nature. “Subsidy” includes assistance provided to a person directly or indirectly by way of income or price support, grant, loan, guarantee, indemnity, the provision of goods or services and any other kind of assistance, whether financial or otherwise and whether actual or contingent. A subsidy is provided “by a public authority” if it is provided by that authority directly or indirectly. A subsidy is “distortive or harmful” if it distorts competition between, or otherwise causes harm or injury to, persons supplying goods or services in the course of a business, whether or not those persons are established in the United Kingdom. Section D1. Generation, transmission, distribution and supply of electricity. The subject-matter of Part II of the Electricity Act 1989. The subject-matter of Part I of the Environmental Protection Act 1990. The provision of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office, but not any related compulsory levy on persons supplying, generating, transmitting or distributing electricity.

Section Oil and gas, including— the ownership of, exploration for and exploitation of deposits of oil and natural gas, the subject-matter of section 1 of the Mineral Exploration and Investment Grants Act 1972 (contributions in connection with mineral exploration) so far as relating to exploration for oil and gas, offshore installations and pipelines, the subject-matter of the Pipe-lines Act 1962 (including section 5 (deemed planning permission)) so far as relating to pipelines within the meaning of section 65 of that Act, the application of Scots law and the jurisdiction of the Scottish courts in relation to offshore activities, pollution relating to oil and gas exploration and exploitation, but only outside controlled waters (within the meaning of section 30A(1) of the Control of Pollution Act 1974), the subject-matter of Part II of the Food and Environment Protection Act 1985 so far as relating to oil and gas exploration and exploitation, but only in relation to activities outside such controlled waters, restrictions on navigation, fishing and other activities in connection with offshore activities, liquefaction of natural gas, and the conveyance, shipping and supply of gas through pipes. the Offshore Petroleum Development (Scotland) Act 1975, other than sections 3 to 7, and Part I of the Environmental Protection Act 1990. The granting and regulation of licences to search and bore for and get petroleum that, at the time of the grant of the licence, is within the Scottish onshore area, except for any consideration payable for such licences. Access to land for the purpose of searching or boring for or getting petroleum under such a licence. The manufacture of gas. The conveyance, shipping and supply of gas other than through pipes. The provision in relation to gas of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office, but not any related compulsory levy on persons supplying gas to premises or conveying gas through pipes. The Scottish onshore area is the area of Scotland that is within the baselines established by any Order in Council under section 1(1)(b) of the Territorial Sea Act 1987 (extension of territorial sea). “Petroleum” means petroleum within the meaning given by section 1 of the Petroleum Act 1998 in its natural state in strata. Section D3. Coal, including its ownership and exploitation, deep and opencast coal mining and coal mining subsidence. Part I of the Environmental Protection Act 1990, and sections 53 (environmental duties in connection with planning) and 54 (obligation to restore land affected by coal-mining operations) of the Coal Industry Act 1994. Section D4. Nuclear energy and nuclear installations, including— nuclear safety, security and safeguards, and liability for nuclear occurrences. The Office for Nuclear Regulation. the Radioactive Substances Act 1993. Section D5. The subject-matter of the Energy Act 1976, other than section 9. The encouragement of energy efficiency other than by prohibition or regulation. Section E1. the Motor Vehicles (International Circulation) Act 1952, the Public Passenger Vehicles Act 1981 and the Transport Act 1985, so far as relating to public service vehicle operator licensing, section 17 of the Road Traffic Regulation Act 1984 (traffic regulation on special roads) except so far as relating to the speed of vehicles on special roads, and section 87 of that Act (exemption of emergency vehicles from speed limits) so far as relating to the training of drivers of vehicles, the Road Traffic Act 1988 , except so far as relating to the parking of vehicles on roads, and the Road Traffic Offenders Act 1988, the Vehicle Excise and Registration Act 1994, the Road Traffic (New Drivers) Act 1995, and the Goods Vehicles (Licensing of Operators) Act 1995. Regulation of proper hours or periods of work by persons engaged in the carriage of passengers or goods by road. The conditions under which international road transport services for passengers or goods may be undertaken. Regulation of the instruction of drivers of motor vehicles. The subject-matter of sections 36 (offence of failing to comply with traffic sign), 39 and 40 (road safety information and training) and 157 to 159 (payments for treatment of traffic casualties) of the Road Traffic Act 1988. The subject-matter of the Road Traffic Act 1988 so far as relating to the regulation of the description, by reference to their construction and equipment, of motor vehicles and trailers which may be used under arrangements for persons to travel to and from the places where they receive education or training, but not the setting of technical standards for the construction or equipment of such motor vehicles or trailers different from the standards that might otherwise apply to them. The reference to the subject-matter of section 87 of the Road Traffic Regulation Act 1984 is to be construed as a reference to it as substituted by section 19 of the Road Safety Act 2006 as at the date when section 40 of the Scotland Act 2016 comes into force, treating section 19 and any amendment affecting it at that date as if they were in force (and, accordingly, paragraph 5(1) of Part 3 of this Schedule does not apply to that reference). Section E2. Provision and regulation of railway services. Rail transport security. The subject-matter of the Channel Tunnel Act 1987. The subject-matter of the Railway Heritage Act 1996. Grants so far as relating to railway services; but this exception does not apply in relation to— the subject-matter of section 63 of the Railways Act 1993 (government financial assistance where railway administration orders made), “ railway services ” as defined in section 82(1)(b) of the Railways Act 1993 (carriage of goods by railway), or the subject-matter of section 136 of the Railways Act 1993 (grants and subsidies). Imposing requirements about the preparation and submission of strategies relating to the provision of rail services on Scottish public authorities with mixed functions relating to such services. The transfer of functions of passenger transport executives or passenger transport authorities relating to the provision and regulation of rail services conferred by Part II of the Transport Act 1968 and sections 32 to 36 of the Railways Act 1993 to, and the allocation of such functions among, relevant authorities. The promotion and construction of railways which start, end and remain in Scotland. Policing of railways and railway property. “railway” has the meaning given by section 67(1) of the Transport and Works Act 1992. “Railway property” has the meaning given by section 75(3) of the Railways and Transport Safety Act 2003. “ Railway services ” has the meaning given by section 82 of the Railways Act 1993 (excluding the wider meaning of “ railway ” given by section 81(2) of that Act). “ relevant authority ” means– the Scottish Ministers; or any Scottish public authority (not being a cross-border public authority or an authority exercising functions solely in relation to a reserved matter) which is set up wholly or mainly to exercise functions relating to transport. Section E3. the Coastguard Act 1925, the Hovercraft Act 1968, except so far as relating to the regulation of noise and vibration caused by hovercraft, the Carriage of Goods by Sea Act 1971, section 2 of the Protection of Wrecks Act 1973 (prohibition on approaching dangerous wrecks), the Merchant Shipping (Liner Conferences) Act 1982, the Dangerous Vessels Act 1985, the Aviation and Maritime Security Act 1990, other than Part I (aviation security), the Carriage of Goods by Sea Act 1992, the Merchant Shipping Act 1995, the Shipping and Trading Interests (Protection) Act 1995, and sections 24 (implementation of international agreements relating to protection of wrecks), 26 (piracy) and 27 and 28 (international bodies concerned with maritime matters) of the Merchant Shipping and Maritime Security Act 1997. Navigational rights and freedoms. Financial assistance for shipping services which start or finish or both outside Scotland. Ports, harbours, piers and boatslips, except in relation to the matters reserved by virtue of paragraph (d), (f), (g) or (i). Regulation of works which may obstruct or endanger navigation. The subject-matter of the Highlands and Islands Shipping Services Act 1960 in relation to financial assistance for bulk freight services. Section E4. Regulation of aviation and air transport, including the subject-matter of— the Carriage by Air Act 1961, the Carriage by Air (Supplementary Provisions) Act 1962, the Carriage by Air and Road Act 1979 so far as relating to carriage by air, the Civil Aviation Act 1982, the Aviation Security Act 1982, the Airports Act 1986, and sections 1 (endangering safety at aerodromes) and 48 (powers in relation to certain aircraft) of the Aviation and Maritime Security Act 1990, and arrangements to compensate or repatriate passengers in the event of an air transport operator’s insolvency. The subject-matter of the following sections of the Civil Aviation Act 1982— section 25 (Secretary of State’s power to provide aerodromes), section 30 (provision of aerodromes and facilities at aerodromes by local authorities), section 31 (power to carry on ancillary business in connection with local authority aerodromes), section 34 (financial assistance for certain aerodromes), section 35 (facilities for consultation at certain aerodromes), section 36 (health control at Secretary of State’s aerodromes and aerodromes of Civil Aviation Authority), and sections 41 to 43 and 50 (powers in relation to land exercisable in connection with civil aviation) where land is to be or was acquired for the purpose of airport development or expansion. The subject-matter of Part II (transfer of airport undertakings of local authorities), sections 63 and 64 (airport byelaws) and 66 (functions of operators of designated airports as respects abandoned vehicles) of the Airports Act 1986. The subject-matter of sections 59 (acquisition of land and rights over land) and 60 (disposal of compulsorily acquired land) of the Airports Act 1986 where land is to be or was acquired for the purpose of airport development or expansion. Imposing requirements about the preparation and submission of strategies relating to the provision of air services on Scottish public authorities with mixed functions relating to such services. Section E5. Transport of radioactive material. Technical specifications for public passenger transport for disabled persons, including the subject-matter of— section 125(7) and (8) of the Transport Act 1985 (Secretary of State’s guidance and consultation with the Disabled Persons Transport Advisory Committee), and Part V of the Disability Discrimination Act 1995 (public transport). Regulation of the carriage of dangerous goods. “ Radioactive material ” has the same meaning as in section 1(1) of the Radioactive Material (Road Transport) Act 1991. Section F1. Schemes supported from central or local funds which provide assistance for social security purposes to or in respect of individuals by way of benefits. Requiring persons to— establish and administer schemes providing assistance for social security purposes to or in respect of individuals, or make payments to or in respect of such schemes, and to keep records and supply information in connection with such schemes. The circumstances in which a person is liable to maintain himself or another for the purposes of the enactments relating to social security and the Child Support Acts 1991 and 1995. The subject-matter of the Vaccine Damage Payment Scheme. Illustrations National Insurance; Social Fund; ... recovery of benefits for accident, injury or disease from persons paying damages; deductions from benefits for the purpose of meeting an individual’s debts; sharing information between government departments for the purposes of the enactments relating to social security; making decisions for the purposes of schemes mentioned in the reservation and appeals against such decisions. Exception 1 Any of the following benefits— disability benefits, other than severe disablement benefit or industrial injuries benefits, severe disablement benefit, so far as payable in respect of a relevant person, and industrial injuries benefits, so far as relating to relevant employment or to participation in training for relevant employment; but this exception does not except a benefit which is, or which is an element of, an excluded benefit. Exception 2 Carer's benefits, other than a benefit which is, or which is an element of, an excluded benefit. Exception 3 The subject-matter of Part II of the Social Work (Scotland) Act 1968 (social welfare services), section 2 of the Chronically Sick and Disabled Persons Act 1970 (provision of welfare services), section 50 of the Children Act 1975 (payments towards maintenance of children), section 15 of the Enterprise and New Towns (Scotland) Act 1990 (industrial injuries benefit), and sections 22 (promotion of welfare of children in need), 29 and 30 (advice and assistance for young persons formerly looked after by local authorities) of the Children (Scotland) Act 1995. Exception 4 Providing financial or other assistance for the purposes of meeting or reducing— maternity expenses, funeral expenses, or expenses for heating in cold weather. Exception 5 Providing financial assistance to an individual who— is entitled to a reserved benefit, and appears to require financial assistance, in addition to any amount the individual receives by way of reserved benefit, for the purpose, or one of the purposes, for which the benefit is being provided. This exception does not except discretionary financial assistance in a reserved benefit. This exception also does not except providing financial assistance to meet or help to meet housing costs (as to which, see exception 6). This exception also does not except providing financial assistance where the requirement for it arises from reduction, non-payability or suspension of a reserved benefit as a result of an individual's conduct (for example, non-compliance with work-related requirements relating to the benefit) unless— the requirement for it also arises from some exceptional event or exceptional circumstances, and the requirement for it is immediate. For the purposes of this exception “reserved benefit” means a benefit which is to any extent a reserved matter. Exception 6 is entitled to— housing benefit, or any other reserved benefit payable in respect of a liability to make rent payments, and appears to require financial assistance, in addition to any amount the individual receives by way of housing benefit or such other reserved benefit, to meet or help to meet housing costs. For the purposes of this exception— “rent payments”— has the meaning given from time to time by paragraph 2 of Schedule 1 to the Universal Credit Regulations 2013 (S.I. 2013/376) or any re-enactment of that paragraph, or if at any time universal credit ceases to be payable to anyone, has the meaning given by that paragraph or any re-enactment of that paragraph immediately before that time; “reserved benefit” means a benefit which is to any extent a reserved matter. Exception 7 Providing financial or other assistance to or in respect of individuals who appear to require it for the purposes of meeting, or helping to meet, a short-term need that requires to be met to avoid a risk to the well-being of an individual. This exception does not except providing assistance where the requirement for it arises from reduction, non-payability or suspension of a benefit as a result of an individual's conduct (for example, non-compliance with work-related requirements relating to the benefit) unless— the need is immediate as well as short-term. Exception 8 Providing occasional financial or other assistance to or in respect of individuals who have been or might otherwise be— in prison, hospital, a residential care establishment or other institution, or homeless or otherwise living an unsettled way of life, and who appear to require the assistance to establish or maintain a settled home. Exception 9 The subject-matter of section 13 of the Social Security Act 1988 (benefits under schemes for improving nutrition: pregnant women, mothers and children). Exception 10 Schemes which provide assistance for social security purposes to or in respect of individuals by way of benefits and which— are supported from sums paid out of the Scottish Consolidated Fund, do not fall within exceptions 1 to 9, and are not connected with reserved matters (other than matters reserved only by virtue of this Section). This exception does not except providing assistance by way of pensions to or in respect of individuals who qualify by reason of old age. This exception does not except providing assistance where the requirement for it arises from reduction, non-payability or suspension of a reserved benefit as a result of an individual's conduct (for example, non-compliance with work-related requirements relating to the benefit) unless— In this exception the reference to schemes supported from sums paid out of the Scottish Consolidated Fund does not include schemes— in respect of which sums are at some time paid out of the Scottish Consolidated Fund, but which are directly supported from payments out of the Consolidated Fund, the National Insurance Fund or the Social Fund, or out of money provided by Parliament. Exclusions from exceptions 1 to 10 Nothing in exceptions 1 to 10 is to be read as excepting— the National Insurance Fund, the Social Fund, or the provision by a Minister of the Crown of assistance by way of loan for the purpose of meeting, or helping to meet, an intermittent expense. “Benefits” includes pensions, allowances, grants, loans and any other form of financial assistance. Providing assistance for social security purposes to or in respect of individuals includes (among other things) providing assistance to or in respect of individuals— who qualify by reason of old age, survivorship, disability, sickness, incapacity, injury, unemployment, maternity or the care of children or others needing care, who qualify by reason of low income, or in relation to their housing costs or liabilities for local taxes. “Disability benefit” means a benefit which is normally payable in respect of— a significant adverse effect that impairment to a person's physical or mental condition has on his or her ability to carry out day-to-day activities (for example, looking after yourself, moving around or communicating), or a significant need (for example, for attention or for supervision to avoid substantial danger to anyone) arising from impairment to a person's physical or mental condition; and for this purpose the adverse effect or need must not be short-term. “Severe disablement benefit” means a benefit which is normally payable in respect of— a person's being incapable of work for a period of at least 28 weeks beginning not later than the person's 20th birthday, or a person's being incapable of work and disabled for a period of at least 28 weeks; and “relevant person”, in relation to severe disablement benefit, means a person who is entitled to severe disablement allowance under section 68 of the Social Security Contributions and Benefits Act 1992 on the date on which section 22 of the Scotland Act 2016 comes into force as respects severe disablement benefit. “Industrial injuries benefit” means a benefit which is normally payable in respect of— a person's having suffered personal injury caused by accident arising out of and in the course of his or her employment, or a person's having developed a disease or personal injury due to the nature of his or her employment; and for this purpose employment includes participation in training for employment. “Relevant employment”, in relation to industrial injuries benefit, means employment which— is employed earner's employment for the purposes of section 94 of the Social Security Contributions and Benefits Act 1992 as at 28 May 2015 (the date of introduction into Parliament of the Bill for the Scotland Act 2016), or would be such employment but for— the contract purporting to govern the employment being void, or the person concerned not being lawfully employed, as a result of a contravention of, or non-compliance with, provision in or made by virtue of an enactment passed to protect employees. “Carer's benefit” means a benefit which is normally payable in respect of the regular and substantial provision of care by a person to a disabled person; and for this purpose "disabled person” means a person to whom a disability benefit is normally payable. “Excluded benefit” means— a benefit, entitlement to which, or the amount of which, is normally determined to any extent by reference to a person's income or capital (for example, universal credit under Part 1 of the Welfare Reform Act 2012), a benefit which is payable out of the National Insurance Fund (for example, employment and support allowance under section 1(2)(a) of the Welfare Reform Act 2007), or a benefit payable by way of lump sum in respect of a person's having, or having had— pneumoconiosis, byssinosis, diffuse mesothelioma, bilateral diffuse pleural thickening, or primary carcinoma of the lung where there is accompanying evidence of one or both of asbestosis and bilateral diffuse pleural thickening. “Employment” includes any trade, business, profession, office or vocation (and “employed” is to be read accordingly). The reference to the subject-matter of section 13 of the Social Security Act 1988 is to be construed as a reference to it as at the day on which section 27 of the Scotland Act 2016 comes into force (and, accordingly, paragraph 5(1) of Part 3 of this Schedule does not apply to that reference). Section F2. The subject-matter of the Child Support Acts 1991 and 1995. The subject-matter of sections 1 to 7 of the Family Law (Scotland) Act 1985 (aliment). If section 30(2) of the Child Support Act 1991 (collection of payments other than child support maintenance) is not in force on the principal appointed day, it is to be treated for the purposes of this reservation as if it were. Section F3. The regulation of occupational pension schemes and personal pension schemes, including the obligations of the trustees or managers of such schemes. Provision about pensions payable to, or in respect of, any persons, except— the persons referred to in section 81(3), in relation to a Scottish public authority with mixed functions or no reserved functions, persons who are or have been a member of the public body, the holder of the public office, or a member of the staff of the body, holder or office. The subject-matter of the Pensions (Increase) Act 