Scotland Act 1998


Scotland Act 1998

Infobox UK Legislation
short_title= Scotland Act 1998
parliament=Parliament of the United Kingdom
long_title=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.
statute_book_chapter=1998 Chapter 46
introduced_by=
territorial_extent=Scotland
royal_assent=19 November 1998
commencement=Various dates from 19 November 1998 to 1 April 2000. [ [http://www.opsi.gov.uk/acts/acts1998/ukpga_19980046_en_10#pt6-pb4-l1g130 Section 130.] ] [ [http://www.opsi.gov.uk/si/si1998/19983178.htm Scotland Act 1998 (Commencement) Order 1998] ]
amendments=Scottish Parliament (Constituencies) Act 2004
related_legislation=
status=Current|
The Scotland Act 1998 (1998 c. 46) is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.

The Act was introduced by the Labour government in 1998 after the Scotland referendum, 1997 showed that Scotland was in favour of both of the set questions, firstly for the creation of a parliament for Scotland and secondly, that this parliament should have tax varying powers. The Act creates the Scottish Parliament, sets out how Members of the Scottish Parliament are to be elected [ Sections 1 to 18. ] , makes some provision about the internal operation of the Parliament [ Sections 19 to 27, 39 to 43. ] (although many issues are left for the Parliament itself to regulate) and sets out the process for the Parliament to consider and pass Bills which become Acts of the Scottish Parliament once they receive Royal Assent [ Sections 28 to 36. ] . The Act specifically asserts the continued power of the UK Parliament to legislate in respect of Scotland; [Section 28(7).] thereby upholding the concept of Westminster's absolute Parliamentary sovereignty.

The Act also provides for the creation of a 'Scottish Executive' [ Section 44. ] though one of the early actions of the SNP administration that won power in the 2007 elections was to rebrand the Scottish Executive, as the group of Ministers and their civil servants had been known, as the Scottish Government. Despite the re-branding, the 'Scottish Executive' still uses the original description for a number of purposes (s.44 of the Scotland Act defines the nature of the body but does not use the words "shall be known as" with regard to a name as is the case with various other bodies whose names are thus fixed by statute). It consists of a First Minister and other Ministers appointed by the Queen with the approval of the Parliament, including the Lord Advocate and the Solicitor General for Scotland.

The Act sets out the legislative competence of the Scottish Parliament. Rather than listing the matters over which the Scottish Parliament does control (devolved powers), it specifies the matters over which it does not (reserved matters). [Schedule 5.] It further designates a list of statutes which are not amenable to amendment or repeal by the Parliament [Schedule 4] which includes the Human Rights Act 1998 and many provisions of the Scotland Act itself. Even when acting within its legislative competence, the Act further constrains the powers of the Parliament by inhibiting it from acting in a manner incompatible with the European Convention on Human Rights or European Community law. [Section 29(2)(d).] The same constraints apply to acts of the Scottish Executive. [Section 57(2).]

The Act also sets up mechanisms to resolve disputes over questions about legislative competence of the Parliament and powers of the Executive. The ultimate appeal in such matters lies to the Judicial Committee of the Privy Council [ Sections 32, 33, 103, and Schedule 6 ] . It also allows the powers of the Scottish Parliament and the Scottish Executive to be adjusted over time by agreement between both Parliaments by means of an Order in Council [ Sections 30 and 63. ] .

The Act was passed on November 17, 1998 [ [http://www.publications.parliament.uk/pa/ld199798/ldhansrd/vo981117/text/81117-20.htm#81117-20_head0 Final debate in House of Lords] ] , and received royal assent two days later on November 19 [ [http://www.publications.parliament.uk/pa/cm199798/cmhansrd/vo981119/debtext/81119-05.htm#81119-05_head1 Royal Assent signified] ] . The first elections were held in May 1999 and the Scottish Parliament and Executive assumed their full powers on 1 July 1999.

The Act was amended by the Scottish Parliament (Constituencies) Act 2004 to end the link between the number of MPs at Westminster and the number of constituency MSPs.

Footnotes

ee also

*Kilbrandon Commission

External links

*UK-SLD|2044365
* [http://www.opsi.gov.uk/acts/acts1998/19980046.htm Text of the Act (Office of Public Sector Information site)]
* [http://www.opsi.gov.uk/legislation/scotland/scotact.htm Associated delegated legislation (Office of Public Sector Information site)]
* [http://www.scottish.parliament.uk/ Scottish Parliament site]
* [http://www.scotland.gov.uk/ Scottish Government site]


Wikimedia Foundation. 2010.

Look at other dictionaries:

  • Scotland Act (1998) — Le Scotland Act 1998 est une loi voté par le Parlement du Royaume Uni. C est elle qui institue le principe de dévolution au Parlement écossais. Cette loi sera amendée par le Scotland Bill 2010 11, si elle reçoit le royal assent. La loi a été… …   Wikipédia en Français

  • Scotland Act 1978 — The Scotland Act 1978 was an Act of the Parliament of the United Kingdom (Westminster) seeking to establish a Scottish Assembly as a devolved legislature for Scotland. The key difference between the failed Scotland Act 1978 and the successful… …   Wikipedia

  • Scotland Act — (1998)    Following the successful referendum in September 1997, the Scotland Act became law a year later. Under the terms of the statute, the first Scottish Parliament in 292 years was to assume the responsibilities previously exercised by the… …   Glossary of UK Government and Politics

  • Scotland Act — Der Scotland Act von 1998 schafft ein Schottisches Parlament, legt eine Wahlordnung und einige Geschäftsordnungsregelungen für dieses Parlament fest, obwohl die Masse der Geschäftsordnung vom schottischen Parlament selbst zu regeln ist. Außerdem… …   Deutsch Wikipedia

  • Competition Act 1998 — The Competition Act 1998 is the current major source of competition policy in the UK along with Enterprise Act 2002. The act provides an updated framework for identifying and dealing with restrictive business practices and abuse of a dominant… …   Wikipedia

  • Northern Ireland Act 1998 — Parliament of the United Kingdom Long title An Act to make new provision for the government of Northern Ireland for the purpose of implementing the agreement reached at multi party talks on Northern Ireland set out in Co …   Wikipedia

  • Church of Scotland Act 1921 — Parliament of the United Kingdom Long title An Act to declare the lawfulness of certain Articles declaratory of the Constitution of the Church of Scotland in matters spiritual prepared with the authority of the General Ass …   Wikipedia

  • Human Rights Act 1998 — Infobox UK Legislation short title= Human Rights Act 1998 parliament=United Kingdom Parliament long title=An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights; to make provision with… …   Wikipedia

  • Registration of Births, Deaths and Marriages (Scotland) Act 1965 — The Registration of Births, Deaths and Marriages (Scotland) Act 1965, was an act of the Parliament of the United Kingdom, which amended the existing legislation controlling the registration system of births, deaths and marriages in Scotland… …   Wikipedia

  • Gaelic Language (Scotland) Act 2005 — The Gaelic Language (Scotland) Act passed by the Scottish Parliament in 2005 is the first piece of legislation to give formal recognition to the Scottish Gaelic language.The Gaelic Language Act aims to secure Gaelic as an official language of… …   Wikipedia


Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.