# Scotland Act 2016

Constitutional documents and events relevant to the status of the United Kingdom and its countries :
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Treaty of Union1706Acts of Union1707Succession to the Crown Act 17071707Septennial Act1716Wales and Berwick Act1746Constitution of Ireland (1782)1782Acts of Union 18001800HC (Disqualifications) Act 18011801Reform Act 18321832Scottish Reform Act 18321832Irish Reform Act 18321832Judicial Committee Act 18331833Judicial Committee Act 18431843Judicial Committee Act 18441844Representation of the People Act 18671867Reform Act (Scotland) 18681868Reform Act (Ireland) 18681868Irish Church Act1869Royal Titles Act 18761876Appellate Jurisdiction Act1876Reform Act 18841884Interpretation Act 18891889Parliament Act1911Aliens Restriction Act1914Status of Aliens Act 19141914Government of Ireland Act 19141914Welsh Church Act1914Royal Proclamation of 19171917Representation of the People Act 19181918Church of England Assembly (Powers) Act1919Government of Ireland Act1920Anglo-Irish Treaty1921Church of Scotland Act 19211921Irish Free State (Agreement) Act1922Irish Free State Constitution Act1922Ireland (Confirm. of Agreement) Act 19251925Balfour Declaration of 19261926Royal and Parliamentary Titles Act1927Representation of the People Act 19281928Eire (Confirmation of Agreement) Act 19291929Statute of Westminster1931HM Declaration of Abdication Act 19361936Regency Act 19371937Regency Act 19431943British Nationality Act 19481948Representation of the People Act 19481948Ireland Act 19491949Statute of the Council of Europe1949Parliament Act 19491949Regency Act 19531953Royal Titles Act 19531953European Convention on Human Rights1953Interpretation Act (NI)1954HC Disqualification Act 19571957Life Peerages Act1958Commonwealth Immigrants Act 19621962Peerage Act1963Royal Assent Act1967Commonwealth Immigrants Act 19681968Immigration Act1971EC Treaty of Accession1972NI (Temporary Provisions) Act1972European Communities Act1972Local Government Act1972UK joins the European Communities1973Local Government (Scotland) Act1973NI border poll1973NI Constitution Act1973House of Commons Disqualification Act1975Referendum Act1975EC membership referendum1975Interpretation Act1978Scotland Act 19781978Wales Act 19781978Scottish devolution referendum1979Welsh devolution referendum1979British Nationality Act1981Representation of the People Act 19831983Representation of the People Act 19851985Single European Act1985Maastricht Treaty1993Local Government (Wales) Act1994Local Government etc. (Scotland) Act1994Referendums (Scotland & Wales) Act1997Scottish devolution referendum1997Welsh devolution referendum1997Good Friday Agreement1998Northern Ireland Act1998Government of Wales Act1998Human Rights Act1998Scotland Act1998House of Lords Act1999Representation of the People Act 20002000Parties, Elections and Referendums Act2000Constitutional Reform Act2005Government of Wales Act 20062006Northern Ireland Act 20092009Lisbon Treaty2009Constitutional Reform and Governance Act2010Parl. Voting System and Constituencies Act2011Welsh devolution referendum2011Alternative Vote referendum2011European Union Act 20112011Fixed-term Parliaments Act2011Scotland Act 20122012Succession to the Crown Act 20132013Scottish independence referendum2014House of Lords Reform Act2014Wales Act 20142014HL (Expulsion and Suspension) Act2015Recall of MPs Act2015European Union Referendum Act2015EU membership referendum2016Scotland Act 20162016Wales Act 20172017EU (Notification of Withdrawal) Act2017Invocation of Article 502017European Union (Withdrawal) Act2018EU Withdrawal Act 20192019 EU Withdrawal (No. 2) Act2019 Early Parliamentary General Election Act2019EU (Withdrawal Agreement) Act2020UK leaves the European Union2020UK Internal Market Act2020EU (Future Relationship) Act2020Dissolution and Calling of Parliament Act2022 Elections Act2022 :
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The Scotland Act 2016 (c. 11) is an act of the Parliament of the United Kingdom. It sets out amendments to the Scotland Act 1998 and devolves further powers to Scotland. The legislation is based on recommendations given by the report of the Smith Commission, which was established on 19 September 2014 in the wake of the Scottish independence referendum.

## The Act

The act gives extra powers to the Scottish Parliament and the Scottish Government, most notably:
* The ability to amend sections of the Scotland Act 1998 which relate to the operation of the Scottish Parliament and the Scottish Government within the United Kingdom including control of its electoral system (subject to a two-thirds majority within the parliament for any proposed change)
* Legislative control over areas such as road signs, speed limits, onshore oil and gas extraction, abortion, welfare foods, gaming machines, rail franchising, consumer advocacy and advice amongst others by devolution of powers in relation to these fields to the Scottish Parliament and the Scottish Ministers.
* Management of the Crown Estate and British Transport Police in Scotland
* Control over Air Passenger Duty and new legislative powers for raising an Aggregates Levy in Scotland.
* Enhanced control over aspects of several welfare and housing related benefits and Disability Living Allowance, Personal Independence Payment, Attendance Allowance and Carer's Allowance as well as the ability to create new welfare benefits.
* Substantial powers over Income Tax rates and bands on non-savings and non-dividend income
* Extended powers over Employment Support and the housing aspect of Universal Credit
* The right to receive half of the VAT raised in Scotland.

### Permanence of the Scottish Parliament and Scottish Government

This Act recognises the Scottish Parliament and a Scottish Government as permanent among UK's constitutional arrangements, with a referendum required before either can be abolished. However, according to some commentators, the act institutes a weak statutory mechanism, which does not stipulate provisions or guarantees for such a referendum, or makes duties of Crown ministers in this respect publicly answerable to the Scottish electorate.
* 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.

## Amendments

About 120 amendments and new clauses were lodged on the bill by opposition parties but these were rejected by the Commons.

## Fiscal framework

During the passage of the bill, almost a full year of negotiations took place between the Scottish and UK Governments concerning the fiscal framework that accompanied it. This was necessary because of the intention to reduce the block grant given to the Scottish government by HM Treasury to take account of the additional income the Scottish government will receive through retaining a portion of the revenues from income tax that is generated in Scotland.
The Smith Commission said that there should be “no detriment” to either government in this context, something which is technically difficult to achieve. A Scottish government proposal was that future adjustment to the block grant should be based on the “per capita index”, which takes into account the growth in tax receipts across the UK, not just Scotland. This is significant because Scotland's economy and population were not growing as fast as the UK's. However, the Treasury position was that this would be unfair to the rest of the UK.