1971. Schemes for the payment of pensions which are listed in Schedule 2 to that Act, except those mentioned in paragraphs 38A and 38AB. Where pension payable to or in respect of any class of persons under a public service pension scheme is covered by this reservation, so is making provision in their case— for compensation for loss of office or employment, for their office or employment being affected by constitutional changes, or circumstances arising from such changes, in any territory or territories or for loss or diminution of emoluments, or for benefits in respect of death or incapacity resulting from injury or disease. “Pension” includes gratuities and allowances. Section F4. Schemes for the payment of pensions for or in respect of persons who have a disablement or have died in consequence of service as members of the armed forces of the Crown. The subject-matter of any scheme under the Personal Injuries (Emergency Provisions) Act 1939, sections 3 to 5 and 7 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or section 1 of the Polish Resettlement Act 1947 Illustration The provision of pensions under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983. “Pension” includes grants, allowances, supplements and gratuities. Section G1. Regulation of the profession of architect. Section G2. Regulation of the health professions. section 21 of the National Health Service (Scotland) Act 1978 (requirement of suitable experience for medical practitioners), and section 25 of that Act (arrangements for the provision of general dental services), so far as it relates to vocational training and disciplinary proceedings. “ The health professions ” means the professions regulated by— the Pharmacy Act 1954, the Professions Supplementary to Medicine Act 1960, the Veterinary Surgeons Act 1966, the Medical Act 1983, the Dentists Act 1984, the Opticians Act 1989, the Osteopaths Act 1993, the Chiropractors Act 1994, and the Nurses, Midwives and Health Visitors Act 1997. Section G3. Regulation of the profession of auditor. Section H1. Employment rights and duties and industrial relations, including the subject-matter of— the Employers’ Liability (Compulsory Insurance) Act 1969, the Employment Agencies Act 1973, the Pneumoconiosis etc. (Workers’ Compensation) Act 1979, the Transfer of Undertakings (Protection of Employment) Regulations 1981, the Trade Union and Labour Relations (Consolidation) Act 1992, the Employment Tribunals Act 1996, the Employment Rights Act 1996, and the National Minimum Wage Act 1998. The subject-matter of the Agricultural Wages (Scotland) Act 1949. Section H2. The subject-matter of Part I of the Health and Safety at Work etc. Act 1974 The Health and Safety Commission, the Health and Safety Executive and the Employment Medical Advisory Service For the purposes of the reservation of the subject-matter of Part I of the Health and Safety at Work etc. Act 1974– “work” and “at work” in that Part are to be taken to have the meaning they have on the principal appointed day; that subject-matter includes– process fire precautions; fire precautions in relation to petroleum and petroleum spirit; and fire safety on . . . ships and hovercraft, in mines and on offshore installations; . . . but does not include any other aspect of fire safety. Section H3. the Disabled Persons (Employment) Act 1944, and the Employment and Training Act 1973, except so far as relating to training for employment. The making by a person of arrangements for, or arrangements for the purposes of or in connection with a scheme for, any of the following purposes— assisting disabled persons to select, obtain and retain employment; assisting persons claiming reserved benefits who are at risk of long-term unemployment to select, obtain and retain employment, where the assistance is for at least a year; assisting employers to obtain suitable employees who are persons referred to in paragraph (a) or (b). The arrangements referred to in this exception include— securing that the assistance referred to in this exception is provided by another person; providing or arranging for the provision of facilities, support or services to any person; the making of payments to any person. The assistance referred to in this exception includes— work search support, skills training, and work placements for the benefit of the community. In this exception— “disabled person” has the same meaning as it has in the Equality Act 2010 as at 28 May 2015 (the date of introduction into Parliament of the Bill for the Scotland Act 2016); sections 8 to 10A of the Employment and Training Act 1973 (careers services), and the following sections of Part I of the Enterprise and New Towns (Scotland) Act 1990 (Scottish Enterprise and Highlands and Islands Enterprise)— section 2(3)(c) (arrangements for the purpose of assisting persons to establish themselves as self-employed persons), and section 12 (disclosure of information). Section J2. Xenotransplantation. Section J3. Surrogacy arrangements, within the meaning of the Surrogacy Arrangements Act 1985, including the subject-matter of that Act. The subject-matter of the Human Fertilisation and Embryology Act 1990. Human genetics. Section J4. the Medicines Act 1968, except so far as it applies in relation to— medicinal products which are for use in relation to animals, and animal feeding stuffs, the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994, the Poisons Act 1972, and the Biological Standards Act 1975. Regulation of prices charged for medical supplies or medicinal products which (in either case) are supplied for the purposes of the health service established under section 1 of the National Health Service (Scotland) Act 1978. veterinary medicinal products, specified feed additives, and animal feeding stuffs, in relation to— the incorporation in them of veterinary medicinal products or specified feed additives, matters arising in consequence of such incorporation. “ Medical supplies ” has the same meaning as in section 49(3) of the National Health Service (Scotland) Act 1978. “ Medicinal products ” has , in relation to the reservation of the regulation of prices charged for medical supplies or medicinal products supplied for the purposes of the health service, the same meaning as in section 130(1) of the Medicines Act 1968. “Specified feed additives” has the same meaning as in Schedule 5 to the Veterinary Medicines Regulations 2013 (as at 1st October 2013). “Veterinary medicinal products” has the same meaning as in regulation 2(1) of the Veterinary Medicines Regulations 2013 (as at 1st October 2013). Section K1. The subject-matter of the Broadcasting Act 1990 and the Broadcasting Act 1996. The British Broadcasting Corporation. Section K2. The subject-matter of the Public Lending Right Act 1979. Section K3. The subject-matter of sections 16 and 16A of the National Heritage Act 1980 (public indemnities for objects on loan to museums, art galleries, etc. ). Section K4. The subject-matter of sections 8 and 9 of the National Heritage Act 1980 (payments to Inland Revenue in respect of property accepted in satisfaction of tax, and disposal of such property). Section L1. Determination of the remuneration of— judges of the Court of Session, sheriffs principal and sheriffs, members of the Lands Tribunal for Scotland, and the Chairman of the Scottish Land Court. Section L2. Equal opportunities ... The encouragement (other than by prohibition or regulation) of equal opportunities, and in particular of the observance of the equal opportunity requirements. Imposing duties on— any office-holder in the Scottish Administration, or any Scottish public authority with mixed functions or no reserved functions, to make arrangements with a view to securing that the functions of the office-holder or authority are carried out with due regard to the need to meet the equal opportunity requirements, or any cross-border public authority to make arrangements with a view to securing that its Scottish functions are carried out with due regard to the need to meet the equal opportunity requirements. Equal opportunities so far as relating to the inclusion of persons with protected characteristics in non-executive posts on boards of Scottish public authorities with mixed functions or no reserved functions. Equal opportunities in relation to the Scottish functions of any Scottish public authority or cross-border public authority, other than any function that relates to the inclusion of persons in non-executive posts on boards of Scottish public authorities with mixed functions or no reserved functions. The provision falling within this exception does not include any modification of the Equality Act 2010, or of any subordinate legislation made under that Act, but does include— provision that supplements or is otherwise additional to provision made by that Act; in particular, provision imposing a requirement to take action that that Act does not prohibit; provision that reproduces or applies an enactment contained in that Act, with or without modification, without affecting the enactment as it applies for the purposes of that Act. “ Board ” includes any other equivalent management body. “ Equal opportunities ” means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions. “ Equal opportunity requirements ” means the requirements of the law for the time being relating to equal opportunities. “ Non-executive post ” in relation to an authority means any position the holder of which is not an employee of the authority. “ Protected characteristic ” has the same meaning as in the Equality Act 2010. “ Scottish functions ” means functions which are exercisable in or as regards Scotland and which do not relate to reserved matters. The references to the Equality Act 2010 and any subordinate legislation made under that Act are to be read as references to those enactments, as at the day on which section 37 of the Scotland Act 2016 comes into force, but treating any provision of them that is not yet in force on that day as if it were in force. Section L3. Control of nuclear, biological and chemical weapons and other weapons of mass destruction. Section L4. The subject-matter of the Ordnance Survey Act 1841. Section L5. Timescales, time zones and the subject-matter of the Summer Time Act 1972. The calendar; units of time; the date of Easter. The computation of periods of time. section 1 of the Banking and Financial Dealings Act 1971 (bank holidays), and the Term and Quarter Days (Scotland) Act 1990. Section L6. Regulation of activities in outer space. Regulation of activities in Antarctica. Interpretation “Antarctica” has the meaning given by section 1 of the Antarctic Act 1994. This Schedule does not reserve any Scottish public authority if some of its functions relate to reserved matters and some do not, unless it is a cross-border public authority. Sub-paragraph (1) has effect as regards— the constitution of the authority, including its establishment and dissolution, its assets and liabilities and its funding and receipts, conferring or removing any functions specifically exercisable in relation to the authority. Sub-paragraph (2)(b) does not apply to any function which is specifically exercisable in relation to a particular function of the authority if the particular function relates to reserved matters. An authority to which this paragraph applies is referred to in this Act as a Scottish public authority with mixed functions. Paragraph 1 of Part I of this Schedule does not reserve any Scottish public authority with functions none of which relate to reserved matters (referred to in this Act as a Scottish public authority with no reserved functions). This Schedule does not reserve the transfer to a Scottish tribunal of functions of a tribunal that relate to reserved matters, so far as those functions are exercisable in relation to Scottish cases. “ Scottish cases ” has the meaning given by an Order in Council made by Her Majesty under this sub-paragraph. Sub-paragraph (1) does not apply where a function is excluded from transfer. Where a function is not excluded from transfer but is subject to qualified transfer, sub-paragraph (1) applies only if the transfer of the function is in accordance with provision made by Her Majesty by Order in Council. An Order in Council under sub-paragraph (4)— must specify the function to which it relates, must specify the Scottish tribunal to which the function may be transferred, and may make any other provision which Her Majesty considers necessary or expedient for the purposes of or in consequence of the transfer of the function and its exercise by the Scottish tribunal. The functions that are subject to qualified transfer are the functions of the following tribunals— the First-tier Tribunal or the Upper Tribunal that are established under section 3 of the Tribunals, Courts and Enforcement Act 2007; an employment tribunal or the Employment Appeal Tribunal; a tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992; a tribunal listed in Schedule 6 to the Tribunals, Courts and Enforcement Act 2007. Sub-paragraph (6)(c) and (d) include a tribunal added to the Schedule concerned after this paragraph comes into force. Provision made by virtue of sub-paragraph (5)(c) may— include provision that— modifies the function; imposes conditions or restrictions (including conditions or restrictions relating to the composition or rules of procedure of the Scottish tribunal, or to its staff or accommodation); be made with a view to purposes including— securing consistency in any respect in practice or procedure or otherwise between the Scottish tribunal and other tribunals; promoting judicial co-operation in the interests of consistency. Sub-paragraph (8) does not limit the provision that may be made by virtue of sub-paragraph (5)(c). The following functions are excluded from transfer— functions of a national security tribunal; functions of a regulator, or of a person or body that exercises functions on behalf of a regulator; functions of the Comptroller-General of Patents, Designs and Trade Marks. In this paragraph— a “ national security tribunal ” means— the Pathogens Access Appeal Commission; the Proscribed Organisations Appeal Commission; the Special Immigration Appeals Commission; the tribunal established by section 65(1) of the Regulation of Investigatory Powers Act 2000 (investigatory powers tribunal); any other tribunal that has functions relating to matters falling within Section B8 of Part 2 of this Schedule, except a tribunal mentioned in sub-paragraph (6); a “ regulator ” means a person or body that has regulatory functions (within the meaning given by section 32 of the Legislative and Regulatory Reform Act 2006); a “ Scottish tribunal ” means a tribunal in Scotland— that does not have functions in or as regards any other country or territory, except for purposes ancillary to its functions in or as regards Scotland, and that is not, and does not have as a member, a member of the Scottish Government. The powers conferred by this paragraph do not affect the powers conferred by section 30 or section 113. The reservation of any body to which this paragraph applies has effect to reserve— its constitution, including its establishment and dissolution, its assets and liabilities and its funding and receipts, conferring functions on it or removing functions from it, conferring or removing any functions specifically exercisable in relation to it. This paragraph applies to— a body reserved by name by Part II of this Schedule, each of the councils reserved by Section C12 of that Part, the Commission for Racial Equality, the Equal Opportunities Commission and the Disability Rights Commission. the Commission for Equality and Human Rights. the Office of Communications, This Schedule does not reserve giving financial assistance to commercial activities for the purpose of promoting or sustaining economic development or employment. Sub-paragraph (1)— does not apply to giving financial assistance to any activities in pursuance of a power exercisable only in relation to activities which are reserved, does not apply to Part I of this Schedule, except paragraph 9, or to a body to which paragraph 3 of this Part of this Schedule applies, is without prejudice to the exceptions from the reservations in Sections C11, E2 and E3 of Part II of this Schedule. Sub-paragraph (1) does not affect the question whether any matter other than financial assistance to which that sub-paragraph applies is reserved. This Schedule does not reserve the conferral of a power on the Scottish Ministers to identify, by way of subordinate legislation made with the agreement of the Secretary of State, substances or devices for use in assisting terminally ill adults to voluntarily end their own lives. This Schedule does not reserve the conferral of a power on the Secretary of State to regulate such substances or devices by way of subordinate legislation made without the agreement of the Scottish Ministers or any other person (except Parliament). The exceptions created by sub-paragraphs (1) and (2) apply only in relation to a provision that is contained in an Act of the Parliament resulting from a Bill passed on or before 7 May 2026. The exceptions created by sub-paragraphs (1) and (2) do not apply in relation to a provision that— mandates or restricts— the substances or types of substances that may be identified; the devices or types of devices that may be identified; how the substances or devices may be regulated; mandates or restricts the period within which subordinate legislation may be made or agreed to; imposes a duty on the Secretary of State. In sub-paragraph (4)(c), the reference to imposing a duty on the Secretary of State does not include reference to— requiring that subordinate legislation be made by statutory instrument to which the Statutory Instruments Act 1946 applies, or providing that subordinate legislation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. References in this Schedule to the subject-matter of any enactment are to be read as references to the subject-matter of that enactment as it has effect on the principal appointed day or, if it ceased to have effect at any time within the period ending with that day and beginning with the day on which this Act is passed, as it had effect immediately before that time. Subordinate legislation under section 129(1) may, in relation to the operation of this Schedule at any time before the principal appointed day, modify the references to that day in sub-paragraph (1). In this Schedule “devolution issue” means— a question whether an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament is within the legislative competence of the Parliament, a question whether any function (being a function which any person has purported, or is proposing, to exercise) is a function of the Scottish Ministers, the First Minister or the Lord Advocate, a question whether the purported or proposed exercise of a function by a member of the Scottish Executive is, or would be, within devolved competence, a question whether a purported or proposed exercise of a function by a member of the Scottish Executive is, or would be, incompatible with any of the Convention rights ..., a question whether a failure to act by a member of the Scottish Executive is incompatible with any of the Convention rights..., any other question about whether a function is exercisable within devolved competence or in or as regards Scotland and any other question arising by virtue of this Act about reserved matters. But a question arising in criminal proceedings in Scotland that would, apart from this paragraph, be a devolution issue is not a devolution issue if (however formulated) it relates to a compatibility issue (within the meaning given by section 288ZA(2) of the Criminal Procedure (Scotland) Act 1995). A devolution issue shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious. This Part of this Schedule applies in relation to devolution issues in proceedings in Scotland. Proceedings for the determination of a devolution issue may be instituted by the Advocate General or the Lord Advocate. The Lord Advocate may defend any such proceedings instituted by the Advocate General. This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person. Intimation of any devolution issue which arises in any proceedings before a court or tribunal shall be given to the Advocate General and the Lord Advocate (unless the person to whom the intimation would be given is a party to the proceedings). A person to whom intimation is given in pursuance of paragraph 5 may take part as a party in the proceedings, so far as they relate to a devolution issue. A court, other than the Supreme Court or any court consisting of three or more judges of the Court of Session, may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Inner House of the Court of Session. A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Inner House of the Court of Session; and any other tribunal may make such a reference. A court, other than any court consisting of two or more judges of the High Court of Justiciary, may refer any devolution issue which arises in criminal proceedings before it to the High Court of Justiciary. Any court consisting of three or more judges of the Court of Session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7 or 8) to the Supreme Court. Any court consisting of two or more judges of the High Court of Justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 9) to the Supreme Court. An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 7 or 8 shall lie to the Supreme Court. An appeal against a determination of a devolution issue by— a court of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 9), or a court of three or more judges of the Court of Session from which there is no appeal to the Supreme Court apart from this paragraph, shall lie to the Supreme Court, but only with permission of the court from which the appeal lies or, failing such permission, with permission of the Supreme Court. In criminal proceedings, an application to the High Court for permission under paragraph 13 must be made— within 28 days of the date of the determination against which the appeal lies, or within such longer period as the High Court considers equitable having regard to all the circumstances. In criminal proceedings, an application to the Supreme Court for permission under paragraph 13 must be made— within 28 days of the date on which the High Court refused permission under that paragraph, or within such longer period as the Supreme Court considers equitable having regard to all the circumstances. This Part of this Schedule applies in relation to devolution issues in proceedings in England and Wales. Proceedings for the determination of a devolution issue may be instituted by the Attorney General. The Lord Advocate may defend any such proceedings. A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General and the Lord Advocate (unless the person to whom the notice would be given is a party to the proceedings). A person to whom notice is given in pursuance of paragraph 16 may take part as a party in the proceedings, so far as they relate to a devolution issue. A magistrates’ court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the High Court. A court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Court of Appeal. Sub-paragraph (1) does not apply to— a magistrates’ court, the Court of Appeal or the Supreme Court, or the High Court if the devolution issue arises in proceedings on a reference under paragraph 18. A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Court of Appeal; and any other tribunal may make such a reference.

