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:—
Constitutional arrangements
The Scottish Parliament and the Scottish Government
In the Scotland Act 1998 after Part 2 (the Scottish Administration) insert—
The Sewel convention
In section 28 of the Scotland Act 1998 (Acts of the Scottish Parliament) at the end add—
Elections etc
Section B3 of Part 2 of Schedule 5 to the Scotland Act 1998 (elections) is amended as follows.
Under the heading “B3 Elections” insert—.
For “, the European Parliament and the Parliament” substitute “ and the European Parliament ”.
Omit the words from “The franchise at local government elections” to the end of the Exceptions and insert—
In the Interpretation provision, omit the definitions of “Digital service” and “Ordinary local election” and insert— “ 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. ”
In section 15 of the Representation of the People Act 1985 (combination of polls) after subsection (5B) insert—
Section 2 of the Scotland Act 1998 (ordinary general elections) is amended as follows.
In subsection (2) for the words from “the day” to the end substitute—
After subsection (2) insert—
In subsection (3) after “May” insert “ , or on the day specified by an order under subsection (2B) ”.
In subsection (5) at the beginning insert “ Subject to subsection (2A), ”.
After subsection (5) insert—
Omit subsections (5A) to (5C).
In paragraph 1(2) of Schedule 7 (procedure for subordinate legislation) in the appropriate place insert—
Section 43 of the Representation of the People Act 1983 (day of ordinary local elections in Scotland, and other timing provisions) is amended as follows.
In subsection (1) at the beginning insert “ Subject to subsection (1AA), ”.
After subsection (1A) insert—
The Representation of the People Act 1983 is amended as follows.
In section 10ZC (registration of electors in Great Britain) at the end insert—
In section 10ZD (registration of electors in Great Britain: alterations) at the end insert—
In section 53 (power to make regulations about registration etc) at the end insert—
The Political Parties, Elections and Referendums Act 2000 is amended as follows.
After section 72 (campaign expenditure) insert—
After section 85 (controlled expenditure of third parties) insert—
After section 95 (control of donations to recognised third parties) insert—
Section 95ZA inserted by subsection (4) has effect—
until the coming into force of paragraph 1(2) of Schedule 3 to the Political Parties and Elections Act 2009, with the omission of subsection (1)(b) and “6A” in subsection (2);
until the coming into force of paragraph 4(2) of Schedule 4 to that Act, with the omission of subsection (1)(c) and “and 6B” in subsection (2).
Section 155 (power to vary specified sums or percentages) is amended as follows.
In subsection (1) at the beginning insert “ Except where subsection (1A) applies, ”.
After subsection (1) insert—
In subsection (2)—
for the words before paragraph (a) substitute “ An order under subsection (1) or (1A) may be made either— ”, and
in paragraph (a) for “he” substitute “ the person making the order ”.
After subsection (4) insert—
Section 156 (orders and regulations) is amended as follows.
After subsection (4A) insert—
In subsection (5) after each “Secretary of State” insert “ or the Scottish Ministers ”.
In the Interpretation and Legislative Reform (Scotland) Act 2010, in section 30(4) (other instruments laid before the Parliament: exceptions) after paragraph (f) insert—.
Schedule 1 to the Scotland Act 1998 is amended as follows.
For “the Boundary Commission for Scotland” in each place substitute “ the Local Government Boundary Commission for Scotland ”.
In paragraphs 3 to 7 for “the Secretary of State” in each place, and for “he” in paragraphs 3(9) and 6(1), substitute “ the Scottish Ministers ”.
In paragraphs 3 to 7 for—substitute “the Parliament”.
“each House of Parliament”, “either House of Parliament” or “the House” in each place, and
“Parliament” in all other places, except in paragraph 6(7),
In paragraph 3(4)—
before “under this paragraph” insert “ to the Scottish Ministers ”;
for “not later than 30 June 2010” substitute “ no earlier than 1 May 2018 and no later than 1 May 2022 ”.
In paragraph 3(6) omit “(but not before the submission of their first report)”.
Omit paragraph 3(11).
In paragraph 6(1) for “thinks” substitute “ think ”.
