# Scotland Act 1998

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Date of Commencement: See S.I. 1998/3178. See this legislation with any revisons at legislation.gov.uk .
Layout 2
Scotland Act 1998
CHAPTER 46
ARRANGEMENT OF SECTIONS
Part I The Scottish Parliament :
| The Scottish Parliament ||
| Section | |
| 1. | The Scottish Parliament. |
| General elections ||
| 2. | Ordinary general elections. |
| 3. | Extraordinary general elections. |
| 4. | Calculating time for meeting of the Parliament. |
| 5. | Candidates. |
| 6. | Poll for regional members. |
| 7. | Calculation of regional figures. |
| 8. | Allocation of seats to regional members. |
| Vacancies ||
| 9. | Constituency vacancies. |
| 10. | Regional vacancies. |
| Franchise and conduct of elections ||
| 11. | Electors. |
| 12. | Power to make provision about elections. |
| Duration of membership ||
| 13. | Term of office of members. |
| 14. | Resignation of members. |
| Disqualification ||
| 15. | Disqualification from membership of the Parliament. |
| 16. | Exceptions and relief from disqualification. |
| 17. | Effect of disqualification. |
| 18. | Judicial proceedings as to disqualification. ​ |
| Presiding Officer and administration ||
| 19. | Presiding Officer. |
| 20. | Clerk of the Parliament. |
| 21. | Scottish Parliamentary Corporate Body. |
| Proceedings etc. ||
| 22. | Standing orders. |
| 23. | Power to call for witnesses and documents. |
| 24. | Witnesses and documents: notice. |
| 25. | Witnesses and documents: offences. |
| 26. | Witnesses and documents: general. |
| 27. | Participation of the Scottish Law Officers. |
| Legislation ||
| 28. | Acts of the Scottish Parliament. |
| 29. | Legislative competence. |
| 30. | Legislative competence: supplementary. |
| 31. | Scrutiny of Bills before introduction. |
| 32. | Submission of Bills for Royal Assent. |
| 33. | Scrutiny of Bills by the Judicial Committee. |
| 34. | ECJ references. |
| 35. | Power to intervene in certain cases. |
| 36. | Stages of Bills. |
| Other provisions ||
| 37. | Acts of Union. |
| 38. | Letters Patent and proclamations. |
| 39. | Members' interests. |
| Legal issues ||
| 40. | Proceedings by or against the Parliament etc. |
| 41. | Defamatory statements. |
| 42. | Contempt of court. |
| 43. | Corrupt practices. |
| Part II The Scottish Administration ||
| Ministers and their staff ||
| 44. | The Scottish Executive. |
| 45. | The First Minister. |
| 46. | Choice of the First Minister. |
| 47. | Ministers. |
| 48. | The Scottish Law Officers. |
| 49. | Junior Scottish Ministers. |
| 50. | Validity of acts of Scottish Ministers etc. |
| 51. | The Civil Service. |
| Ministerial functions ||
| 52. | Exercise of functions. |
| 53. | General transfer of functions. |
| 54. | Devolved competence. ​ |
| 55. | Functions exercisable with agreement. |
| 56. | Shared powers. |
| 57. | Community law and Convention rights. |
| 58. | Power to prevent or require action. |
| Property and liabilities ||
| 59. | Property and liabilities of the Scottish Ministers. |
| 60. | Transfers to the Scottish Ministers. |
| 61. | Property and liabilities of the Lord Advocate and the First Minister. |
| 62. | Transfers to the Lord Advocate. |
| Transfer of additional functions ||
| 63. | Power to transfer functions. |
| Part III Financial Provisions ||
| 64. | Scottish Consolidated Fund. |
| 65. | Payments out of the Fund. |
| 66. | Borrowing by the Scottish Ministers etc. |
| 67. | Lending by the Secretary of State. |
| 68. | Borrowing by statutory bodies |
| 69. | The Auditor General for Scotland. |
| 70. | Financial control, accounts and audit. |
| 71. | Existing debt. |
| 72. | Accounts of loans to the Scottish Ministers. |
| Part IV The tax-varying power ||
| 73. | Power to fix basic rate for Scottish taxpayers. |
| 74. | Supplemental provision with respect to resolutions. |
| 75. | Scottish taxpayers. |
| 76. | Changes to income tax structure. |