A court, other than the Supreme Court or the Court of Appeal, may refer any devolution issue which arises in criminal proceedings before it to— the High Court (if the proceedings are summary proceedings), or the Court of Appeal (if the proceedings are proceedings on indictment). The Court of Appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 19, 20 or 21) to the Supreme Court. An appeal against a determination of a devolution issue by the High Court or the Court of Appeal on a reference under paragraph 18, 19, 20 or 21 shall lie to the Supreme Court, but only with permission of the High Court or (as the case may be) the Court of Appeal or, failing such permission, with permission of the Supreme Court. This Part of this Schedule applies in relation to devolution issues in proceedings in Northern Ireland. Proceedings for the determination of a devolution issue may be instituted by the Advocate General for Northern Ireland. A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Advocate General for Northern Ireland and the Lord Advocate (unless the person to whom the notice would be given is a party to the proceedings). A person to whom notice is given in pursuance of paragraph 26 may take part as a party in the proceedings, so far as they relate to a devolution issue. A court, other than the Supreme Court or the Court of Appeal in Northern Ireland, may refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland. A tribunal from which there is no appeal shall refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland; and any other tribunal may make such a reference. The Court of Appeal in Northern Ireland may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 28 or 29) to the Supreme Court. An appeal against a determination of a devolution issue by the Court of Appeal in Northern Ireland on a reference under paragraph 28 or 29 shall lie to the Supreme Court, but only with permission of the Court of Appeal in Northern Ireland or, failing such permission, with permission of the Supreme Court. The Lord Advocate, the Advocate General, the Attorney General or the Advocate General for Northern Ireland may require any court or tribunal to refer to the Supreme Court any devolution issue which has arisen in proceedings before it to which he is a party. The Lord Advocate, the Attorney General, the Advocate General or the Advocate General for Northern Ireland may refer to the Supreme Court any devolution issue which is not the subject of proceedings. This paragraph applies where a reference is made under paragraph 34 in relation to a devolution issue which relates to the proposed exercise of a function by a member of the Scottish Executive. The person making the reference shall notify a member of the Scottish Executive of that fact. No member of the Scottish Executive shall exercise the function in the manner proposed during the period beginning with the receipt of the notification under sub-paragraph (2) and ending with the reference being decided or otherwise disposed of. Proceedings relating to any possible failure by a member of the Scottish Executive to comply with sub-paragraph (3) may be instituted by the Advocate General. Sub-paragraph (4) is without prejudice to any power to institute proceedings exercisable apart from that sub-paragraph by any person. A court or tribunal before which any proceedings take place may take account of any additional expense of the kind mentioned in sub-paragraph (3) in deciding any question as to costs or expenses. In deciding any such question, the court or tribunal may award the whole or part of the additional expense as costs or (as the case may be) expenses to the party who incurred it (whatever the decision on the devolution issue). The additional expense is any additional expense which the court or tribunal considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of paragraph 6, 17 or 27. Any power to make provision for regulating the procedure before any court or tribunal shall include power to make provision for the purposes of this Schedule including, in particular, provision— for prescribing the stage in the proceedings at which a devolution issue is to be raised or referred, for the sisting or staying of proceedings for the purpose of any proceedings under this Schedule, and for determining the manner in which and the time within which any intimation or notice is to be given. Any duty or power conferred by this Schedule to refer a devolution issue to a court shall be construed as a duty or (as the case may be) power to refer the issue to the court for decision. Subordinate legislation (or a statutory instrument containing it) under a provision listed in the left-hand column is subject to the type of procedure in the right-hand column. This paragraph is subject to paragraphs 3 and 4. Type L Section 12A Type C Section 66(5) Type E Section 67A(2) Section 80B Type A Section 80G(1), (1A) or (2) Section 80G(1B) Type K Section 90B Section 113(12) Schedule 5, Part 3, paragraph 2A Notes The entry for section 58 does not apply to an instrument containing an order merely revoking an order under subsection (1) of that section. The entry for section 79, in relation to an instrument containing an order which makes only such provision as is mentioned in section 79(3), is to be read as referring to type K instead of type E. The types of procedure referred to in this Schedule are— Type A: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument — has been laid before, and approved by resolution of, each House of Parliament, and has been laid before, and approved by resolution of, the Parliament. Type B: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament. Type C: No Minister of the Crown is to make the legislation unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament. Type D: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament. Type E: No Minister of the Crown is to make the legislation unless a draft of the instrument has been laid before, and approved by resolution of, the House of Commons. Type F: The instrument containing the legislation, if made without a draft having been approved by resolution of each House of Parliament and of the Parliament, shall be subject to annulment in pursuance of— a resolution of either House, or a resolution of the Parliament. Type G: The instrument containing the legislation, if made without a draft having been approved by resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House. Type H: The instrument containing the legislation shall be subject to annulment in pursuance of— a resolution of either House of Parliament, or Type I: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of either House of Parliament. Type J: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the Parliament. Type K: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the House of Commons. Type L: The legislation shall be subject to the affirmative procedure. This paragraph applies if— the instrument containing the legislation would, apart from this paragraph, be subject to the type F, G, H, I or K procedure, and the legislation contains provisions which add to, replace or omit any part of the text of an Act. Where this paragraph applies— instead of the type F procedure, the type A procedure shall apply, instead of the type G procedure, the type B or (as the case may be) C procedure shall apply, instead of the type H procedure, the type A procedure shall apply, instead of the type I procedure, the type B or (as the case may be) C procedure shall apply, instead of the type K procedure, the type E procedure shall apply. If legislation under section 90B amends a scheme under that section and does not contain provision— made by virtue of subsection (12) or (19) of that section, or adding to, replacing or omitting any part of the text of an Act, then, instead of the type C procedure, the type I procedure shall apply. If legislation under section 129(1) makes provision as mentioned in section 112(2) then, instead of the type G procedure, the type D procedure shall apply. An instrument containing an Order in Council or order under an open power which revokes, amends or re-enacts subordinate legislation under an open power may (in spite of section 14 of the Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original legislation was subject. An instrument containing an Order in Council under section 89 or 90 which revokes, amends or re-enacts an Order under either section may (in spite of section 14 of the Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original Order was subject. In section 2 of the Public Revenue (Scotland) Act 1833 (regulation of Queen’s and Lord Treasurer’s Remembrancer), for “Treasury” in both places there is substituted “ Scottish Ministers ”. The Crown Suits (Scotland) Act 1857 is amended as follows. In section 1 (Crown suits may be brought by or against Lord Advocate)— after “Crown” there is inserted “ (including the Scottish Administration) ”, and for “Her Majesty’s Advocate for the time being” there is substituted “ the appropriate Law Officer ”. In section 2 (authority of Crown required)— for “Her Majesty’s Advocate” there is substituted “ the appropriate Law Officer ”, and after “Majesty” there is inserted “ of the part of the Scottish Administration ”. In section 3 (absence of authority cannot be founded upon), for “Her Majesty’s Advocate” there is substituted “ the appropriate Law Officer ”. After section 4 there is inserted— In this Act “the appropriate Law Officer” means— the Lord Advocate, where the action, suit or proceeding is on behalf of or against any part of the Scottish Administration, and the Advocate General for Scotland, in any other case. In section 5 (change of Lord Advocate not to affect proceedings)— for “Her Majesty’s Advocate” there is substituted “ the Lord Advocate or the Advocate General for Scotland ”, and for “the office of Her Majesty’s Advocate” there is substituted “ that office ”. The Sheriff Courts and Legal Officers (Scotland) Act 1927 is amended as follows. In section 1(2) (appointment etc. of procurator fiscal), “with the consent of the Treasury” is omitted. In section 2 (appointment of sheriff clerk and procurator fiscal deputes), “with the consent of the Treasury as to numbers and salaries” is omitted. In section 3 (whole-time sheriff clerks and procurators fiscal and deputes), “and in either case with the consent of the Treasury” is omitted. In section 5 (whole-time clerks), “with the consent of the Treasury as to numbers and salaries” is omitted. In section 12 (prosecutions at instance of procurator fiscal), “after consultation with the Treasury” is omitted. In the Administration of Justice (Scotland) Act 1933, in sections 24(7) and 25 (officers of Court of Session etc.), “and shall be exercised on nomination by the Lord Advocate” is omitted. In section 1 of the Private Legislation Procedure (Scotland) Act 1936 (application for provisional order: notices), after subsection (4) there is added— This section shall not apply where any public authority or any persons desire to obtain parliamentary powers the conferring of which is wholly within the legislative competence of the Scottish Parliament. In section 1 of the United Nations Act 1946 (measures to give effect to decisions of Security Council), in subsection (4), for the words following “shall” there is substituted forthwith after it is made be laid— before Parliament; and if any provision made by the Order would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament, before that Parliament. The Crown Proceedings Act 1947 is amended as follows. In section 38(2) (interpretation)— in the definition of “His Majesty’s aircraft”, after “Kingdom” there is inserted “ or the Scottish Administration ”, in the definition of “His Majesty’s ships”, after “Kingdom” there is inserted “ or the Scottish Administration ” and after “said Government” there is inserted “ or Administration ”, and in the definition of “officer”, after “Minister of the Crown” there is inserted “ and a member of the Scottish Executive ”. In section 40 (savings)— in subsection (2), after “in the United Kingdom”, in each place where those words appear, there is inserted “ or the Scottish Administration ”, and after subsection (3) there is inserted— A certificate of the Scottish Ministers to the effect that— any alleged liability of the Crown arises otherwise than in respect of the Scottish Administration, any proceedings by the Crown are proceedings otherwise than in right of the Scottish Administration, shall, for the purposes of this Act, be conclusive as to that matter. In the proviso to section 44 (remit from sheriff court to Court of Session on Lord Advocate’s certificate)— for “Lord Advocate” there is substituted “ appropriate Law Officer ”, and at the end there is inserted— In this proviso, “the appropriate Law Officer” means— the Lord Advocate, where the proceedings are against any part of the Scottish Administration, and In section 50 (application to Scotland of section 35), subsection (2) of section 35 as substituted for Scotland is amended as follows— in paragraph (d)— after “Crown” there is inserted “ in right of Her Majesty’s Government in the United Kingdom ”, for “Lord Advocate” there is substituted “ Advocate General for Scotland ”, and after “department”, in the second place where it appears, there is inserted— shall not be entitled to avail itself of any set-off or counterclaim if the subject matter thereof relates to the Scottish Administration, and after that paragraph there is inserted— a part of the Scottish Administration, in any proceedings against that part or against the Lord Advocate on its behalf, shall not be entitled to avail itself of any set-off or counterclaim if the subject matter thereof relates to another part of the Scottish Administration or to the Crown in right of Her Majesty’s Government in the United Kingdom. In section 51(2) (application to Scotland of section 38), in paragraph (ii), after “Lord Advocate” there is inserted “ or the Advocate General for Scotland ”. In section 1(1) of the Public Registers and Records (Scotland) Act 1948 (appointment etc. of Keeper of the Registers and Keeper of the Records), for “Secretary of State” there is substituted “ Scottish Ministers ”. In section 2 of the Lands Tribunal Act 1949 (members etc. of Lands Tribunal for Scotland)— after that subsection there is inserted— The remuneration of members of the Lands Tribunal for Scotland shall be charged on the Scottish Consolidated Fund. In section 10 of the Defamation Act 1952 (limitation on privilege at elections), after “local government authority” there is inserted “ to the Scottish Parliament ”. In section 10(2) of the Defamation Act (Northern Ireland) 1955 (limitation on privilege at elections), after “Parliament of the United Kingdom” there is inserted “ or to the Scottish Parliament ”. In section 1(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (power of Secretary of State to appoint Registrar General), for “Secretary of State” there is substituted “ Scottish Ministers ”. In Part II of Schedule 2 to the Pensions (Increase) Act 1971 (official pensions out of local funds), before paragraph 39 there is inserted— A pension payable under a scheme established by virtue of section 81(4)(b) of, or paragraph 3(4)(b) of Schedule 2 to, the Scotland Act 1998. In section 1(6) of the Superannuation Act 1972 (superannuation as respects civil servants etc.), for “or the Consolidated Fund” there is substituted “ the Consolidated Fund or the Scottish Consolidated Fund ”. The Interpretation Act 1978 is amended as follows. After section 23 there is inserted— This Act applies in relation to an Act of the Scottish Parliament and an instrument made under such an Act only to the extent provided in this section. Except as provided in subsection (3) below, sections 15 to 18 apply to— an Act of the Scottish Parliament as they apply to an Act, an instrument made under an Act of the Scottish Parliament as they apply to subordinate legislation. In the application of those sections to an Act and to subordinate legislation— references to an enactment include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and the reference in section 17(2)(b) to subordinate legislation includes an instrument made under an Act of the Scottish Parliament. In the application of section 20 to an Act and to subordinate legislation, references to an enactment include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament. In Schedule 1 (words and expressions defined), the following definitions are inserted in the appropriate places— “Act” means an Act of Parliament. “Enactment” does not include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament. In section 135(1) of the Education (Scotland) Act 1980 (interpretation), in the definition of “Her Majesty’s inspectors”, “on the recommendation of the Secretary of State” is omitted. Section 46 of the Civil Jurisdiction and Judgments Act 1982 (domicile and seat of the Crown) is amended as follows. In subsection (3), after paragraph (a) there is inserted— the Crown in right of the Scottish Administration has its seat in, and in every place in, Scotland, In subsection (7), after “Kingdom” there is inserted “ , the Scottish Administration ”. Sections 6 and 7 of the National Audit Act 1983 (value for money studies) shall not apply in relation to— the Scottish Administration or any part of it, or any Scottish public authority with mixed functions or no reserved functions. In section 1 of the Tourism (Overseas Promotion) (Scotland) Act 1984 (power of Scottish Tourist Board to promote tourism in Scotland outside UK), subsection (2) is omitted. The Insolvency Act 1986 is amended as follows. Anything directed to be done, or which may be done, to or by the registrar of companies in Scotland by virtue of any of the provisions mentioned in sub-paragraph (3), shall, or (as the case may be) may, also be done to or by the Accountant in Bankruptcy. In the case of a building society, friendly society or industrial and provident society which has its registered office in Scotland, anything directed to be done, or which may be done, to or by the Financial Conduct Authority by virtue of any of the provisions mentioned in sub-paragraph (3) as applied (with or without modifications) in relation to the society shall, or (as the case may be) may, also be done to or by the Accountant in Bankruptcy. Those provisions are: sections 53(1), 54(3), 61(6), 62(5) (so far as relating to the giving of notice), 67(1), 69(2), 84(3), 94(3), 106(3) and (5), 112(3), 130(1), 147(3), 170(2) and 172(8). Anything directed to be done, or which may be done, to or by the registrar of companies in Scotland by virtue of any of the provisions mentioned in sub-paragraph (5), shall, or (as the case may be) shall instead be done to or by the Accountant in Bankruptcy. In the case of a building society, friendly society or industrial and provident society which has its registered office in Scotland, anything directed to be done, or which may be done, to or by the Financial Conduct Authority by virtue of any of those provisions as applied (with or without modifications) in relation to the society shall, or (as the case may be) shall instead be done to or by the Accountant in Bankruptcy. Those provisions are: sections 89(3), 109(1), 171(5) and (6), 173(2)(a) and 192(1). In section 427 (members of the House of Commons whose estates are sequestrated etc.), after subsection (6) there is inserted— Subsections (4) to (6) have effect in relation to a member of the Scottish Parliament but as if— references to the House of Commons were to the Parliament and references to the Speaker were to the Presiding Officer, and in subsection (4), for “under this section” there were substituted “under section 15(1)(b) of the Scotland Act 1998 by virtue of this section”. In section 26(1) of the Public Order Act 1986 (savings for reports of parliamentary proceedings), after “Parliament” there is inserted “ or in the Scottish Parliament ”. The Copyright, Designs and Patents Act 1988 is amended as follows. In section 12(9) (duration of copyright in literary, dramatic, musical or artistic works), for “166” there is substituted “ 166A ”. In section 153(2) (qualification for copyright protection), for “166” there is substituted “ 166A ”. In section 163(6) (Crown copyright), for “and 166” there is substituted “ to 166A ”. In section 164(1) (Crown copyright in Acts of Parliament etc.), after “Parliament” there is inserted “ Act of the Scottish Parliament ”. After section 166 there is inserted— Copyright in every Bill introduced into the Scottish Parliament belongs to the Scottish Parliamentary Corporate Body. Copyright under this section subsists from the time when the text of the Bill is handed in to the Parliament for introduction— until the Bill receives Royal Assent, or if the Bill does not receive Royal Assent, until it is withdrawn or rejected or no further parliamentary proceedings may be taken in respect of it. References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright. No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Parliament. In section 178 (minor definitions)— in the definition of “the Crown”, after “of” there is inserted “ the Scottish Administration or of ”, and in the definition of “parliamentary proceedings”, after “Assembly” there is inserted “ of the Scottish Parliament ”. In section 179 (index of defined expressions), in column 2 of the entry for “Parliamentary copyright”, for “and 166(6)” there is substituted “ 166(6) and 166A(3) ”. Section 12 of the Official Secrets Act 1989 (meaning of “Crown servant” and “government contractor” for the purposes of that Act) is amended as follows. In subsection (1), after paragraph (a) there is inserted— a member of the Scottish Executive or a junior Scottish Minister; In subsection (2)(a), after “above,” there is inserted “ of any office-holder in the Scottish Administration, ”. After subsection (3) there is inserted— In this section “office-holder in the Scottish Administration” has the same meaning as in section 126(7)(a) of the Scotland Act 1998. The Prisons (Scotland) Act 1989 is amended as follows. Section 2 of that Act (appointment of officers etc.) is omitted. In section 3(1) (prison officers), for the words following “Secretary of State” there is substituted— Every