The Scotland Act 1998 (“the 1998 Act”) has effect, in relation to any function so far as exercisable within devolved competence by virtue of a provision of section 3, as if references to a “pre-commencement enactment” were to—but did not include the 1998 Act or this Act (or any amendment made by either of those Acts) or (subject to paragraph (c)) an enactment comprised in subordinate legislation under either of those Acts.
an Act passed before or in the same session as the relevant date,
any other enactment made before the relevant date,
subordinate legislation under section 106 of the 1998 Act, to the extent that the legislation states that it is to be treated as a pre-commencement enactment,
In this section—
expressions used in the 1998 Act have the same meaning as in that Act;
the relevant date is the date on which section 3 comes into force.
This section makes minor and consequential amendments in relation to elections and related matters.
The Scotland Act 1998 is amended as follows.
Omit sections 92(4A), 104(3) and 112(6) and paragraph 11(4) of Schedule 4 (functions under section 15 to be regarded as exercisable within devolved competence).
In Schedule 4, omit paragraph 4(2A) and (2B) (voting age), and (2C) (date of elections to the Parliament).
In Part 1 of Schedule 5, omit paragraph 5A (referendums).
The Scotland Act 1998 (Modification of Schedules 4 and 5 and Transfer of Functions to the Scottish Ministers) Order 2015 (S.I. 2015/692) and the Scotland Act 1998 (Modification of Schedules 4 and 5) Order 2015 (S.I. 2015/1764) are revoked.
Legislation by the Parliament
The Scotland Act 1998 is amended as follows.
Section 31 (scrutiny of Bills before introduction) is amended as follows.
In the heading for “before introduction” substitute “ for legislative competence and protected subject-matter ”.
After subsection (2) insert—
At the end insert—
After that section insert—
Section 32 (submission of Bills for Royal Assent) is amended as follows.
In subsection (2)(a) after “under section” insert “ 32A or ”.
After subsection (2) insert—
After that section insert—
Section 33 (scrutiny of Bills by the Supreme Court) is amended as follows.
In the heading after “Supreme Court” insert “ (legislative competence) ”.
In subsection (2)(b) omit “subsequent”.
In section 35(3) (power to intervene in certain cases)—
in paragraph (b) omit “subsequent”, and
in paragraph (c) after “section” insert “ 32A(2)(b) or ”.
Section 36 (stages of Bills) is amended as follows.
In subsection (4) after paragraph (a) insert—.
After that subsection insert—
In subsection (5) for “any Bill amended on reconsideration” substitute.
In subsection (6)—.
The Scotland Act 1998 is amended as follows.
In paragraph 4 of Schedule 4 (protection of Scotland Act 1998 from modification) for sub-paragraph (2) substitute—
In paragraph 1 of Schedule 7 (procedure for subordinate legislation) in the entry for section 97 for “Type A” substitute “ Type D ”.
Tax, borrowing and financial information
Income tax
Section 80C of the Scotland Act 1998 (power to set a Scottish rate for Scottish taxpayers) is amended as follows.
In subsection (1) (power to set Scottish rate) for the words from “the Scottish rate” to the end substitute “ 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)”.
For subsection (2) substitute—
Omit subsection (4).
In subsection (5) (Scottish rate to be a whole number or half a whole number)—
for “The” substitute “A”, and
at the end insert “, or zero”.
In the title for “rate” substitute “rates”.
Other provisions of Part 4A of the Scotland Act 1998 are amended as follows.
In section 80A(1)(a) (overview of Part 4A) after “rate” insert “or rates”.
Section 80G (supplemental powers to modify enactments) is amended as follows.
In subsection (1) (power to modify section 11A of the Income Tax Act 2007)—
in the words before paragraph (a) for “the Scottish basic, higher and additional” substitute “Scottish”, and
in paragraph (a) for “the rates provided for under the section” substitute “Scottish rates”.
In subsection (1A) (power to modify references to certain rates of income tax in relation to Scottish taxpayers) for the words after “enactment” substitute “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”.
In subsection (1B) (power to postpone effect of Scottish rate etc in relation to PAYE regulations) for paragraphs (a) and (b) substitute—.