| 77. | Accounting for additional Scottish tax. |
| 78. | Effect of tax reduction for Scottish taxpayers. |
| 79. | Supplemental powers to modify enactments. |
| 80. | Reimbursement of expenses. |
| Part V Miscellaneous and general ||
| Remuneration of members of the Parliament and Executive ||
| 81. | Remuneration of members of the Parliament and Executive. |
| 82. | Limits on salaries of members of the Parliament. |
| 83. | Remuneration: supplementary. |
| Other provision about members of the Parliament etc. ||
| 84. | Oaths. |
| 85. | Exemption from jury service. ​ |
| Arrangements at Westminster ||
| 86. | Scottish representation at Westminster. |
| 87. | The Advocate General for Scotland. |
| Cross-border public authorities ||
| 88. | Cross-border public authorities: initial status. |
| 89. | Power to adapt etc. cross-border public authorities. |
| 90. | Power to transfer property of cross-border public authorities. |
| Miscellaneous ||
| 91. | Maladministration. |
| 92. | Queen’s Printer for Scotland. |
| 93. | Agency arrangements. |
| 94. | Private legislation. |
| 95. | Appointment and removal of judges. |
| 96. | Provision of information to the Treasury. |
| 97. | Assistance for opposition parties. |
| Juridical ||
| 98. | Devolution issues. |
| 99. | Rights and liabilities of the Crown in different capacities. |
| 100. | Human rights. |
| 101. | Interpretation of Acts of the Scottish Parliament etc. |
| 102. | Powers of courts or tribunals to vary retrospective decisions. |
| 103. | The Judicial Committee. |
| Supplementary powers ||
| 104. | Power to make provision consequential on legislation of, or scrutinized by, the Parliament. |
| 105. | Power to make provision consequential on this Act. |
| 106. | Power to adapt functions. |
| 107. | Legislative power to remedy ultra vires acts. |
| 108. | Agreed redistribution of functions exercisable by the Scottish Ministers etc. |
| 109. | Agreed redistribution of property and liabilities. |
| 110. | Scottish taxpayers for social security purposes. |
| 111. | Regulation of Tweed and Esk fisheries. |
| Part VI Supplementary ||
| Subordinate legislation ||
| 112. | Subordinate legislation: general. |
| 113. | Subordinate legislation: scope of powers. |
| 114. | Subordinate legislation: particular provisions. |
| 115. | Subordinate legislation: procedure. |
| 116. | Transfer of property: supplementary. |
| General modification of enactments ||
| 117. | Ministers of the Crown. |
| 118. | Subordinate instruments. |
| 119. | Consolidated Fund etc. ​ |
| 120. | Accounts and audit. |
| 121. | Requirements to lay reports etc. before Parliament. |
| 122. | Crown land. |
| 123. | Stamp duty. |
| 124. | Modification of sections 94 and 117 to 122. |
| Amendments and repeals ||
| 125. | Amendments and repeals. |
| Final provisions ||
| 126. | Interpretation. |
| 127. | Index of defined expressions. |
| 128. | Expenses. |
| 129. | Transitional provisions etc. |
| 130. | Commencement. |
| 131. | Extent. |
| 132. | Short title. |
| | Schedules: |
| | Schedule 1—Constituencies, regions and regional members. |
| | Schedule 2—Scottish Parliamentary Corporate Body. |
| | Schedule 3—Standing orders–further provision. |
| | Schedule 4—Enactments etc. protected from modification. |
| | Part I—The protected provisions. |
| | Part II—General exceptions. |
| | Part III—Consequential modification of sections 53 and 54. |
| | Schedule 5—Reserved matters. |
| | Part I—General reservations. |
| | Part II—Specific reservations. |
| | Part III—General provisions. |
| | Schedule 6—Devolution issues. |
| | Part I—Preliminary. |
| | Part II—Proceedings in Scotland. |
| | Part III—Proceedings in England and Wales. |
| | Part IV—Proceedings in Northern Ireland. |
| | Part V—General. |
| | Schedule 7—Procedure for subordinate legislation. |
| | Schedule 8—Modifications of enactments. |
| | Schedule 9—Repeals. |
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