prison shall have a governor and such other officers as may be necessary. In section 3A (medical services)— in subsection (2), for “appointing” there is substituted “ providing ” and for “appointment” there is substituted “ provision ”, and in subsection (4), for “appointed” there is substituted “ provided ”. In section 1 of the Scottish Land Court Act 1993 (the Scottish Land Court)— in subsection (2), for “Secretary of State” there is substituted “ First Minister ”, and after subsection (2) there is inserted— Before recommending the appointment of a person as Chairman, the First Minister shall consult the Lord President of the Court of Session. In section 41 of the Value Added Tax Act 1994 (application to the Crown), in subsection (6), after “includes” there is inserted “ the Scottish Administration ”. In section 12(1) of the Requirements of Writing (Scotland) Act 1995 (interpretation)— in the definition of “Minister”, after “1975” there is inserted “ and also includes a member of the Scottish Executive ”, and in paragraph (a) of the definition of “officer”, after “Department” there is inserted “ or, as the case may be, as a member of the staff of the Scottish Ministers or the Lord Advocate ”. The Criminal Procedure (Scotland) Act 1995 is amended as follows. After section 288 there is inserted— a person is acquitted or convicted of a charge (whether on indictment or in summary proceedings), and the Advocate General for Scotland was a party to the proceedings in pursuance of paragraph 6 of Schedule 6 to the Scotland Act 1998 (devolution issues). The Advocate General for Scotland may refer any devolution issue which has arisen in the proceedings to the High Court for their opinion; and the Clerk of Justiciary shall send to the person acquitted or convicted and to any solicitor who acted for that person at the trial, a copy of the reference and intimation of the date fixed by the Court for a hearing. The person may, not later than seven days before the date so fixed, intimate in writing to the Clerk of Justiciary and to the Advocate General for Scotland either— that he elects to appear personally at the hearing, or that he elects to be represented by counsel at the hearing, but, except by leave of the Court on cause shown, and without prejudice to his right to attend, he shall not appear or be represented at the hearing other than by and in conformity with an election under this subsection. Where there is no intimation under subsection (3)(b), the High Court shall appoint counsel to act at the hearing as amicus curiae. The costs of representation elected under subsection (3)(b) or of an appointment under subsection (4) shall, after being taxed by the Auditor of the Court of Session, be paid by the Advocate General for Scotland out of money provided by Parliament. The opinion on the point referred under subsection (2) shall not affect the acquittal or (as the case may be) conviction in the trial. This section applies where the Judicial Committee of the Privy Council determines an appeal under paragraph 13(a) of Schedule 6 to the Scotland Act 1998 against a determination of a devolution issue by the High Court in the ordinary course of proceedings. The determination of the appeal shall not affect any earlier acquittal or earlier quashing of any conviction in the proceedings. Subject to subsection (2) above, the High Court shall have the same powers in relation to the proceedings when remitted to it by the Judicial Committee as it would have if it were considering the proceedings otherwise than as a trial court. In section 307(1) (interpretation), after the definition of “crime” there is inserted— “devolution issue” has the same meaning as in Schedule 6 to the Scotland Act 1998; The Defamation Act 1996 is amended as follows. In section 17(1) (interpretation), in the definition of “statutory provision”, after “1978” there is inserted— a provision contained in an Act of the Scottish Parliament or in an instrument made under such an Act, In paragraph 11(1)(c) of Schedule 1 (qualified privilege), after “Minister of the Crown” there is inserted “ a member of the Scottish Executive ”. In section 6 of the Damages Act 1996 (guarantees for public sector settlements), after subsection (8) there is inserted— In the application of subsection (3) above to Scotland, for the words from “guidelines” to the end there shall be substituted “the Minister”. Act modified (30.6.1999) by 1999 c. 8, s. 66(1) Act modified (E.W.S.) (30.6.1999) by 1999 c. 9, s. 14(3) Act extended (16.10.2000) by 1999 c. 18, s. 16(2); S.I. 2000/2821, art. 2 Act extended (27.7.1999) by 1999 c. 23, s. 68(2) 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 Act amended (11.11.1999) by 1999 c. 30, s. 91(4) Act amended (E.W.S.) (10.3.1999) by 1999 c. 3, s. 21(4) Act modified (27.7.1999) by 1999 c. 22, s. 109(7) (with s. 107, Sch. 14 para. 7(2)) 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 S. 2(5) excluded (11.3.1999) by S.I. 1999/787, arts. 1, 96 S. 5(2) extended (11.3.1999) by S.I. 1999/787, arts. 1, 6, Sch. 2 Pt. II para. 9(4)(b)(iii) S. 5(7) extended (11.3.1999) by S.I. 1999/787, arts. 1, 6, Sch. 2 Pt. II para. 9(4)(b)(iv) S. 5(8) extended (11.3.1999) by S.I. 1999/787, arts. 1, 6, Sch. 2 Pt. II para. 9(4)(b)(v) Words in s. 5(9) substituted (16.2.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 13(2) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I S. 9 applied (11.3.1999) by S.I. 1999/787, arts. 1, 86 S. 9(6) extended (11.3.1999) by S.I. 1999/787, arts. 1, 6, Sch. 2 Pt. II para. 9(4)(b)(iii) S. 15 extended (11.3.1999) by S.I. 1999/787, arts. 1, 6, Sch. 2 Pt. II para. 9(4)(b)(i) S. 15 applied (1.4.2000) by S.S.I. 2000/47, art. 5, Sch. Pt. II 1975 c. 24. S. 16 extended (11.3.1999) by S.I. 1999/787, arts. 1, 6, Sch. 2 Pt. II para. 9(4)(b)(i) 1983 c. 2. S. 17 extended (11.3.1999) by S.I. 1997/787, arts. 1, 6, Sch. 2 Pt. II para. 9(4)(b)(i) 1986 c. 45. S. 18 extended (11.3.1999) by S.I. 1999/787, arts. 1, 6, Sch. 2 Pt. II para. 9(4)(b)(i) S. 20(3) amended (6.5.1999)(temp.) by S.I. 1999/1098, art. 2(3) S. 21 wholly in force at 6.5.1999: S. 21 not in force at Royal Assent, see s. 130; S. 21(1)-(7) in force at 6.5.1999 by S.I. 1998/3178, art. 2(2); s. 21(8) in force for certain purposes at 25.1.1999 and for all remaining purposes at 6.5.1998 by S.I. 1998/3178, art. 2(2) S. 21(6) restricted (6.5.1999) by S.I. 1999/1082, art. B2, Sch. 1 para. 8 S. 21(6) restricted (6.5.1999) by S.I. 1999/1082, art. R1, Sch. 6 para. 14(2) S. 21(7) modified (6.5.1999) (temp.) by S.I. 1999/441, arts. 1(5), 6 S. 23 wholly in force; s. 23 not in force at Royal Assent see s. 130; s. 23 in force for certain purposes at 6.5.1999 and for all remaining purposes at 1.7.1999 by S.I. 1998/3178, arts. 2(2), 3 S. 23(2)(b) extended (1.4.2000) by 1999 c. 28, s. 35(1)(a) (with s. 38); S.I. 2000/1066, art. 2 1996 c. 18. 1706 c. 11. 1707 c. 7(S). S. 38 wholly in force at 6.5.1999; s. 38 not in force at Royal Assent see s. 130; s. 38(3) in force at 25.1.1999 by S.I. 1998/3178, art. 2(2), Sch. 1; s. 32(1)(2)(4)-(6) in force at 6.5.1999 by S.I. 1998/3178, art. 2(2), Sch. 3 1996 c. 31. 1981 c. 49. S. 44(1)(a)(b),(2)-(4) in force at 6.5.1999, s. 42(1)(c) in force at 20.5.1999 by S.I. 1998/3178, art. 2(2) S. 48(1) in force at 6.5.1999 for certain purposes and 20.5.1999 otherwise and s. 48(2)-(6) in force at 20.5.1999 by S.I. 1998/3178, art. 2(2), Schs. 3, 4 1995 c. 46. 1975 c. 27. S. 51 wholly in force at 6.5.1999; s. 51 not in force at Royal Assent see s. 130; s. 51(4)(7) in force for certain purposes at 25.1.1999 by S.I. 1998/3178, art. 2(2), Sch. 1, s. 51 in force at 6.5.1999 in so far as not already in force by S.I. 1998/3178, art. 2(2), Sch. 3 S. 51(5) modified (1.7.1999) (temp. until 1.4.2000) by S.I. 1999/441, arts. 1(5), 22(1)(5) 1972 c. 11. S. 52 in force for certain purposes at 6.5.1999 and for all remaining purposes at 20.5.1999 by S.I. 1998/3178, art. 2(2) S. 53 restricted (1.7.1999) by S.I. 1999/1592, arts. 1, 3, Sch. 1; S.I. 1998/3178, art. 3 S. 53 excluded (30.6.1999) by S.I. 1999/1746, arts. 1, 3; S.I. 1998/3178, art. 3 S. 53 explained (6.5.1999) (temp. until 1.7.1999) by S.I. 1999/1042, art. 2 S. 53 extended (6.5.1999) (temp.) by S.I. 1999/901, art. 3(3) S. 53 extended (30.6.1999) by S.I. 1999/1748, arts. 4-8 S. 53(2)(a) modified (1.7.1999) by S.I. 1999/1756, arts. 5-7 1980 c. 65. S. 56 wholly in force at 1.7.1999; s. 56 not in force at Royal Assent see s. 130; s. 56(2) in force for certain purposes at 25.1.1999 by S.I. 1998/3178, art. 2(2), Sch. 1; s. 56 in force at 1.7.1999 in so far as not already in force by S.I. 1998/3178, art. 2(1) 1919 c. 50. 1946 c. 45. 1947 c. 40. 1965 c. 4. 1972 c. 9. 1972 c. 63. 1973 c. 50. 1982 c. 52. 1988 c. 52. S. 57(1) in force at 1.7.1998, s. 52(2) in force at 6.5.1998, s. 57(3) in force at 20.5.1999 by S.I. 1998/3178, arts. 2(2), 3 S. 60 wholly in force at 6.5.1999; s. 60 not in force at Royal Assent see s. 130; s. 60 in force for certain purposes at 25.1.1999 by S.I. 1998/3178, art. 2(2), Sch. 1; s. 60 in force at 6.5.1999 in so far as not already in force by S.I. 1998/3178, art. 2(2), Sch. 3 S. 61 wholly in force at 20.5.1999; s. 61 not in force at Royal Assent see. s. 130; s. 61(4) in force at 6.5.1999 by S.I. 1998/3178, art. 2(2), Sch. 3; s. 61(1)-(3) in force at 20.5.1999 by S.I. 1998/3178, art. 2(2), Sch. 4 S. 62 wholly in force at 20.5.1999; s. 62 not in force at Royal Assent see s. 130; s. 62 in force for certain purposes at 25.1.1999 by S.I. 1998/3178, art. 2(2), Sch. 1; s. 62 in force at 20.5.1999 in so far as not already in force by S.I. 1998/3178, art. 2(2), Sch. 4 S. 63 in force for certain purposes at 6.5.1999, in force for all remaining purposes at 1.7.1999 by S.I. 1998/3178, arts. 2(2), 3 S. 63 modified (16.6.2000) by S.I. 2000/1563, art. 2 (with art. 9) S. 64(1)(2)(8) in force at 1.4.1999, s. 64(3)-(7) in force at 1.7.1999 by S.I. 1998/3178, arts. 2(2), 3 S. 64(4) modified (1.7.1999) (temp.) by S.I. 1999/441, arts. 1(5), 7 S. 64(5)-(7) amended (1.4.2000) by S.I. 2000/687, art. 2 S. 65(1)(c) modified (1.7.1999) (temp. until 1.4.2000) by S.I. 1999/441, arts. 1(5), 10 1968 c. 13. S. 70(6) extended (1.4.2000) by 1999 c. 28, s. 35(1)(b) (with s. 38); S.I. 2000/1066, art. 2 S. 71 wholly in force at 1.7.1999; s. 71 not in force at Royal Assent see s. 130; s. 71(6) in force at 25.1.1999 by S.I. 1998/3178, art. 2(2), Sch. 1; s. 71 in force at 1.7.1999 in so far as not already in force by S.I. 1998/3178, art. 2(1) 1973 c. 63. S. 81(3) extended (6.5.1999) by S.I. 1999/1081, art. 8 1868 c. 72. 1980 c. 55. S. 88 in force for certain purposes at 25.1.1999 and for all remaining purposes at 1.7.1999 by S.I. 1998/3178, art. 2(2), 3 S. 88(1) restricted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 23 Pt. II para. 2(1); S.I. 1998/3178, art. 3 S. 88(2) restricted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 4 Pt. II para. 3(3); S.I. 1998/3178, art. 3 S. 88(2) restricted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 2 Pt. II para. 3(3); S.I. 1998/3178, art. 3 S. 88(2) restricted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 5 Pt. II para. 3(3); S.I. 1998/3178, art. 3 S. 88(2) restricted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 7 Pt. II para. 3(3); S.I. 1998/3178, art. 3 S. 88(2) restricted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 8 Pt. II paras. 3(3), 4(2); S.I. 1998/3178, art. 3 S. 88(2) restricted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 11 Pt. II para. 4(3); S.I. 1998/3178, art. 3 S. 88(2) restricted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 13 Pt. II para. 3(3); S.I. 1998/3178, art. 3 S. 88(2) restricted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 14 Pt. II para. 3(3); S.I. 1998/3178, art. 3 S. 88(2) restricted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 16 Pt. II para. 3(3); S.I. 1998/3178, art. 3 S. 88(2) restricted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 17 Pt. II para. 3(3); S.I. 1998/3178, art. 3 S. 88(2)(a)(b) restricted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 23 Pt. II para. 2(2)(3); S.I. 1998/3178, art. 3 S. 88(2)(a) excluded (20.4.2000) by S.I. 2000/1102, art. 5 (with art. 6(1)) S. 88(3) restricted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 23 Pt. II para. 2(4); S.I. 1998/3178, art. 3 S. 89 in force at 6.5.1999 and at 1.7.1999 for all remaining purposes by S.I. 1998/3178, arts. 2(2), 3 1967 c. 13. S. 93 in force for certain purposes at 6.5.1999 and at 1.7.1999 for all remaining purposes by S.I. 1998/3178, arts. 2(2), 3 S. 94 applied (with modifications) (1.7.1999) by S.I. 1999/1750, arts. 1(1), 6(2)(a), Sch. 5; S.I. 1998/3178, art. 3 S.94 applied (14.12.2000) by S.I. 2000/3251, art. 3 (with art. 4) 1945 c. 18. S. 94(2)(b) applied (1.7.1999) (temp.) by S.I. 1999/1593, arts. 1, 2, 3; S.I. 1998/3178, art. 2(1) 1998 c. 42. S. 102 amended (6.5.1999) by S.I. 1999/1347, rule 8(1)(a) 1975 c. 51. S. 115(2) power wholly exercised (16.12.1998): different dates appointed for specified provisions by S.I. 1998/3178 S. 117 modified (15.12.1999) by S.I. 1999/3321, art. 3(2)(a) S. 117 applied (with modifications) (1.7.1999) by S.I. 1999/1750, arts. 1(1), 6(2)(a), Sch. 5; S.I. 1998/3178, art. 3 S. 117 applied (15.12.2000) by S.I. 2000/3253, art. 5(1) (with art. 6) S. 117 applied (16.6.2000) by S.I. 2000/1563, art. 7(1) (with art. 9) S. 117 applied (with modifications) (15.3.2001) by S.I. 2001/954, arts. 1(1), 3(1)(3) S. 117 applied (with modifications) (1.11.2001) by S.I. 2001/3504, arts. 1(1), 3(1)(3) (with art. 4) S. 118 applied (1.7.1999) by S.I. 1999/1747, arts. 1, 4; S.I. 1998/3178, art. 3 S. 118 modified (15.12.1999) by S.I. 1999/3321, art. 3(2)(a) S. 118 applied (with modifications) (1.7.1999) by S.I. 1999/1750, arts. 1(1), 6(2)(a), Sch. 5; S.I. 1998/3178, art. 3 S. 118 applied (16.6.2000) by S.I. 2000/1563, art. 7(1) (with art. 9) S. 118 applied (15.12.2000) by S.I. 2000/3253, art. 5(1) (with art. 6) Ss. 118-121 applied (14.12.2000) by S.I. 2000/3251, art. 3 (with art. 4) S. 118 applied (with modifications) (1.11.2001) by S.I. 2001/3504, arts. 1(1), 3(1)(3) (with art. 4) S. 118(5) excluded (1.7.1999) by S.I. 1999/1096, arts. 1(b), 3(6); S.I. 1998/3178, art. 3 1946 c. 36. S. 119 applied (1.7.1999) by S.I. 1999/1747, arts. 1, 4; S.I. 1998/3178, art. 3 S. 119 modified (15.12.1999) by S.I. 1999/3321, art. 3(2)(b) S. 119 applied (with modifications) (1.7.1999) by S.I. 1999/1750, arts. 1(1), 6(2)(b), Sch. 5; S.I. 1998/3178, art. 3 Ss. 119-121 applied (16.6.2000) by S.I. 2000/1563, art. 7(2) (with art. 9) Ss. 119-121 applied (15.12.2000) by S.I. 2000/3253, art. 5(2) (with art. 6) S. 119 applied (with modifications) (15.3.2001) by S.I. 2001/954, arts. 1(1), 3(2)(3) S. 119 applied (with modifications) (1.11.2001) by S.I. 2001/3504, arts. 1(1), 3(2)(3) (with art. 4) S. 120 applied (1.7.1999) by S.I. 1999/1747, arts. 1, 4; S.I. 1998/3178, art. 3 S. 120 modified (15.12.1999) by S.I. 1999/3321, art. 3(2)(b) S. 120 applied (with modifications) (1.7.1999) by S.I. 1999/1750, arts. 1(1), 6(2)(b), Sch. 5; S.I. 1998/3178, art. 3 S. 120 excluded (1.4.1999) (temp. until 1.4.2000) by S.I. 1999/441, arts. 1(5), 23 S. 121 applied (1.7.1999) by S.I. 1999/1747, arts. 1, 4; S.I. 1998/3178, art. 3 S. 121 applied (with modifications) (1.7.1999) by S.I. 1999/1750, arts. 1(1), 6(2)(b); S.I. 1998/3178, art. 3 S. 121 excluded (1.7.1999) (temp.) by S.I. 1999/441, arts. 1(5), 24 1997 c. 8. S. 123 in force for certain purposes at 6.5.1999 and at 20.5.1999 for all remaining purposes by S.I. 1999/3178, art. 2(2) 1987 c. 16. S. 125 in wholly in force at 1.4.2000: S. 125 partly in force at Royal Assent see s. 130(1); S. 125 in force for specified purposes at 6.5.1999, 20.5.1999, 1.7.1999, and 1.4.2000 by S.I. 1998/3178, arts. 2(2), 3. S. 126(1) power fully exercised (16.12.1998): different dates appointed for specified provisions by S.I. 1998/3178 1998 c. 47. 1993 c. 48. Words in s. 126(1) repealed (25.4.2000) by 1999 c. 30, s. 88, Sch. 13 Pt. I; S.I. 2000/1047, art. 2(2)(b), Sch. Pt. II 1976 c. 86. 1978 c. 30. S. 127 extended (1.7.1999) by S.I. 1999/1379, arts. 1, 6(3); S.I. 1999/3178, art. 3 S. 130 power fully exercised (16.12.1998): different dates appointed for specified provisions by S.I. 1998/3178 Sch. 1 para. 2(2)-(4)(7) in force for certain purposes at 25.1.1999; and Sch. 1 para. 2 in force at 6.5.1999 so far as not already in force by S.I. 1998/3178, art. 2(2) Sch. 2 para. 7 in force for certain purposes at 25.1.1999 and at 6.5.1999 for all remaining purposes by S.I. 1998/3178, art. 2(2) 1936 c. 52. 1992 c. 5. Sch. 4 Pt. I para. 2(3)(c)-(e) and the word preceding it inserted (13.7.2000) by S.I. 2000/1831, art. 2(a) 1985 c.37. Section 12A was inserted by the Pensions Act 1995 (c.26), section 167. 1999 c.30. 1992 c.4. Sch. 4 Pt. I para. 2(4) substituted (13.7.2000) by S.I. 2000/1831, art. 2(b) Words in Sch. 4 Pt. I para. 4(3)(b)(c) left out (13.7.2000) by virtue of S.I. 2000/1831, art. 3 Sch. 4 Pt. I para. 4(c) and word “(d)” inserted (13.7.2000) by S.I. 2000/1831, art. 3 Sch. 5 Pt. I para. 2(5) inserted (1.7.1999) by S.I. 1999/1749, arts. 1, 3; S.I. 1998/3178, art. 3 Words in Sch. 5 Pt. I para. 6 inserted (1.7.1999) by S.I. 1999/1749, arts. 1, 2(2); S.I. 1998/3178, art. 3 Sch. 5 Pt. II Section B8: words inserted (1.7.1999) by S.I. 1999/1749, arts. 1, 4(1); S.I. 1998/3178, art. 3 Sch. 5 Pt. II Section B13 inserted (1.7.1999) by S.I. 1999/1749, arts. 1, 5; S.I. 1998/3178, art. 3 Words in Sch. 5 Pt. 2 Section C2 inserted (12.4.2001) by S.I. 2001/1456 , art. 2(1) Definitions of "Social landlord", "The relevant conditions", "house" and "hostel" in Sch. 5 Pt. II Section C2 inserted (12.4.2001) by S.I. 2001/1456 , art. 2(2) Words in Sch. 5 Pt. 2 Section C5 inserted (14.12.2000) by S.I. 2000/3252 , art. 4 Words in Sch. 5 Pt. 2 s. C8 inserted (14.12.2000) by S.I. 2000/3252 , art. 5 Words in Sch. 5 Pt. 2 Section C8 inserted (14.12.2000) by S.I. 2000/3252 , art. 4 Sch. 5 Pt. 2 Section C11 substituted (14.12.2000) by S.I. 2000/3252 , art. 2(1) Sch. 5 Pt. II Section E2: paragraph inserted (14.12.2000) by S.I. 2000/3252 , art. 3(1) Sch. 5 Pt. II Section E2: paragraph inserted (14.12.2000) by S.I. 2000/3252 , art. 3(2) Paragraph in Sch. 5 Pt. II Section E4 inserted (14.12.2000) by S.I. 2000/3252 , art. 3(3) Words in Sch. 5 Pt. II Section H1 substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(c) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1 Sch. 5 Pt II Section H2: words substituted (1.7.1999) by S.I. 1999/1749, arts. 1, 6(1); S.I. 1998/3178, art. 3 Sch. 5 Pt. III para. 3 applied (28.7.1999) ( temp. ) by S.I. 1999/2210 , art. 3 Words in Sch. 5 Pt. III para. 3(2)(c) substituted (6.8.1999) by 1999 c. 17 , s. 14(1) , Sch. 4 para. 4 (with s. 15 ); S.I. 1999/2210 , art. 2(4)(7) Words in Sch. 5 Pt. III para. 4(2)(c) inserted (14.12.2000) by S.I. 2000/3252, art. 2(2) Sch. 8 wholly in force at 1.4.2000: Sch. 8 partly in force at Royal Assent see s. 130(1); specified provisions of Sch. 8 in force at 6.5.1999, 20.5.1999, 1.7.1999 and 1.4.2000 by S.I. 1998/3178, arts. 2(2), 3. Sch. 8 para. 5 restricted (19.5.1999) by S.I. 1999/1334, art. 4 Sch. 8 para. 23 wholly in force at 1.7.1999: Sch. 8 para. 23(1)(6) in force at Royal Assent see s. 130(1); Sch. 8 para. 23(2)-(5) in force at 1.7.1999 by S.I. 1998/3178, art. 3. Sch. 8 para. 23(2)(2A) substituted (1.12.2001) for Sch. 8 para. 23(2) by S.I. 2001/3649, arts. 1, 360(2) Sch. 8 para. 23(4)(4A) substituted (1.12.2001) for Sch. 8 para. 23(4) by S.I. 2001/3649, arts. 1, 360(3) Sch. 9 in force for certain purposes at 20.5.1999 and for all remaining purposes at 1.7.1999 by S.I. 1998/3178, arts. 2(2), 3 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) S. 8(7)(a)(b)(8)(9) substituted (11.3.1999) for words by S.I. 1999/787, art. 6, Sch. 2 rule 63 (which S.I. was revoked (20.11.2002 except for specified purposes) by S.I. 2002/2779, arts. 1, 2); and those same sub-provisions substituted (20.11.2002 except for specified purposes) for words by virtue of S.I. 2002/2779, arts. 1, 7(4), Sch. 2 rule 64 (which S.I. was revoked (15.3.2007 except for specified purposes) by S.I. 2007/937, arts. 1, 2); and those same sub-provisions substituted (15.3.2007 except for specified purposes) for words by virtue of S.I. 2007/937, arts. 1, 7(4), Sch. 2 rule 65 (which S.I. was revoked (30.12.2010 except for specified purposes) by S.I. 2010/2999, art. 97, Sch. 9); and those same sub-provisions substituted (30.12.2010 except for specified purposes) for words by virtue of S.I. 2010/2999, arts. 1, 6(4), Sch. 2 rule 65 Sch. 5 Pt. II Section B3: para. (a) substituted (24.10.2002) by European Parliamentary Elections Act 2002 (c. 24), s. 15, Sch. 3 para. 7(3) S. 23(2)(b) modified (1.12.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 25(4), Sch. 7 para. 2; S.I. 2002/2202, art. 2(2) S. 70(6) modified (1.12.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 25(4), Sch. 7 para. 2; S.I. 2002/2202, art. 2(2) S. 117 applied (with modifications) (27.6.2002) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order (S.I. 2002/1630), {art. 3(1)(3)} S. 119 applied (with modifications) (27.6.2002) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2002 (S.I. 2002/1630), art. 3(2)(3) S. 121 applied (with modifications) (27.6.2002) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2002 (S.I. 2002/1630), art. 3(2)(3) Sch. 5 Pt. II Section E2: paragraph inserted (27.6.2002) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2002 (S.I. 2002/1629) , art. 2(a) Sch. 5 Pt. II Section E2: definition of "railway" inserted (27.6.2002) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2002 (S.I. 2002/1629) , art. 2(b) Sch. 5 Pt. III para. 1(4) applied (S.) (30.9.2002) by Freedom of Information (Scotland) Act 2002 (asp 13), s. 4; S.S.I. 2002/437, art. 2 Sch. 5 Pt. III para. 2 applied (S.) (30.9.2002) by Freedom of Information (Scotland) Act 2002 (asp 13), s. 4; S.S.I. 2002/437, art. 2 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. 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. Act modified (20.11.2003) by Sexual Offences Act 2003 (c. 42), ss. 141(1), 142(6) Act modified (7.6.2005) by International Organisations Act 2005 (c. 20), ss. 10, 11(3) 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. Words in s. 100(2) inserted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 28, 87, Sch. 7 para. 7; S.R. 2010/113, art. 2, Sch. para. 19(a) Words in s.