In section 80HA(3)(b) (report by the Comptroller and Auditor General: meaning of “Scottish rate provisions”) for the words from “the Scottish basic rate” to the end substitute “a Scottish rate”.
This section comes into force on such day as the Treasury may by regulations appoint.
The amendments made by this section have effect in relation to the tax year appointed by the Treasury by regulations and subsequent tax years.
The tax year appointed under subsection (15) must begin on or after the day appointed under subsection (14).
Regulations under this section must be made by statutory instrument.
The Income Tax Act 2007 is amended as follows.
Section 6 (rates at which income tax is charged) is amended as follows.
In subsection (3) omit paragraph (za).
After that subsection insert—
Omit section 6A (the Scottish basic, higher and additional rates).
In section 10(4) for “the Scottish basic, higher and additional” substitute “ Scottish ”.
Section 11A (income charged at the Scottish basic, higher and additional rates) is amended as follows.
For subsections (1) to (3) substitute—
In subsection (6) for the words after “determining” substitute “ which part of a Scottish taxpayer's income consists of savings income ”.
In the title for “the Scottish basic, higher and additional” substitute “ Scottish ”.
In section 13 (income charged at dividend rates)—
in subsection (1)(b) omit “or the Scottish basic rate,”,
in subsection (2)(b) omit “or the Scottish higher rate,”,
in subsection (2A)(b) omit “or the Scottish additional rate,”,
in subsection (4) omit “or the Scottish basic, higher or additional rate”, and
after subsection (4) insert—
For section 16(1)(za) (purposes for which section 16 has effect in relation to income tax of a Scottish taxpayer) substitute—.
In section 989 (definitions for the purposes of the Income Tax Acts)—
omit the definitions of “Scottish additional rate” and “Scottish higher rate”,
in the definition of “Scottish basic rate”, for the words after “Scottish basic rate” substitute “ in relation to a tax year, means the Scottish basic rate set by a Scottish rate resolution for that year ”, and
at the appropriate place insert—, and.
In Schedule 4 (index of defined expressions)—
omit the entries relating to the Scottish additional rate and the Scottish higher rate,
in the entry relating to the Scottish basic rate for “6A (as applied by section 989)” substitute “ 989 ”,
at the appropriate place insert—
at the appropriate place insert—
The amendments made by this section—
come into force on the day appointed by the Treasury under section 13(14), and
have effect in relation to the tax year appointed by the Treasury under section 13(15) and subsequent tax years.
In section 110(2) of the Scotland Act 1998 (Scottish taxpayers: rates of income tax for social security purposes) for the words from “the Scottish basic rate” to “Scottish taxpayers” substitute “ a Scottish rate (within the meaning of the Income Tax Acts) ”.
Section 4 of the Taxation of Chargeable Gains Act 1992 (rates of capital gains tax) is amended as follows.
In subsections (4) and (5) omit “, the Scottish higher rate”.
At the end insert—
In section 4A(5) of that Act (section 4: special cases) omit “, the Scottish higher rate”.
paragraph 2(b);
paragraph 3;
paragraph 6(a) to (c) and (e);
paragraph 7;
paragraph 15(2) and (3);
paragraph 16(2) and (8).
The amendments made by this section—
come into force on the day appointed by the Treasury under section 13(14), and
have effect in relation to the tax year appointed by the Treasury under section 13(15) and subsequent tax years.
The Treasury may by regulations make—
Regulations under this section may amend, repeal, revoke or otherwise modify an enactment, whenever passed or made (including this Act).
The following are subject to any provision made by virtue of subsection (8)(b)—
subsection (7);
section 13(15);
section 14(15).
Regulations under this section must be made by statutory instrument.
A statutory instrument containing regulations under this section which includes provision amending or repealing a provision of an Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.
Any other statutory instrument containing regulations under this section, if made without a draft having been approved by a resolution of the House of Commons, is subject to annulment in pursuance of a resolution of the House of Commons.
In this section “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).
Value added tax
The Scotland Act 1998 is amended as follows.
In section 64 (Scottish Consolidated Fund), after subsection (2) insert—
After that section insert—
The Commissioners for Revenue and Customs Act 2005 is amended as follows.