102(7) substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 28, 87, Sch. 7 para. 10; S.R. 2010/113, art. 2, Sch. para. 19(b) Words in Sch. 6 para. 25(1) substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 28, 87, Sch. 7 para. 4(a); S.R. 2010/113, art. 2, Sch. para. 19(a) Words in Sch. 6 para. 26 substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 28, 87, Sch. 7 para. 4(b); S.R. 2010/113, art. 2, Sch. para. 19(a) Words in Sch. 6 para. 33 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 106(4); S.I. 2009/1604, art. 2 Words in heading before Sch. 6 para. 33 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 106(3); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 34 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 106(5); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 33 substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 28, 87, Sch. 7 para. 4(c); S.R. 2010/113, art. 2, Sch. para. 19(a) Words in Sch. 6 para. 34 substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 28, 87, Sch. 7 para. 4(c); S.R. 2010/113, art. 2, Sch. para. 19(a) S. 63: certain functions modified (9.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), arts. 1(2), 2, Sch. 1 S. 85(1) repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336(3), Sch. 37 Pt. 10; S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6)) S. 117 applied (with modifications) (10.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), arts. 1(1), 5(1)(3) (with art. 6) S. 119 applied (with modifications) (10.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), arts. 1(1), 5(2)(3) (with art. 6) S. 117 applied (with modifications) (28.3.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003 (S.I. 2003/415), arts. 1(1), 4(1)(3) (with art. 5) S. 118 applied (with modifications) (28.3.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003 (S.I. 2003/415), arts. 1(1), 4(1)(3) (with art. 5) S. 119 applied (with modifications) (28.3.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003 (S.I. 2003/415), arts. 1(1), 4(2)(3) (with art. 5) S. 120 applied (with modifications) (28.3.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003 (S.I. 2003/415), arts. 1(1), 4(2)(3) (with art. 5) S. 118 applied (with modifications) (29.7.2004) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2004 (S.I. 2004/2030), arts. 1(1), 6(1)(3) (with art. 7) S. 117 applied (with modifications) (29.7.2004) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2004 (S.I. 2004/2030), arts. 1(1), 6(1)(3) (with art. 7) S. 119 applied (with modifications) (29.7.2004) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2004 (S.I. 2004/2030), arts. 1(1), 6(2)(3) (with art. 7) S. 118 applied (with modifications) (23.3.2005) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 5 (with art. 6) S. 117 applied (with modifications) (23.3.2005) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 5 (with art. 6) S. 23(2)(b) modified (27.7.2004) by Energy Act 2004 (c. 20), ss. 2(10), 198(2), Sch. 1 para. 17(a); S.I. 2004/1973, art. 2 S. 70(6) modified (27.7.2004) by Energy Act 2004 (c. 20), ss. 2(10), 198(2), Sch. 1 para. 17(b); S.I. 2004/1973, art. 2, Sch. S. 91(3)(d) modified (27.7.2004) by Energy Act 2004 (c. 20), ss. 2(10), 198(2), Sch. 1 para. 17(c); S.I. 2004/1973, art. 2, Sch. S. 53 excluded (15.11.2004) by Children Act 2004 (c. 31), ss. 6(9), 67(1) Sch. 1 substituted (22.7.2004 with effect subject to transitional modifications set out in Sch. 2 of the amending Act until "the appropriate date", see s. 1(2)(3) of the amending Act) by Scottish Parliament (Constituencies) Act 2004 (c. 13), s. 1(1)-(4), Sch. 1 (however, paras. 3-14 of Sch. 1 as so substituted or as so substituted and modified (as the case may be) have no effect until 30.6.2007, see s. 1(4)) Sch. 5 Pt. II Section B3: words added (17.12.2004) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2004 (S.I. 2004/3329), arts. 1(1), 2 Sch. 5 Pt. 2 Section C12: words added (17.12.2004) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2004 (S.I. 2004/3329) , arts. 1(1) , 3 Sch. 5 Pt. II Section E2: words in third exception substituted (17.12.2004) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2004 (S.I. 2004/3329) , arts. 1(1) , 4(a) Sch. 5 Pt. II Section E2: definition of "relevant authority" added (18.12.2004) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2004 (S.I. 2004/3329) , arts. 1(1) , 4(b) S. 15(1)(c) repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 146, 148(1), Sch. 9 para. 94, Sch. 18 Pt. 5; S.I. 2009/1604, art. 2 S. 23(2)(b) modified by Private Security Industry Act 2001 (c. 12), s. 2A (as inserted (E.W.S) (30.6.2006 for S. and 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 171(1), 178(6), Sch. 15 para. 3; S.S.I. 2006/381, art. 2) Words in s. 32(2)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 95(a); S.I. 2009/1604, art. 2 Words in s. 32(3)(a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 95(b); S.I. 2009/1604, art. 2 S. 32(4): definition of "Judicial Committee" repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 146, 148(1), Sch. 9 para. 95(c), Sch. 18 Pt. 5; S.I. 2009/1604, art. 2 S. 33: words in sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 96(1); S.I. 2009/1604, art. 2 Words in s. 33(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 96(2); S.I. 2009/1604, art. 2 Words in s. 35(3)(c) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 98; S.I. 2009/1604, art. 2 Words in s. 36(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 99; S.I. 2009/1604, art. 2 S. 63 modified (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 8(2)(3), 53(1); S.I. 2005/1126, art. 2(2)(e) S. 70(6) modified by Private Security Industry Act 2001 (c. 12), s. 2A (as inserted (E.W.S) (30.6.2006 for S. and 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 171(1), 178(6), Sch. 15 para. 3; S.S.I. 2006/381, art. 2) S. 91(3)(d) modified by Private Security Industry Act 2001 (c. 12), s. 2A (as inserted (E.W.S) (30.6.2006 for S. and 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 171(1), 178(6), Sch. 15 para. 3; S.S.I. 2006/381, art. 2) S. 93 modified (7.4.2005 at 5:45 pm) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 15(1), 53(1); S.I. 2005/1126, art. 2(1) S. 95(9)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 100(a); S.I. 2009/1604, art. 2 S. 95(11): definition of "high judicial office" inserted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 100(b); S.I. 2009/1604, art. 2 S. 103 repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 146, 148(1), Sch. 9 para. 101, Sch. 18 Pt. 5; S.I. 2009/1604, art. 2 S. 108 modified (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 8(2)(3), 53(1); S.I. 2005/1126, art. 2(2)(e) S. 127: entry for "Judicial Committee" repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 146, 148(1), Sch. 9 para. 101, Sch. 18 Pt. 5; S.I. 2009/1604, art. 2 Sch. 5 Pt. II Section B8: words inserted (1.7.1999) by The Scotland Act 1998 (Modifications of Schedules 4 and 5) Order 1999 (S.I. 1999/1749) , arts. 1, 4(1); S.I. 1998/3178, art. 3 Sch. 5 Pt. II Section B8: words in definition of "Place of detention" substituted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 (S.I. 2005/866), art. 2(2) Sch. 5 Pt. II Section B8: words in definition of "person detained" substituted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 (S.I. 2005/866), art. 2(3) Sch. 5 Pt.II Section B8: definition of "Private telecommunication system" substituted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 (S.I. 2005/866), art. 2(4) Sch. 5 Pt. 2 Section H2: word in para. (b)(ii) inserted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2005 (S.I. 2005/865), arts. 1, 2(a) Sch. 5 Pt. 2 Section H2: words in para. (b)(iii) repealed (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2005 (S.I. 2005/865), arts. 1, 2(b) Sch. 5 Pt. 2 Section H2: para. (b)(iv) and preceding word repealed (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2005 (S.I. 2005/865), arts. 1, 2(c) Words in Sch. 6 para. 7 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(2); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 10 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(4); S.I. 2009/1604, art. 2 Words in heading before Sch. 6 para. 10 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(3); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 11 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(5); S.I. 2009/1604, art. 2 Words in heading before Sch. 6 para. 12 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(6); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 12 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(7); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 13 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(8)(a); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 13 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(8)(b); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 13 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(8)(c); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 13 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(8)(d); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 13 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(8)(e); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 19(2)(a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 104(2); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 21 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 104(3); S.I. 2009/1604, art. 2 Words in heading before Sch. 6 para. 22 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 104(4); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 22 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 104(5); S.I. 2009/1604, art. 2 Words in heading before Sch. 6 para. 23 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 104(6); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 23 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 104(7)(a); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 28 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 105(2); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 30 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 105(4); S.I. 2009/1604, art. 2 Words in heading before Sch. 6 para. 30 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 105(3); S.I. 2009/1604, art. 2 Words in heading before Sch. 6 para. 31 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 105(5); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 31 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 105(6)(a); S.I. 2009/1604, art. 2 Sch. 6 para. 32 and preceding heading repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 146, 148(1), Sch. 9 para. 106(2), Sch. 18 Pt. 5; S.I. 2009/1604, art. 2 S. 39(2)(b) modified (S.) by Interests of Members of the Scottish Parliament Act 2006 (asp 12), s. 12(3) (the modification coming into force on the day after the date of the first dissolution of the Parliament following the date of Royal Assent in accordance with s. 21(4) of the modifying Act, which first dissolution began at midnight on 2.4.2007) S. 51(2) excluded (15.2.2006) by The Charities and Trustee Investment (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/242), arts. 1(2), 2(2) S. 111(4): words in definition of "the River Tweed" substituted (15.11.2006) by The Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), arts. 1(2), 76, Sch. 4 para. 4 S. 117 applied (with modifications) (15.2.2006) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006 (S.I. 2006/304), arts. 1(1), 4 (with art. 5) S. 117 applied (with modifications) (13.3.2006) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2006 (S.I. 2006/1040), arts. 1(1), 5 (with art. 6) S. 117 applied (with modifications) (16.12.2006) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 3) Order 2006 (S.I. 2006/3258), arts. 1(1), 4(1)(3) (with art. 5) S. 118 applied (with modifications) (13.3.2006) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2006 (S.I. 2006/1040), arts. 1(1), 5 (with art. 6) S. 118 applied (with modifications) (15.2.2006) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006 (S.I. 2006/304), arts. 1(1), 4 (with art. 5) S. 118 applied (with modifications) (16.12.2006) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 3) Order 2006 (S.I. 2006/3258), arts. 1(1), 4(1)(3) (with art. 5) S. 119 applied (with modifications) (16.12.2006) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 3) Order 2006 (S.I. 2006/3258), arts. 1(1), 4(2)(3) (with art. 5) Sch. 5 Pt. III para. 3(2)(d) inserted (1.5.2006) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2006 (S.I. 2006/609) , art. 2 S. 117 applied (with modifications) (E.W.S.) (1.10.2007) by The Scotland Act 1998 (Cross-Border Public Authorities) (Traffic Commissioner for the Scottish Traffic Area) Order 2007 (S.I. 2007/2139), art. 3 (with art. 4) S. 118 applied (with modifications) (E.W.S.) (1.10.2007) by The Scotland Act 1998 (Cross-Border Public Authorities) (Traffic Commissioner for the Scottish Traffic Area) Order 2007 (S.I. 2007/2139), art. 3 (with art. 4) S. 117 applied (with modifications) (12.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(1), 5(1)(3) (with art. 6) S. 119 applied (with modifications) (12.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(1), 5(2)(3) (with art. 6) S. 117 applied (with modifications) (E.W.S.) (10.7.2008) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008 (S.I. 2008/1776), arts. 1(1), 3 S. 118 applied (with modifications) (E.W.S.) (10.7.2008) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008 (S.I. 2008/1776), arts. 1(1), 3 S. 64(5) restricted (12.3.2009) by Dormant Bank and Building Society Accounts Act 2008 (c. 31), ss. 26(9), 31; S.I. 2009/490, art. 2 (with art. 3) S. 23(2)(b) extended (26.11.2008) by Climate Change Act 2008 (c. 27), ss. 32(2), 100(1), Sch. 1 para. 27(2)(a) S. 70(6) extended (26.11.2008) by Climate Change Act 2008 (c. 27), ss. 32(2), 100(1), Sch. 1 para. 27(2)(b) Words in s. 111(1) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 231(2), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14 Words in s. 111(4) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 231(3), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14 Word in s. 111(4) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 231(4)(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14 Word in s. 111(4) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 231(4)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14 Words in s. 111(4) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 231(4)(c), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14 S. 111(6) inserted (12.11.2009 for certain purposes and 12.1.2010 otherwise) by Marine and Coastal Access Act 2009 (c. 23), ss. 231(5), 324(1)(c); S.I. 2009/3345, art. 2, Sch. para. 14 Sch. 8 para. 9(a) repealed (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 5(5), Sch. 4 Words in Sch. 6 para. 23 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 104(7)(b); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 23 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 104(7)(c); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 31 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 105(6)(b); S.I. 2009/1604, art. 2 Words in Sch. 6 para. 31 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 105(6)(c); S.I. 2009/1604, art. 2 Sch. 7 para. 1(2) table: entry relating to section 103(3)(a) and (b) repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 146, 148(1), Sch. 9 para. 107, Sch. 18 Pt. 5; S.I. 2009/1604, art. 2 S. 54 applied (S.) (6.4.2011) by Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), ss. 27(4), 58(3); S.S.I. 2011/17, art. 3(a) Words in s. 92(1)(a) inserted (S.) (4.6.2010) by Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), ss. 45, 58(2) S. 43 repealed (1.7.2011) by Bribery Act 2010 (c. 23), ss. 17(3), 19(1), Sch. 2 (with ss. 16, 19(5)); S.I. 2011/1418, art. 2 S. 51(3) substituted (11.11.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 19, 52(2), Sch. 2 para. 9(3); S.I. 2010/2703, art. 2(a) S. 51(4) substituted (11.11.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 19, 52(2), Sch. 2 para. 9(4); S.I. 2010/2703, art. 2(a) S. 51(9) omitted (11.11.2010) by virtue of Constitutional Reform and Governance Act 2010 (c. 25), ss. 19, 52(2), Sch. 2 para. 9(5); S.I. 2010/2703, art. 2(a) Words in s. 82(1)(a) substituted (24.5.2011) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 38, 52(2), Sch. 5 para. 11(2)(b); S.I. 2011/1274, art. 2(b) S. 86 repealed (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), ss. 16, 19(2), Sch. 12 Pt. 2 S. 2(2) modified (15.9.2011) by Fixed-term Parliaments Act 2011 (c. 14), ss. 4(2), 7(2) (with s. 6) Sch. 1 para. 1(3) ceases to have effect (11.11.2010) by virtue of The Scottish Parliament (Constituencies and Regions) Order 2010 (S.I. 2010/2691), arts. 1(2), 3(3) S. 7(1) applied (with modifications) (30.12.2010 with effect as mentioned in art. 1(2)(3) of the modifying S.I.) by The Scottish Parliament (Elections etc.) Order 2010 (S.I. 2010/2999), arts. 1(1), 6(4), Sch. 2 rule 76(3) Words in Sch. 5 Pt. 1 para. 7(1) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 4 Words in s. 51(2) substituted (11.11.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 19, 52(2), Sch. 2 para. 9(2); S.I. 2010/2703, art. 2(a) Words in Sch. 5 Pt. 1 para. 7(2)(a) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 6 S. 10(4)-(5A) substituted (30.12.2010 except for specified purposes) for s. 10(4)(5) as originally enacted by virtue of The Scottish Parliament (Elections etc.) Order 2010 (S.I. 2010/2999), arts. 1, 87 Words in Sch. 1 para. 8(1) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(e); S.S.I. 2021/124, reg. 2, sch. S. 46 modified (30.1.2021) by Scottish General Election (Coronavirus) Act 2021 (asp 5), ss. 9(3), 15 (with s. 12) Words in s. 36(6) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 11(19)(a), 72(4)(a); S.I. 2017/608, reg. 2(1)(i) S. 2(2)(a)(b) substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 5(2), 72(4)(a); S.I. 2017/608, reg. 2(1)(c) Words in Sch. 1 para. 8(2) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(e); S.S.I. 2021/124, reg. 2, sch. Sch. 5 para. 5A omitted (18.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 10(5), 72(4)(a); S.I. 2017/608, reg. 2(1)(h) Words in Sch. 5 Pt. II s. B3 inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 3(2), 72(4)(a); S.I. 2017/608, reg. 2(1)(a) Words in Sch. 1 para. 3(9) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(a); S.S.I. 2021/124, reg. 2, sch. Sch. 1 para. 7(2) substituted (31.10.2012) by Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 4(2); S.I. 2012/2516, art. 2(f) S. 12A(3) omitted (24.3.2022) by virtue of Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 12(b) S. 16(2C) repealed (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 1(2)(b), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Sch. 4 para. 1(2)(h) and preceding word inserted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), ss. 54(1), 59(3) (with s. 55(2)); S.I. 2020/1621, reg. 2(k) Words in Sch. 5 Pt. II substituted (1.7.2012) by Scotland Act 2012 (c. 11) , ss. 23(5) , 44(2)(b) S. 93(2A) inserted (1.7.2012) by Scotland Act 2012 (c. 11), ss. 23(3)(a), 44(2)(b) Sch. 4 para. 1(2)(c) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 21(2)(a) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22) S. 113(12) inserted (31.10.2012) by Scotland Act 2012 (c. 11), ss. 39(3), 44(5); S.I. 2012/2516, art. 2(e) Words in Sch. 1 para. 7(2)(b) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(7)(b); S.S.I. 2021/124, reg. 2, sch. Words in s. 60(3) inserted (23.3.2016) by Scotland Act 2016 (c. 11), ss. 69, 72(1)(c) S. 19(1AA) inserted (1.10.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 29(2), 73(2); S.S.I. 2025/106, reg. 2(1)(c), sch. Pt. 3 Words in Sch. 1 para. 3(6) omitted (18.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 8(6), 72(4)(a); S.I. 2017/608, reg. 2(1)(f) Words in Sch. 5 Pt. 2 Section C9 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(4) , 72(7) S. 113(10AA) inserted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 8(2) Words in Sch. 1 para. 7(1) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(d); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 5 Pt. II Section E2 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 45(2) , 72(7) Heading in Sch. 5 Pt. 2 Section C11 substituted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(5)(a) , 72(7) S. 92(4)(c) modified (23.3.2016) by Scotland Act 2016 (c. 11), ss. 36(12)(a), 72(1)(b) Heading in Sch. 5 Pt. 2 Section C7 substituted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(2)(a) , 72(7) Words in s. 100(4) omitted (3.7.2012) by virtue of Scotland Act 2012 (c. 11), ss. 14(1)(b), 44(5) (with s. 14(5)); S.I. 2012/1710, art. 2(g) Words in Sch. 1 para. 10(2) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(g); S.S.I. 2021/124, reg. 2, sch. S. 57(1) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 13(2)(c) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22) Words in s. 12A(1)(b) substituted (24.3.2022) by Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 12(a)(ii) Words in Sch. 5 Pt. II Section E1 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 40(4) , 72(7) S. 117 applied (20.3.2015) by The Scotland Act 1998 (Modification of Schedules 4 and 5 and Transfer of Functions to the Scottish Ministers etc.) Order 2015 (S.I. 2015/692), arts. 2, 7(1) (with art. 7(2)) S. 67(3A) inserted (12.12.2014) by Scotland Act 2012 (c. 11), ss. 32(9), 44(4)(b); S.I. 2014/3250, art. 2 Act modified (1.4.2012) by The Housing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2012 (S.I. 2012/700), art. 3(1) S. 16: power to modify conferred (14.4.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 3, 4, 5, 73(2); S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1 Words in s. 127 inserted (1.7.2012) by Scotland Act 2012 (c. 11), ss. 23(4), 44(2)(b) Words in s. 113(10A)(b) substituted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 18; S.I. 2022/816, regs. 1(2), 3(d) Words in Sch. 7 para. 1 substituted (1.7.2015) by Scotland Act 2012 (c. 11), ss. 3(3)(a), 44(5); S.I. 2015/682, art. 2(b) (with saving in S.I. 2015/683, art. 2) S. 36(5)(a)(b) substituted (18.5.2017) for words by Scotland Act 2016 (c. 11), ss. 11(18), 72(4)(a); S.I. 2017/608, reg. 2(1)(i) S. 2(5A)-(5C) omitted (18.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 5(7), 72(4)(a); S.I. 2017/608, reg. 2(1)(c) Words in Act substituted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 12(2)(a), 44(5) (with s. 12(3)); S.I. 2012/1710, art. 2(f) Words in s. 126(10) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 19(3) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22) Words in Sch. 5 Pt. II s. B8 substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 41 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii) S. 36(4)(b) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 12(2) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 11, 22) S. 2(5ZA) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 5(6), 72(4)(a); S.I. 2017/608, reg. 2(1)(c) 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) Words in Sch. 1 paras. 3-7 substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 8(4)(a), 72(4)(a); S.I. 2017/608, reg. 2(1)(f) Sch. 4 para. 1(2)(g) inserted (26.6.2018) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(1)(b), Sch. 3 para. 21(2)(b) (with s. 19, Sch. 8 para. 37) Words in Sch. 5 Pt. II s. B3 substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 3(3), 72(4)(a); S.I. 2017/608, reg. 2(1)(a) Words in s. 16(3) substituted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 18(2)(b), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Pt. 4A Ch. 5 inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 17(1), 72(3) S. 64(2A) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 16(2), 72(3) S. 104(3) omitted (18.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 10(3), 72(4)(a); S.I. 2017/608, reg. 2(1)(h) S. 82(2C)(2D) inserted (31.10.2025) by The Scottish Parliament (Disqualification of Councillors) Regulations 2025 (S.S.I. 2025/306), regs. 1(2), 5 (with reg. 1(3)) S. 102(5A) inserted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 36(3)(b), 44(5); S.I. 2013/6, art. 2(c) Words in s. 19(3) inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 4(5), 44(5); S.I. 2012/1710, art. 2(a) Words in Sch. 1 para. 6(1) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(c); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 1 para. 12 substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(3)(d)(i); S.S.I. 2021/124, reg. 2, sch. Words in s. 29(2)(d) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 2(2) Words in Sch. 5 Pt. 2 s. C5 inserted (13.6.2014) by The Scotland Act 1998 (Modification of Schedule 5) Order 2014 (S.I. 2014/1559) , arts. 1(2) , 2(2) S. 117 excluded (5.9.2016) by Scotland Act 2016 (c. 11), ss. 33(2), 72(4)(b); S.I. 2016/759, reg. 3(j) S. 57(2) excluded in part (6.5.2021) by Trade Act 2021 (c. 10), Sch. 3 para. 4; S.I. 2021/550, reg. 2(h) Words in s. 80G(1) substituted (with effect in accordance with s. 13(15)(16) of the amending S.I.) by Scotland Act 2016 (c. 11), ss. 13(10)(a)(14), 72(3); S.I. 2016/1161, reg. 2 Word in Sch. 1 para. 7(4) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(4)(a); S.S.I. 2021/124, reg. 2, sch. S. 17: power to modify conferred (S.) (14.4.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 3, 4, 5, 73(2); S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1 Words in Sch. 5 Pt. II s. F1 inserted (17.5.2017) by Scotland Act 2016 (c. 11), ss. 23(2), 72(4)(b); S.I. 2017/455, reg. 2(b)(ii) Words in Sch. 5 Pt. II Section E1 inserted (11.6.2015) by The Scotland Act 1998 (Modification of Schedule 5) Order 2015 (S.I. 2015/1379) , arts. 1(2) , 2 S. 53(3A) inserted (5.9.2016) by Scotland Act 2016 (c. 11), ss. 32(3), 72(4)(b); S.I. 2016/759, reg. 3(i) Pt. 4A Ch. 7 inserted (9.2.2018) by The Scotland Act 1998 (Specification of Devolved Tax) (Wild Fisheries) Order 2018 (S.I. 2018/177), arts. 1(2), 2 S. 96A inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 21(2), 72(5); S.I. 2016/1178, reg. 2(b) Word in s. 66(1)(c) omitted (1.4.2017) by virtue of Scotland Act 2016 (c. 11), ss. 20(4)(a), 72(5); S.I. 2016/1178, reg. 2(a) Words in Sch. 8 para. 23(4A) substituted (28.6.2016) by The Building Societies (Floating Charges and Other Provisions) Order 2016 (S.I. 2016/679), arts. 1(1), 6 S. 57(2) restricted (1.3.2019) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 8 para. 41(6)(9) (with s. 19, Sch. 8 para. 37); S.I. 2019/399, reg. 2 Words in Sch. 5 Pt. II Section E1 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 40(3) , 72(7) S. 117 applied (12.3.2020) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2020 (S.I. 2020/276), arts. 1(2), 5 Word in s. 66(1)(b) omitted (1.4.2017) by virtue of Scotland Act 2016 (c. 11), ss. 20(3), 72(5); S.I. 2016/1178, reg. 2(a) Words in Sch. 5 Pt. 2 Section C8 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(3) , 72(7) Word in Sch. 1 para. 9(2) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(4)(b); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 5 Pt. II s. D2 inserted (9.2.2018) by Scotland Act 2016 (c. 11), ss. 47(2), 72(4)(c); S.I. 2018/163, reg. 2(a) S. 90B and cross-heading inserted (23.3.2016) by Scotland Act 2016 (c. 11), ss. 36(1), 72(1)(b) Words in Sch. 8 para. 23(2A) substituted (28.6.2016) by The Building Societies (Floating Charges and Other Provisions) Order 2016 (S.I. 2016/679), arts. 1(1), 6 Words in s. 35(3)(c) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 11(14)(b), 72(4)(a); S.I. 2017/608, reg. 2(1)(i) Words in s. 12A(5)(a) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 9(4)(a) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22) Word in Sch. 1 para. 7(2) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(4)(a); S.S.I. 2021/124, reg. 2, sch. S. 32(3)(b) and preceding word omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 10 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 11, 22) Pt. 4A Ch. 6 inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 18(1), 72(3) Sch. 7 para. 1(2) entry inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 67(3), 72(5); S.I. 2016/1178, reg. 2(c) S. 15(1)(bzb) inserted (31.10.2025) by The Scottish Parliament (Disqualification of Members of the House of Lords) Regulations 2025 (S.S.I. 2025/308), regs. 1(2), 3 (with reg. 1(3)) S. 80D(4A)(4B) inserted (24.7.2018) by Wales Act 2014 (c. 29), ss. 11(5), 29(4); S.I. 2018/892, art. 4 (with art. 7) Sch. 1 para. 14(4) omitted (31.10.2012) by virtue of Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 7; S.I. 2012/2516, art. 2(f) Words in Sch. 5 Pt. II Section L2 omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11) , ss. 37(2) , 72(7) Words in Sch. 5 Pt. II s. J4 inserted (13.6.2014) by The Scotland Act 1998 (Modification of Schedule 5) Order 2014 (S.I. 2014/1559) , arts. 1(2) , 5(3) Sch. 6 para. 13A-13B inserted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 37, 44(5); S.I. 2013/6, art. 2(d) Words in Sch. 5 Pt. II s. H3 inserted (5.9.2016) by Scotland Act 2016 (c. 11), ss. 31(3), 72(4)(b); S.I. 2016/759, reg. 3(h) S. 16(2A)-(2C) inserted (3.8.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), ss. 2(b), 12(2); S.S.I. 2020/162, reg. 2 Words in Sch. 5 Pt. II s. H3 substituted (5.9.2016) by Scotland Act 2016 (c. 11), ss. 31(2), 72(4)(b); S.I. 2016/759, reg. 3(h) Words in s. 32(2)(a) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 11(8), 72(4)(a); S.I. 2017/608, reg. 2(1)(i) Word in Sch. 1 para. 7(1)(a) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(4)(a); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 1 para. 3(8) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(a); S.S.I. 2021/124, reg. 2, sch. Sch. 8 para. 15 and cross-heading omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 26 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22) Words in Sch. 1 para. 3(6) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(6); S.S.I. 2021/124, reg. 2, sch. S. 80C(4) omitted (30.11.2016) (with effect in accordance with s. 13(15)(16) of the amending S.I.) by virtue of Scotland Act 2016 (c. 11), ss. 13(4)(14), 72(3); S.I. 2016/1161, reg. 2 Words in s. 80A(1)(b) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 19(1), 72(3) Words in Sch. 1 para. 3 substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 8(3), 72(4)(a); S.I. 2017/608, reg. 2(1)(f) S. 15(1)(bb) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 12(2), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Words in Sch. 5 Pt. II Section D1 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(6)(b) , 72(7) Words in Sch. 5 Pt. II s. B3 inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 3(4), 72(4)(a); S.I. 2017/608, reg. 2(1)(a) Words in s. 80G(1A) substituted (with effect in accordance with s. 13(15)(16) of the amending S.I.) by Scotland Act 2016 (c. 11), ss. 13(11)(14), 72(3); S.I. 2016/1161, reg. 2 Word in s. 114(1) inserted (12.12.2014) by Scotland Act 2012 (c. 11), ss. 32(11), 44(4)(b); S.I. 2014/3250, art. 2 Words in s. 57(3) omitted (22.4.2013) by virtue of Scotland Act 2012 (c. 11), ss. 36(2), 44(5); S.I. 2013/6, art. 2(c) S. 64A inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 16(3), 72(3) S. 90A ceases to have effect (27.4.2017) by virtue of Digital Economy Act 2017 (c. 30), ss. 88(7)(b), 118(1) Words in s. 113(1A) inserted (27.10.2025) by Absent Voting (Elections in Scotland and Wales) Act 2025 (c. 27), ss. 2(3), 4(1) Words in Sch. 5 Pt. II repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9 10 Sch. 5) Words in Sch. 5 Pt. II s. J4 inserted (13.6.2014) by The Scotland Act 1998 (Modification of Schedule 5) Order 2014 (S.I. 2014/1559) , arts. 1(2) , 5(4)(b) S. 80G(1B)(a)-(c) substituted for s. 80G(1B)(a)(b) (with effect in accordance with s. 13(15)(16) of the amending S.I.) by Scotland Act 2016 (c. 11), ss. 13(12)(14), 72(3); S.I. 2016/1161, reg. 2 Words in s. 2(2) substituted (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 1(1)(a)(ii), 35; S.S.I. 2020/278, reg. 2, sch. Words in s. 21(2)(b) inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 5, 44(5); S.I. 2012/1710, art. 2(b) S. 12B inserted (27.10.2025) by Absent Voting (Elections in Scotland and Wales) Act 2025 (c. 27), ss. 2(2), 4(1) S. 19(1A)(b) modified (30.1.2021) by Scottish General Election (Coronavirus) Act 2021 (asp 5), ss. 10, 15 (with s. 12) S. 31(2A) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 11(4), 72(4)(a); S.I. 2017/608, reg. 2(1)(i) S. 126(7)(b) applied by 2015 c. 26, s. 153B(2)(b) (as inserted (1.2.2017) by Enterprise Act 2016 (c. 12), ss. 41, 44(4)(b); S.I. 2017/70, reg. 2(b)) Words in s. 33 heading inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 11(12), 72(4)(a); S.I. 2017/608, reg. 2(1)(i) Words in s. 106(5) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 3 (with s. 22(6)); S.I. 2023/1363, reg. 3(e) S. 28(8) added (23.5.2016) by Scotland Act 2016 (c. 11), ss. 2, 72(7) Words in s. 67(2) substituted (12.12.2014) by Scotland Act 2012 (c. 11), ss. 32(7), 44(4)(b); S.I. 2014/3250, art. 2 Words in s. 2(5) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 5(5), 72(4)(a); S.I. 2017/608, reg. 2(1)(c) Words in Sch. 5 Pt. II s. F1 inserted (17.5.2017) by Scotland Act 2016 (c. 11), ss. 22(4), 72(4)(b); S.I. 2017/455, reg. 2(a)(ii) S. 88(3) modified (23.5.2016) by Scotland Act 2016 (c. 11), ss. 46(2), 72(7) Words in s. 15(1)(b) substituted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 20(2)(b)(i), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Words in Sch. 1 para. 12 substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(h)(i); S.S.I. 2021/124, reg. 2, sch. Words in s. 57 heading omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 2(4)(a) Words in s. 17 substituted (S.) (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 18(3)(b), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 15(1): power to modify conferred (S.) (14.4.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 3, 4, 5, 73(2); S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1 Words in Sch. 1 para. 6(3) repealed (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 30(2)(a), 35; S.S.I. 2021/124, reg. 2, sch. S. 127 entry omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 20 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22) Sch. 1 para. 6(4A)-(4D) inserted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 30(4), 35; S.S.I. 2021/124, reg. 2, sch. S. 57(4)-(15) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 2(4)(b) S. 34 omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 11 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 11, 22) Words in Sch. 7 para. 1(2) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 2(6)(a)(i) Words in Sch. 1 para. 3(6) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(a); S.S.I. 2021/124, reg. 2, sch. S. 66(5) inserted (12.12.2014) by Scotland Act 2012 (c. 11), ss. 32(5), 44(4)(b); S.I. 2014/3250, art. 2 Sch. 3 para. 5 substituted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 4(6), 44(5); S.I. 2012/1710, art. 2(a) Words in s. 80C(1) substituted (30.11.2016) (with effect in accordance with s. 13(15)(16) of the amending S.I.) by Scotland Act 2016 (c. 11), ss. 13(2)(14), 72(3); S.I. 2016/1161, reg. 2 Words in Sch. 1 paras. 3-7 substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 8(3), 72(4)(a); S.I. 2017/608, reg. 2(1)(f) Words in Sch. 1 paras. 3-7 substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 8(4)(b), 72(4)(a); S.I. 2017/608, reg. 2(1)(f) Words in Sch. 4 para. 1(2)(g) substituted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(vi), Sch. 5 para. 20(2) (with s. 38(3)) Sch. 4 para. 2(5) inserted (5.9.2016) by Scotland Act 2016 (c. 11), ss. 28(4), 72(4)(b); S.I. 2016/759, reg. 3(e) Words in Sch. 5 Pt. II s. F1 inserted (17.5.2017) by Scotland Act 2016 (c. 11), ss. 22(2), 72(4)(b); S.I. 2017/455, reg. 2(a)(ii) S. 32A inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 11(10), 72(4)(a); S.I. 2017/608, reg. 2(1)(i) Words in Sch. 5 Pt. II s. F1 substituted (5.9.2016) by Scotland Act 2016 (c. 11) , ss. 26 , 72(4)(b) ; S.I. 2016/759 , reg. 3(d) Words in s. 15(4) inserted (31.10.2025) by The Scottish Parliament (Disqualification of Councillors) Regulations 2025 (S.S.I. 2025/306), regs. 1(2), 3(b) (with reg. 1(3)) Sch. 4 para. 4(2) substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 12(2), 72(4)(a); S.I. 2017/608, reg. 2(1)(j) Words in s. 80A(1)(a) inserted (with effect in accordance with s. 13(15)(16) of the amending S.I.) by Scotland Act 2016 (c. 11), ss. 13(8)(14), 72(3); S.I. 2016/1161, reg. 2 Words in Sch. 5 Pt. 2 substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14) , s. 154 , Sch. 4 para. 66 (with Sch. 5 ) S. 126(8) applied (S.) (18.4.2016) by The Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), regs. 1(2), 95(5) (with regs. 3-18, 99-101) Words in Sch. 5 Pt. 2 Section C7 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(2)(b) , 72(7) Sch. 4 para. 3(3) inserted (5.9.2016) by Scotland Act 2016 (c. 11), ss. 28(5), 72(4)(b); S.I. 2016/759, reg. 3(e) S. 106(7) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 17(3) (with s. 19, Sch. 8 paras. 37, 45); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22) Words in s. 15(1)(a) substituted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 20(2)(a)(i), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Words in Sch. 6 para. 1 inserted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 36(4), 44(5); S.I. 2013/6, art. 2(c) Words in Sch. 1 para. 4(2) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(3)(a); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 5 Pt. II inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 10, 44(5) ; S.I. 2012/1710, art. 2(e) Words in s. 102(4)(b) inserted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 36(3)(a), 44(5); S.I. 2013/6, art. 2(c) Words in Sch. 7 para. 1(2) inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 21(3), 72(5); S.I. 2016/1178, reg. 2(b) S. 113(1A) inserted (1.7.2015) by Scotland Act 2012 (c. 11), ss. 3(1), 44(5); S.I. 2015/682, art. 2(b) (with saving in S.I. 2015/683, art. 2) Words in Sch. 5 Pt. 2 substituted (31.10.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 16(6)(b); S.I. 2018/1054, reg. 2(d)(vi) Sch. 5 Pt. III para. 2A and cross-heading inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 39(1), 72(7) Words in Sch. 5 Pt. 2 inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 16(2); S.I. 2018/241, reg. 2(t) 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) Ss. 80G(1)-(1B) substituted for s. 80G(1) (17.7.2014) by Finance Act 2014 (c. 26), Sch. 38 para. 16(4) Word in s. 114(1) inserted (27.10.2025) by Absent Voting (Elections in Scotland and Wales) Act 2025 (c. 27), ss. 2(4), 4(1) Words in Sch. 5 Pt. II s. D2 inserted (9.2.2018) by Scotland Act 2016 (c. 11), ss. 47(3), 72(4)(c); S.I. 2018/163, reg. 2(a) Words in Sch. 5 Pt. II s. D4 inserted (10.3.2014) by Energy Act 2013 (c. 32) , s. 156(1) , Sch. 12 para. 72 ; S.I. 2014/251 , art. 3(f)(iii) S. 113(10A) inserted (2.5.2022) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 27 para. 7(3) (with s. 283(7)) (as amended (31.10.2012) by 2012 c. 11, s. 39(5); S.I. 2012/2516, art. 2(e)); S.I. 2022/500, reg. 3(b)(ii) Words in Sch. 5 Pt. II s. F1 inserted (5.9.2016) by Scotland Act 2016 (c. 11) , ss. 24 , 72(4)(b) ; S.I. 2016/759 , reg. 3(c) Sch. 1 para. 3(11) omitted (18.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 8(7), 72(4)(a); S.I. 2017/608, reg. 2(1)(f) S. 92(4A) omitted (18.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 10(3), 72(4)(a); S.I. 2017/608, reg. 2(1)(h) Word in s. 80C title substituted (30.11.2016) (with effect in accordance with s. 13(15)(16) of the amending S.I.) by Scotland Act 2016 (c. 11), ss. 13(6)(14), 72(3); S.I. 2016/1161, reg. 2 Sch. 8 para. 22 repealed (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 2 Pt. 1 Words in s. 80C(5) inserted (30.11.2016) (with effect in accordance with s. 13(15)(16) of the amending S.I.) by Scotland Act 2016 (c. 11), ss. 13(5)(b)(14), 72(3); S.I. 2016/1161, reg. 2 Words in s. 93(3) inserted (1.7.2012) by Scotland Act 2012 (c. 11), ss. 23(3)(b), 44(2)(b) S. 15(1)(ba) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 6(2)(a), 73(2) (with s. 19(1)); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Sch. 4 para. 4(2A)(2B)(2C) omitted (18.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 10(4), 72(4)(a); S.I. 2017/608, reg. 2(1)(h) Words in s. 80HA(3)(b) substituted (30.11.2016) (with effect in accordance with s. 13(15)(16) of the amending S.I.) by Scotland Act 2016 (c. 11), ss. 13(13)(14), 72(3); S.I. 2016/1161, reg. 2 Words in s. 31 heading substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 11(3), 72(4)(a); S.I. 2017/608, reg. 2(1)(i) S. 16(1) repealed (31.10.2025) by The Scottish Parliament (Disqualification of Members of the House of Lords) Regulations 2025 (S.S.I. 2025/308), regs. 1(2), 4(a) (with reg. 1(3)) Word in Sch. 1 para.