In subsection (2) of section 18 (confidentiality: exceptions) omit “or” after paragraph (i), and after paragraph (j) insert
After that subsection insert—
In section 19 (wrongful disclosure) in subsections (1) and (8) after “18(1)” insert “ or (2A) ”.
Devolved taxes
In Part 4A of the Scotland Act 1998, after Chapter 4 insert—
Tax may not be charged in accordance with that provision on the carriage of passengers boarding aircraft before the date appointed under subsection (7).
Chapter 4 of Part 1 of The Finance Act 1994 (air passenger duty) is amended as follows.
In section 28(4) (a chargeable passenger is a passenger whose journey begins at an airport in the United Kingdom), for “the United Kingdom” substitute “ England, Wales or Northern Ireland ”.
In section 31(4B) (exception for passengers departing from airports in designated region of the United Kingdom) for “the United Kingdom” substitute “ England, Wales or Northern Ireland ”.
The Air Passenger Duty (Designated Region of the United Kingdom) Order 2001 (S.I. 2001/808) is revoked.
Subsections (3) to (6) have effect in relation to flights beginning on or after such date as the Treasury appoint by regulations made by statutory instrument.
In Part 4A of the Scotland Act 1998, after the Chapter 5 inserted by section 17 insert—
Tax may not be charged in accordance with that provision on commercial exploitation of aggregate which takes place before the date appointed under subsection (4).
In section 16(2) of the Finance Act 2001 (aggregates levy) for “the United Kingdom” substitute “ England, Wales or Northern Ireland ”.
Subsection (3) and Schedule 1 (further amendments relating to the disapplication of UK aggregates levy to Scotland) have effect in relation to commercial exploitation of aggregate which takes place on or after such date as the Treasury appoint in regulations made by statutory instrument.
In section 80A of the Scotland Act 1998 (overview of Part 4A), in subsection (1)(b), for “Chapters 3 and 4” substitute “ The remaining Chapters ”.
The Treasury may by regulations make further provision relating to—
the disapplication of air passenger duty in relation to flights beginning at airports in Scotland;
the disapplication of aggregates levy in relation to commercial exploitation of aggregate in Scotland.
The power conferred by subsection (2) includes power—
to amend, repeal, revoke or otherwise modify an enactment, whenever passed or made (including this Act).
Regulations under this section must be made by statutory instrument.
A statutory instrument containing regulations under this section which includes provision amending or repealing a provision of an Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.
Any other statutory instrument containing regulations under this section, if made without a draft having been approved by a resolution of the House of Commons, is subject to annulment in pursuance of a resolution of the House of Commons.
In this section “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).
Borrowing
The Scotland Act 1998 is amended as follows.
Section 66(1) (borrowing by the Scottish Ministers from the Secretary of State) is amended as follows.
At the end of paragraph (b) omit “and”.
In paragraph (c)—
after “devolved taxes,” omit “or”;
after “Scottish rate resolution,” insert “ or from amounts payable under section 64A, ”.
After paragraph (c) insert—
After that subsection insert—
In section 67A (lending for capital expenditure) in subsections (1) and (3) for “£2.2 billion” substitute “ £3 billion ”.
The Treasury may by regulations make transitional or saving provision in connection with the coming into force of the amendments made by this section.
Regulations under subsection (9) must be made by statutory instrument.
A statutory instrument containing regulations under subsection (9), if made without a draft having been approved by a resolution of the House of Commons, is subject to annulment in pursuance of a resolution of the House of Commons.
Information
The Scotland Act 1998 is amended as follows.
After section 96 (provision of information to the Treasury) insert—
In Schedule 7 (procedure for subordinate legislation), in paragraph 1(2) insert at the appropriate place—
Welfare benefits and employment support
Welfare benefits
In Part 2 of Schedule 5 to the Scotland Act 1998, Section F1 (social security schemes) is amended as follows.
In the Exceptions, before the paragraph beginning “The subject-matter of Part II of the Social Work (Scotland) Act 1968” insert—
In the Exceptions, at the beginning of the paragraph beginning “The subject-matter of Part II of the Social Work (Scotland) Act 1968” insert— “ Exception 3 ”.
In the Interpretation provision, after “local taxes.” insert—
In Part 2 of Schedule 5 to the Scotland Act 1998, Section F1 is amended as follows.