7(1)(b) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(4)(a); S.S.I. 2021/124, reg. 2, sch. S. 15(1)(bc) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 15(2), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 19(2A) inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 4(4), 44(5); S.I. 2012/1710, art. 2(a) Words in Sch. 5 Pt. II Section L2 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 37(3) , 72(7) Sch. 1 para. 1(2)(c) substituted (31.10.2012) by Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 8; S.I. 2012/2516, art. 2(f) S. 2(5ZZA) repealed (1.10.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 27(2)(b), 73(2); S.S.I. 2025/106, reg. 2(1)(c), sch. Pt. 3 Words in Sch. 1 para. 12 inserted (S.) (4.10.2018) by Islands (Scotland) Act 2018 (asp 12), ss. 18(1)(c)(ii), 31(2); S.S.I. 2018/282, reg. 2 Words in Sch. 5 Pt. II s. F1 inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 25, 72(4)(b); S.I. 2016/759, reg. 4 Words in Sch. 6 para. 1(d) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 2(5) S. 2(5D)-(5G) inserted (1.10.2025) by virtue of Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 27(2)(c), 73(2); S.S.I. 2025/106, reg. 2(1)(c), sch. Pt. 3 Words in s. 80E(3)(c) substituted (24.7.2018) by Wales Act 2014 (c. 29), ss. 11(7)(a), 29(4); S.I. 2018/892, art. 4 (with art. 7) Sch. 7 para. 6 omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 2(6)(b) Words in Sch. 7 para. 1(2) inserted (23.3.2016) by Scotland Act 2016 (c. 11), ss. 36(5), 72(1)(b) Words in Sch. 5 Pt. 2 Section C11 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(5)(b) , 72(7) Words in Sch. 5 Pt. II Section L2 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 37(4) , 72(7) S. 2(2A)(b) and word omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 7 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22) Words in Sch. 1 para. 9(1) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(3)(b); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 6 para. 1 omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 23(3) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22) Words in s. 113(10)(a) substituted (2.5.2022) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 27 para. 7(2) (with s. 283(7)); S.I. 2022/500, reg. 3(b)(ii) Words in s. 17(4) inserted (S.) (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 18(3)(a), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Words in Sch. 5 Pt. II s. J4 inserted (13.6.2014) by The Scotland Act 1998 (Modification of Schedule 5) Order 2014 (S.I. 2014/1559) , arts. 1(2) , 5(4)(a) Words in Sch. 5 Pt. II Section E1 substituted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 40(2) , 72(7) S. 126(7) applied by 2003 c. 21, Sch. 3A para. 104(10) (as inserted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 1 (with Sch. 2); S.I. 2017/1286, reg. 2(b)) 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) S. 29(2)(b)(c) excluded by 1974 c. 53, Sch. 3 para. 9(1) (as inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 19, 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 15) S. 32(2A) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 11(9), 72(4)(a); S.I. 2017/608, reg. 2(1)(i) Words in Sch. 5 Pt. II Section D2 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(7) , 72(7) Words in Sch. 1 para. 12 substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(3)(d)(ii); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 5 Pt. II inserted (1.7.2012) by Scotland Act 2012 (c. 11) , ss. 11 , 44(2)(a) S. 80G(3) omitted (17.7.2014) by virtue of Finance Act 2014 (c. 26), Sch. 38 para. 16(6) Words in Sch. 7 para. 1(2) repealed (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 1(1)(b), 35; S.S.I. 2020/278, reg. 2, sch. Words in Sch. 1 para. 3(8)(b) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(6); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 5 Pt. II Section E2 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 45(3) , 72(7) S. 23A inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 66(2), 72(7) Words in Sch. 5 Pt. 2 s. C8 inserted (13.6.2014) by The Scotland Act 1998 (Modification of Schedule 5) Order 2014 (S.I. 2014/1559) , arts. 1(2) , 4(2) Words in Sch. 1 para. 9(1) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(f); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 1 para. 9(3) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(f); S.S.I. 2021/124, reg. 2, sch. S. 31A inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 11(6), 72(4)(a); S.I. 2017/608, reg. 2(1)(i) Act modified (23.5.2016) by Scotland Act 2016 (c. 11), ss. 46(1)(3), 51(1) Sch. 4 para. 1(3) inserted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(vi), Sch. 5 para. 20(3) (with s. 38(3)) S. 36(4A) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 11(17), 72(4)(a); S.I. 2017/608, reg. 2(1)(i) S. 90A and cross-heading inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 16, 44(5); S.I. 2012/1710, art. 2(i) S. 15(1)(bzc) inserted (31.10.2025) by The Scottish Parliament (Disqualification of Councillors) Regulations 2025 (S.S.I. 2025/306), regs. 1(2), 3(a) (with reg. 1(3)) S. 16(2) repealed (3.8.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), ss. 2(a), 12(2); S.S.I. 2020/162, reg. 2 S. 19(1A)(1B) inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 4(3), 44(5); S.I. 2012/1710, art. 2(a) Sum in s. 67A(3) substituted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 20(8), 72(5); S.I. 2016/1178, reg. 2(a) Words in Sch. 5 Pt. II s. H3 inserted (5.9.2016) by Scotland Act 2016 (c. 11), ss. 31(4), 72(4)(b); S.I. 2016/759, reg. 3(h) S. 16(1ZE)-(1ZI) inserted (31.10.2025) by The Scottish Parliament (Disqualification of Councillors) Regulations 2025 (S.S.I. 2025/306), regs. 1(2), 4(1) (with reg. 1(3)) Words in Sch. 1 para. 12 substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(h)(iii); S.S.I. 2021/124, reg. 2, sch. Words in s. 80F(2) substituted (17.2.2015) by Wales Act 2014 (c. 29), ss. 11(8)(b), 29(2)(b), 29(3) Sch. 4 para. 4A omitted (3.7.2012) by virtue of Scotland Act 2012 (c. 11), ss. 14(3), 44(5) (with s. 14(5)); S.I. 2012/1710, art. 2(g) 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) Words in Sch. 5 Pt. II Section L2 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 37(5) , 72(7) Word in s. 67(3) omitted (12.12.2014) by virtue of Scotland Act 2012 (c. 11), ss. 32(8), 44(4)(b); S.I. 2014/3250, art. 2 Sch. 1 para. 3(7A) inserted (S.) (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 63(2), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Words in Sch. 5 Pt. II s. F1 inserted (5.9.2016) by Scotland Act 2016 (c. 11) , ss. 22(3) , 72(4)(b) ; S.I. 2016/759 , reg. 3(a)(ii) Sch. 5 Pt. II s. J5 omitted (8.2.2019) by virtue of Scotland Act 2016 (c. 11), ss. 27(4), 72(4)(b); S.I. 2018/1364, reg. 2 Words in Sch. 1 para. 14(2) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(i); S.S.I. 2021/124, reg. 2, sch. S. 46(3) substituted (1.10.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 30(2), 73(2); S.S.I. 2025/106, reg. 2(1)(c), sch. Pt. 3 Sch. 1 para. 2(2) substituted (31.10.2012) by Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 9; S.I. 2012/2516, art. 2(f) S. 29(2)(d) restricted (1.3.2019) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 8 para. 41(3)(9) (with s. 19, Sch. 8 para. 37); S.I. 2019/399, reg. 2 Word in s. 36(5)(a) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 12(3) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 11, 22) Words in Sch. 5 Pt. II s. B3 omitted (18.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 3(5), 72(4)(a); S.I. 2017/608, reg. 2(1)(a) S. 36(4)(aa) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 11(16), 72(4)(a); S.I. 2017/608, reg. 2(1)(i) S. 80G(5) inserted (17.7.2014) by Finance Act 2014 (c. 26), Sch. 38 para. 16(7) Words in Sch. 1 para. 12 substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(h)(ii); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 5 Pt. 2 s. C7 inserted (13.6.2014) by The Scotland Act 1998 (Modification of Schedule 5) Order 2014 (S.I. 2014/1559) , arts. 1(2) , 3(2) Pt. 4A Ch. 3 inserted (1.7.2012) by Scotland Act 2012 (c. 11), ss. 28, 44(2)(b), 44(3)(b) (with s. 28(2)) Pt. 4A Ch. 8 inserted (19.12.2024) by The Scotland Act 1998 (Specification of Devolved Tax) (Building Safety) Order 2024 (S.I. 2024/1362), arts. 1(2), 2 Words in s. 80DA(2)(a) substituted (with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 12 of the commencing S.I. of the commencing S.I.) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 15 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10) S. 29(5) inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 9(2), 44(5); S.I. 2012/1710, art. 2(d) Sch. 1 para. 8(1) substituted (31.10.2012) by Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 5(2); S.I. 2012/2516, art. 2(f) Words in Sch. 5 Pt. II s. F1 omitted (17.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 23(4), 72(4)(b); S.I. 2017/455, reg. 2(b)(ii) Words in Sch. 1 para. 7(2) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(d); S.S.I. 2021/124, reg. 2, sch. Sch. 5 Pt. II s. C16 inserted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), ss. 52(1), 59(3) (with s. 55(2)); S.I. 2020/1621, reg. 2(i) Words in Sch. 5 Pt. II s. F1 inserted (5.9.2016) by Scotland Act 2016 (c. 11) , ss. 28(2) , 72(4)(b) ; S.I. 2016/759 , reg. 3(e) Words in s. 80E(3)(c) substituted (17.2.2015) by Wales Act 2014 (c. 29), ss. 11(7)(b), 29(2)(b), 29(3) Words in Sch. 1 para. 7(4) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(d); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 1 para. 3(8)(a) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(6); S.S.I. 2021/124, reg. 2, sch. S. 16(2B)(b) substituted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 1(2)(a), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Words in s. 31(1) substituted (15.10.2012) by Scotland Act 2012 (c. 11), ss. 6, 44(5); S.I. 2012/1710, art. 3 Words in Sch. 1 para. 3(4) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 32, 35; S.S.I. 2021/124, reg. 2, sch. Words in Sch. 1 para. 3(4) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(a); S.S.I. 2021/124, reg. 2, sch. Sch. 1 para. 7(5)(6) omitted (31.10.2012) by virtue of Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 4(3); S.I. 2012/2516, art. 2(f); S.I. 2012/2516, art. 2(f) Words in Sch. 1 para. 10(3) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(g); S.S.I. 2021/124, reg. 2, sch. Word in s. 80D(4)(a) inserted (with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 12 of the commencing S.I. of the commencing S.I.) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 14(2)(a) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10) Words in Sch. 7 para. 1(2) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 5(8), 72(4)(a); S.I. 2017/608, reg. 2(1)(c) Words in Sch. 5 Pt. 2 inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 16(4); S.I. 2018/241, reg. 2(t) Word in Sch. 1 para. 12 substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(4)(d); S.S.I. 2021/124, reg. 2, sch. S. 112(6) omitted (18.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 10(3), 72(4)(a); S.I. 2017/608, reg. 2(1)(h) Sch. 1 para. 12 omitted (31.10.2012) by virtue of Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 10(3); S.I. 2012/2516, art. 2(f) Words in s. 80D(1)(a) inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 11(3)(b), 29(2)(b), 29(3) Words in Sch. 5 Pt. II s. F1 inserted (8.2.2019) by Scotland Act 2016 (c. 11), ss. 27(2), 72(4)(b); S.I. 2018/1364, reg. 2 Pt. 4A inserted (1.7.2012) by Scotland Act 2012 (c. 11), ss. 23(2), 44(2)(b) S. 113(9A)-(10) substituted for s. 113(10) (31.10.2012) by Scotland Act 2012 (c. 11), ss. 39(2), 44(5); S.I. 2012/2516, art. 2(e) S. 100(3A)-(3E) inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 14(6), 44(5) (with s. 14(8)); S.I. 2012/1710, art. 2(g) Pt. V: word in crossheading substituted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 12(2)(b), 44(5) (with s. 12(3)); S.I. 2012/1710, art. 2(f) S. 18: power to modify conferred (S.) (14.4.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 3, 4, 5, 73(2); S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1 S. 3(1A) inserted (1.10.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 28(2)(a), 73(2); S.S.I. 2025/106, reg. 2(1)(c), sch. Pt. 3 Words in s. 3(2B) substituted (1.10.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 28(2)(b), 73(2); S.S.I. 2025/106, reg. 2(1)(c), sch. Pt. 3 Words in s. 2(2A)(a) omitted (24.3.2022) by virtue of Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 11 Words in Sch. 5 Pt. 2 inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 16(3); S.I. 2018/241, reg. 2(t) Words in s. 66(1A) inserted (1.4.2015) by The Scotland Act 1998 (Variation of Borrowing Power) Order 2015 (S.I. 2015/932), arts. 1, 2 S. 12A(2) omitted (24.3.2022) by virtue of Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 12(b) S. 80HA inserted (17.7.2014 with effect in accordance with s. 297(2) of the amending Act) by Finance Act 2014 (c. 26), s. 297(1) Sch. 8 para. 28 repealed (31.12.2020) by The European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/628), reg. 1(3), Sch. Pt. 1; 2020 c. 1, Sch. 5 para. 1(1) Words in Sch. 5 Pt. 2 substituted (31.10.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 16(6)(a); S.I. 2018/1054, reg. 2(d)(vi) S. 2(2) modified (31.3.2016) by Scottish Elections (Dates) Act 2016 (asp 13), ss. 1(2), 3 (with s. 1(1)) Words in s. 80D(4B) substituted (with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 12 of the commencing S.I. of the commencing S.I.) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 14(3) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10) S. 104(2)(c) modified (23.3.2016) by Scotland Act 2016 (c. 11), ss. 36(12)(b), 72(1)(b) Words in Sch. 5 Pt. II s. B3 inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 3(5), 72(4)(a); S.I. 2017/608, reg. 2(1)(a) Words in s. 2(3) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 5(4), 72(4)(a); S.I. 2017/608, reg. 2(1)(c) Sch. 7 para. 3A inserted (23.3.2016) by Scotland Act 2016 (c. 11), ss. 36(6), 72(1)(b) Word in s. 35(3)(b) omitted (18.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 11(14)(a), 72(4)(a); S.I. 2017/608, reg. 2(1)(i) Words in Sch. 1 para. 12 omitted (31.10.2012) by virtue of Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 6(3); S.I. 2012/2516, art. 2(f) Words in s. 2(5)(c) substituted (1.10.2025) by virtue of Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 27(2)(a)(ii), 73(2); S.S.I. 2025/106, reg. 2(1)(c), sch. Pt. 3 Words in Sch. 1 para. 3(1) substituted (S.) (4.10.2018) by Islands (Scotland) Act 2018 (asp 12), ss. 18(1)(b), 31(2); S.S.I. 2018/282, reg. 2 Words in Sch. 6 para. 1 substituted (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 23(4) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10) Words in s. 2(5) substituted (1.10.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 27(2)(a)(i), 73(2); S.S.I. 2025/106, reg. 2(1)(c), sch. Pt. 3 S. 30(3) power extended (17.5.2017 for specified purposes, 1.4.2024 in so far as not already in force) by 1992 c. 4, s. 138(4C) (as inserted by Scotland Act 2016 (c. 11), ss. 23(5), 72(4)(b); S.I. 2017/455, regs. 2(b)(iii), 3) Words in Sch. 5 Pt. II s. C8 substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 21 (with s. 38(3)); S.I. 2020/1622, reg. 5(j) (with reg. 10) S. 15(4) inserted (S.) (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 6(2)(b), 73(2) (with s. 19(1)); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 65A inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 67(2), 72(5); S.I. 2016/1178, reg. 2(c) Words in Sch. 7 para. 1(2) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 39(2), 72(7) 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)) Words in Sch. 4 para. 2(3)(e) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Pensions Act 2014 (Consequential and Supplementary Amendments) Order 2016 (S.I. 2016/224), art. 4 Word in Sch. 1 para. 12 substituted (S.) (4.10.2018) by Islands (Scotland) Act 2018 (asp 12), ss. 18(1)(c)(i), 31(2); S.S.I. 2018/282, reg. 2 Sch. 1 para. 5 and cross-heading omitted (31.10.2012) by virtue of Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 3; S.I. 2012/2516, art. 2(f) Sch. 4 para. 11(4) omitted (18.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 10(3), 72(4)(a); S.I. 2017/608, reg. 2(1)(h) Sch. 4 para. 13(1)(a) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 21(3) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22) Words in Sch. 5 Pt. II s. F1 substituted (5.9.2016) by Scotland Act 2016 (c. 11) , ss. 23(3) , 72(4)(b) ; S.I. 2016/759 , reg. 3(b)(ii) (with saving in S.I. 2016/761 , art. 2 ) Pt. IV omitted (1.7.2012 with effect in accordance with s. 44(3)(a) of the amending Act) ) by virtue of Scotland Act 2012 (c. 11), ss. 25(2), 44(2)(b), (3)(a); S.I. 2015/2000, art. 2 Words in Sch. 1 para. 6(3) inserted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 30(2)(b), 35; S.S.I. 2021/124, reg. 2, sch. Sch. 1 para. 3 cross-heading substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(8); S.S.I. 2021/124, reg. 2, sch. S. 2(3)-(5ZA) excluded (30.1.2021) by Scottish General Election (Coronavirus) Act 2021 (asp 5), ss. 2, 15 (with s. 12) S. 7(1) applied (with modifications) by S.S.I. 2015/425, sch. 2 rule 74A(3) (as inserted (S.) (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 15(6) (with art. 1(2))) S. 80F(1)(a)-(c) and words substituted for words in s. 80F(1) (24.7.2018) by Wales Act 2014 (c. 29), ss. 11(8)(a), 29(4); S.I. 2018/892, art. 4 (with art. 7) S. 39(4A)-(7) substituted (3.7.2012) for s. 39(5)-(7) by Scotland Act 2012 (c. 11), ss. 7(2), 44(5) (with s. 7(3)); S.I. 2012/1710, art. 2(c) Words in Sch. 7 para. 1 inserted (1.7.2012) by Scotland Act 2012 (c. 11), ss. 23(6), 44(2)(b) Words in Sch. 5 Pt. 2 Section C7 substituted (1.7.2018) by The Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634), regs. 1(2), 38(2) (with regs. 3, 38(15)) Sch. 5 Pt. II Section J1 omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11) , ss. 53 , 72(7) S. 90C and cross-heading inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 61, 72(7) Sch. 1 para. 1(2)(za) inserted (4.10.2018) by Islands (Scotland) Act 2018 (asp 12), ss. 18(1)(a), 31(2); S.S.I. 2018/282, reg. 2 Words in Sch. 5 Pt. II Section B9 inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 52(1), 72(7) (with s. 52(6)) S. 2(1) repealed (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 1(1)(a)(i), 35; S.S.I. 2020/278, reg. 2, sch. Words in s. 36(6) substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 11(19)(b), 72(4)(a); S.I. 2017/608, reg. 2(1)(i) Pt. 4A Ch. 4 inserted (1.7.2012 with effect in accordance with s. 44(3)(c) of the amending Act) by Scotland Act 2012 (c. 11), ss. 30(1), 44(2)(b), (3)(c); S.I. 2015/638, art 2. Ss. 12, 12A substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 4(1), 72(4)(a); S.I. 2017/608, reg. 2(1)(b) S. 53 excluded (5.9.2016) by Scotland Act 2016 (c. 11), ss. 33(1), 72(4)(b); S.I. 2016/759, reg. 3(j) Words in Sch. 1 para. 4(2) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(b); S.S.I. 2021/124, reg. 2, sch. Sch. 4 excluded by 1974 c. 53, Sch. 3 para. 9(1) (as inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 19, 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 15) S. 31(4)(5) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 11(5), 72(4)(a); S.I. 2017/608, reg. 2(1)(i) S. 66(1)(d)(e) inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 20(5), 72(5); S.I. 2016/1178, reg. 2(a) Word in Sch. 1 para. 10(2) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(4)(c); S.S.I. 2021/124, reg. 2, sch. S. 30(5)(6) inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 9(1), 44(5); S.I. 2012/1710, art. 2(d) Word in s. 80D(1) substituted (17.2.2015) by Wales Act 2014 (c. 29), ss. 11(3)(a), 29(2)(b), 29(3) Sch. 1 para. 6(3A)(3B) inserted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 30(3), 35; S.S.I. 2021/124, reg. 2, sch. Words in Sch. 7 para. 1 inserted (31.10.2012) by Scotland Act 2012 (c. 11), ss. 39(4), 44(5); S.I. 2012/2516, art. 2(e) Sum in s. 67(3A) substituted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 20(7), 72(5); S.I. 2016/1178, reg. 2(a) S. 117 applied (with modifications) (E.W.S.) (9.2.2018) by The Scotland Act 1998 (Insolvency Functions) Order 2018 (S.I. 2018/174), arts. 1(1), 3 S. 57(2) excluded (19.5.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 64 (with s. 38(3)); S.I. 2020/518, reg. 2(p)(v) S. 57(2) restricted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(6)(g), Sch. 6 para. 12 S. 3(2A)-(2C) inserted (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 3(3), 35; S.S.I. 2020/278, reg. 2, sch. Words in Sch. 1 para. 10(1) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(3)(c); S.S.I. 2021/124, reg. 2, sch. Words in s. 2(5)(a) inserted (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 3(2)(a), 35; S.S.I. 2020/278, reg. 2, sch. Words in s. 80D(3)(a) substituted (17.2.2015) by Wales Act 2014 (c. 29), ss. 11(4), 29(2)(b), 29(3) Words in s. 66(1)(c) inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 20(4)(b), 72(5); S.I. 2016/1178, reg. 2(a) S. 30A omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 2(3) S. 119(4) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 18 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22) Words in Sch. 1 para. 6(1) substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 8(3), 72(4)(a); S.I. 2017/608, reg. 2(1)(f) Word in Sch. 1 para. 7(2) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(7)(a); S.S.I. 2021/124, reg. 2, sch. S. 117 applied (with modifications) (6.11.2014) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2014 (S.I. 2014/2918), arts. 1(1), 3 S. 100(3A)-(3E) omitted (3.7.2012) by virtue of Scotland Act 2012 (c. 11), ss. 14(1)(a), 44(5) (with s. 14(5)); S.I. 2012/1710, art. 2(g) 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 Words in Sch. 1 para. 4(3) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(b); S.S.I. 2021/124, reg. 2, sch. Word in s. 80C(5) substituted (30.11.2016) (with effect in accordance with s. 13(15)(16) of the amending S.I.) by Scotland Act 2016 (c. 11), ss. 13(5)(a)(14), 72(3); S.I. 2016/1161, reg. 2 Word in s. 33(2)(b) omitted (18.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 11(13), 72(4)(a); S.I. 2017/608, reg. 2(1)(i) S. 97 substituted (S.) (22.5.2021) by Scottish Parliament (Assistance for Political Parties) Act 2021 (asp 7), ss. 1, 4 (with s. 3) Words in Sch. 7 para. 2 inserted (1.7.2015) by Scotland Act 2012 (c. 11), ss. 3(4), 44(5); S.I. 2015/682, art. 2(b) (with saving in S.I. 2015/683, art. 2) Sch. 1 para. 8(3) omitted (31.10.2012) by virtue of Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 5(3); S.I. 2012/2516, art. 2(f) Word in Sch. 1 para. 6(1) substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 8(8), 72(4)(a); S.I. 2017/608, reg. 2(1)(f) Words in s. 15(1)(a) inserted (S.) (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 20(2)(a)(ii), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Act modified (1.4.2017) by The Scottish Fiscal Commission Act 2016 (Consequential Provisions and Modifications) Order 2017 (S.I. 2017/241), art. 3 S. 92(4B) inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 9(3), 44(5); S.I. 2012/1710, art. 2(d) Words in Sch. 1 para. 7(2) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 33, 35; S.S.I. 2021/124, reg. 2, sch. Words in Sch. 1 para. 3(1) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(a); S.S.I. 2021/124, reg. 2, sch. S. 66(1ZA) inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 20(6), 72(5); S.I. 2016/1178, reg. 2(a) Words in Sch. 1 para. 3(3)(b) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(5)(b); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 1 para. 10(1) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(g); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 1 para. 3(3)(a) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(5)(a); S.S.I. 2021/124, reg. 2, sch. S. 80D(4)(b) and word omitted (with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 12 of the commencing S.I. of the commencing S.I.) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 14(2)(b) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22) Sch. 4 para. 11(3)(c) modified (23.3.2016) by Scotland Act 2016 (c. 11), ss. 36(12)(c), 72(1)(b) S. 16(1A)-(1C) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 18(2)(a), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Sch. 8 para. 19 and crossheading omitted (28.4.2013) by virtue of Mental Health (Discrimination) Act 2013 (c. 8), s. 4(1), Sch. para. 2(2) Words in Sch. 5 Pt. II s. B3 omitted (18.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 3(4), 72(4)(a); S.I. 2017/608, reg. 2(1)(a) Words in Sch. 1 para. 4(1) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(b); S.S.I. 2021/124, reg. 2, sch. Words in s. 19(1) omitted (3.7.2012) by virtue of Scotland Act 2012 (c. 11), ss. 4(2), 44(5); S.I. 2012/1710, art. 2(a) Words in s. 57 heading omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 13(2)(a) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22) Words in s. 12(4)(a) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 8(b) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22) Words in Sch. 5 Pt. 2 omitted (31.10.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 16(5); S.I. 2018/1054, reg. 2(d)(vi) S. 82(1)(b) and word omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 16(2)(b) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22) S. 117 applied (with modifications) (23.5.2019) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2019 (S.I. 2019/964), arts. 1(2), 4(1) (with art. 4(2)) S. 2(2A)(2B) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 5(3), 72(4)(a); S.I. 2017/608, reg. 2(1)(c) Words in Sch. 5 Pt. II Section E1 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 40(5) , 72(7) Words in Sch. 7 para. 1 repealed (S.) (22.5.2021) by Scottish Parliament (Assistance for Political Parties) Act 2021 (asp 7), ss. 2, 4 Words in s. 12A(1)(a) substituted (24.3.2022) by Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 12(a)(i) Words in s. 100(4) inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 14(7), 44(5) (with s. 14(8)); S.I. 2012/1710, art. 2(g) Words in Sch. 1 para. 9(2) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(f); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 5 Pt. 2 Section C11 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(5)(c) , 72(7) Words in s. 106(5) substituted (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 17(2) (with s. 19, Sch. 8 paras. 37, 45); S.I. 2020/1622, reg. 3(l) (with reg. 10) Words in Sch. 7 para. 1 inserted (1.7.2015) by Scotland Act 2012 (c. 11), ss. 3(3)(b), 44(5); S.I. 2015/682, art. 2(b) (with saving in S.I. 2015/683, art. 2) S. 126(9) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 19(2) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22) Words in Sch. 1 para. 3(3) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(a); S.S.I. 2021/124, reg. 2, sch. Heading in Sch. 5 Pt. II Section D1 substituted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(6)(a) , 72(7) S. 56(1)(g) modified (5.9.2016) by Scotland Act 2016 (c. 11), ss. 31(5), 72(4)(b); S.I. 2016/759, reg. 3(h) S. 16(1ZC)(1ZD) inserted (31.10.2025) by The Scottish Parliament (Disqualification of Members of the House of Lords) Regulations 2025 (S.S.I. 2025/308), regs. 1(2), 4(b) (with reg. 1(3)) S. 29(2)(d) excluded (14.11.2020) by Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20), s. 9(4), Sch. 2 para. 2; S.I. 2020/1279, reg. 2(c) Words in s. 80G(2) substituted (17.7.2014) by Finance Act 2014 (c. 26), Sch. 38 para. 16(5) Word in s. 81 heading substituted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 12(2)(b), 44(5) (with s. 12(3)); S.I. 2012/1710, art. 2(f) Words in s. 80G(1)(a) substituted (with effect in accordance with s. 13(15)(16) of the amending S.I.) by Scotland Act 2016 (c. 11), ss. 13(10)(b)(14), 72(3); S.I. 2016/1161, reg. 2 Words in s. 102(7) inserted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 36(3)(c), 44(5); S.I. 2013/6, art. 2(c) Words in Sch. 7 para. 1(2) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 2(6)(a)(ii) Sch. 5 Pt. II s. J4(a)(aa) substituted for Sch. 5 Pt. II (13.6.2014) by The Scotland Act 1998 (Modification of Schedule 5) Order 2014 (S.I. 2014/1559) , arts. 1(2) , 5(2) Words in s. 12(4)(a) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 8(a) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22) Words in Sch. 4 para. 14 inserted (23.3.2016) by Scotland Act 2016 (c. 11), ss. 71(10), 72(1)(c) Words in Sch. 1 para. 3(4) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 8(5)(a), 72(4)(a); S.I. 2017/608, reg. 2(1)(f) S. 82: power to modify conferred (S.) (14.4.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 3, 4, 5, 73(2); S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1 Words in Sch. 1 para. 7(3) substituted (S.) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 3(2)(d); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 5 Pt. II s. C8 substituted (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 22 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10) Words in Sch. 1 para. 12 substituted (31.10.2012) by Scotland Act 2012 (c. 11), s. 44(5), Sch. 1 para. 10(2); S.I. 2012/2516, art. 2(f) Words in Sch. 5 Pt. II s. F1 inserted (8.2.2019) by Scotland Act 2016 (c. 11), ss. 27(3), 72(4)(b); S.I. 2018/1364, reg. 2 Words in Sch. 7 para. 1(2) inserted (17.7.2014) by Finance Act 2014 (c. 26), Sch. 38 para. 16(10)(b) Pt. 4A Ch. 2 inserted (1.7.2012 with effect in accordance with s. 44(3)(a) of the amending Act) by Scotland Act 2012 (c. 11), ss. 25(3), 44(2)(b), (3)(a); S.I. 2015/2000, art. 3 Words in s. 15(1)(b) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 20(2)(b)(ii), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 16(6) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 18(2)(c), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Words in s. 66(3) inserted (12.12.2014) by Scotland Act 2012 (c. 11), ss. 32(4), 44(4)(b); S.I. 2014/3250, art. 2 S. 66(1)-(1B) substituted for s. 66(1) (12.12.2014) by Scotland Act 2012 (c. 11), ss. 32(3), 44(4)(b); S.I. 2014/3250, art. 2 Words in s. 17(4) omitted (28.4.2013) by virtue of Mental Health (Discrimination) Act 2013 (c. 8), s. 4(1), Sch. para. 2(1)(a) S. 126(8) applied by 2015 c. 26, s. 153B(2)(a) (as inserted (1.2.2017) by Enterprise Act 2016 (c. 12), ss. 41, 44(4)(b); S.I. 2017/70, reg. 2(b)) S. 80C(2A)-(2C) substituted (30.11.2016) for s. 80C(2) (with effect in accordance with s. 13(15)(16) of the amending S.I.) by Scotland Act 2016 (c. 11), ss. 13(3)(14), 72(3); S.I. 2016/1161, reg. 2 Words in s. 57(2) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 1(a) (with s. 19, Sch. 8 paras. 37, 41, 42); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22) Pt. 2A inserted (23.3.2016) by Scotland Act 2016 (c. 11), ss. 1, 72(1)(a) S. 67A inserted (12.12.2014) by Scotland Act 2012 (c. 11), ss. 32(10), 44(4)(b); S.I. 2014/3250, art. 2 S. 80DA inserted (24.7.2018) by Wales Act 2014 (c. 29), ss. 11(6), 29(4); S.I. 2018/892, art. 4 (with art. 7) S. 9(4A)-(4F) inserted (S.) (14.4.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 31(2), 73(2); S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1 S. 102(1)(c) and words added (3.7.2012) by Scotland Act 2012 (c. 11), ss. 15, 44(5); S.I. 2012/1710, art. 2(h) Words in s. 12A(5)(a) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 9(4)(b) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22) Words in s. 82(2)(b) substituted (31.10.2025) by The Scottish Parliament (Disqualification of Members of the House of Commons) Regulations 2025 (S.S.I. 2025/307), regs. 1(2), 5(b) (with reg. 1(3)) S. 15(1)(bza) inserted (31.10.2025) by The Scottish Parliament (Disqualification of Members of the House of Commons) Regulations 2025 (S.S.I. 2025/307), regs. 1(2), 3 (with reg. 1(3)) Words in Sch. 7 para. 1 inserted (12.12.2014) by Scotland Act 2012 (c. 11), ss. 32(12), 44(4)(b); S.I. 2014/3250, art. 2 Sch. 3 Pt III para. 3(2)(e)(f) inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(8), 72(7) Sch. 5 Pt 1 para. 2(3A) inserted (with effect in accordance with s. 72(2) of the amending Act) by Scotland Act 2016 (c. 11), ss. 36(4), 72(2) S. 82(1)(za) omitted (31.10.2025) by The Scottish Parliament (Disqualification of Members of the House of Commons) Regulations 2025 (S.S.I. 2025/307), regs. 1(2), 5(a) (with reg. 1(3)) S. 82(2A)(2B) inserted (31.10.2025) by The Scottish Parliament (Disqualification of Members of the House of Commons) Regulations 2025 (S.S.I. 2025/307), regs. 1(2), 5(c) (with reg. 1(3)) S. 16(1ZA)(1ZB) inserted (31.10.2025) by The Scottish Parliament (Disqualification of Members of the House of Commons) Regulations 2025 (S.S.I. 2025/307), regs. 1(2), 4 (with reg. 1(3)) Words in Sch. 5 Pt 1 para. 2(3) inserted (with effect in accordance with s. 72(2) of the amending Act) by Scotland Act 2016 (c. 11), ss. 36(3), 72(2) Words in Sch. 7 para. 1(2) inserted (27.10.2025) by Absent Voting (Elections in Scotland and Wales) Act 2025 (c. 27), ss. 2(5), 4(1) Sch. 5 Pt. III para. 4A and cross-heading inserted (11.3.2026) by The Scotland Act 1998 (Modification of Schedule 5) Order 2026 (S.I. 2026/276), arts. 1(1), 2 S. 80C(2B) substituted (for the tax year 2027-28 and subsequent tax years) by Finance Act 2026 (c. 11), s. 6(8), Sch. 1 para. 55 S. 53 modified (24.6.2026) by Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28), ss. 104, 109(1) (with s. 105); S.I. 2026/601, reg. 2(1)(f) Sum in s. 67(2) substituted (30.6.2026) by The Scotland Act 1998 (Increase of Borrowing Limits) Order 2026 (S.I. 2026/713), arts. 1(2), 2(2) Sum in s. 67A(1) substituted (30.6.2026) by The Scotland Act 1998 (Increase of Borrowing Limits) Order 2026 (S.I. 2026/713), arts. 1(2), 2(3)