In the Exceptions, after exception 3 (see section 22(3) above) insert—
In the Exceptions, for the words from “But the following are not excepted” to “Act 2000 (discretionary housing payments).” substitute—
In the Interpretation provision, omit the words from “Paragraph 5(1) of Part 3 of this Schedule” to “it is to be treated as if it were.”
In section 138 of the Social Security Contributions and Benefits Act 1992 (payments out of the social fund) after subsection (4) insert—
In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions, after exception 4 (see section 23 above) insert—
In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions, after exception 5 (see section 24 above) insert—
In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions, for the words from “Providing occasional financial” to “unsettled way of life.” substitute—
In Part 2 of Schedule 5 to the Scotland Act 1998, Section F1 is amended as follows.
In the Exceptions, after exception 8 (see section 26 above) insert—
In the Interpretation provision, at the end insert— “ 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). ”
Omit Section J5 (welfare foods).
In the Social Security Act 1988, in section 13(2) (benefits under schemes for improving nutrition: consultation) omit “the Scottish Ministers and”.
The Scotland Act 1998 is amended as follows.
In Section F1 of Part 2 of Schedule 5, in the Exceptions, after exception 9 (see section 27 above) insert—
Schedule 4 (enactments etc protected from modification) is amended as follows.
In paragraph 2, at the end insert—
In paragraph 3, at the end insert—
A function of making regulations to which this section applies, so far as it is exercisable by the Secretary of State in or as regards Scotland, is exercisable by the Scottish Ministers concurrently with the Secretary of State.
This section applies to—
regulations under section 11(4) of the Welfare Reform Act 2012 (determination and calculation of housing cost element), so far as relating to any liability of a claimant in respect of accommodation which the claimant rents, and
regulations under section 5(1)(p) of the Social Security Administration Act 1992 (payments to another person on behalf of the beneficiary), so far as relating to the payment of an amount of universal credit in respect of any such liability.
For the purposes of this section—
a claimant “rents” accommodation if he or she is liable to make rent payments (with or without other payments) in respect of it, and
“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).
The Scottish Ministers may not exercise the function of making regulations to which this section applies unless they have consulted the Secretary of State about the practicability of implementing the regulations.
If—the Secretary of State may by regulations made by statutory instrument amend the regulations so that the change is to start to have effect from a time later than the time originally set.
the Scottish Ministers make regulations to which this section applies, and
the Secretary of State considers that it is not practicable to implement a change made by the regulations by the time that change is to start to have effect,
The altered time must be no later than the Secretary of State considers necessary, having regard to the practicability of implementing the change.
The Secretary of State may not exercise the function of making regulations to which this section applies in or as regards Scotland unless he or she has consulted the Scottish Ministers.
Where regulations are made by the Scottish Ministers by virtue of subsection (1)—
the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
A function of making regulations to which this section applies, so far as it is exercisable by the Secretary of State in or as regards Scotland, is exercisable by the Scottish Ministers concurrently with the Secretary of State.
This section applies to regulations under section 5(1)(i) of the Social Security Administration Act 1992, so far as relating to the person to whom, or the time when, universal credit is to be paid.
The Scottish Ministers may not exercise the function of making regulations to which this section applies unless they have consulted the Secretary of State about the practicability of implementing the regulations.
If—the Secretary of State may by regulations made by statutory instrument amend the regulations so that the change is to start to have effect from a time later than the time originally set.
the Scottish Ministers make regulations to which this section applies, and
the Secretary of State considers that it is not practicable to implement a change made by the regulations by the time that change is to start to have effect,
The altered time must be no later than the Secretary of State considers necessary, having regard to the practicability of implementing the change.
The Secretary of State may not exercise the function of making regulations to which this section applies in or as regards Scotland unless he or she has consulted the Scottish Ministers.
Where regulations are made by the Scottish Ministers by virtue of subsection (1)—
section 189(3) of the Social Security Administration Act 1992 does not apply, and
the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
Employment support
In Part 2 of Schedule 5 to the Scotland Act 1998, Section H3 (job search and support) is amended as follows.
For the heading “Exception” substitute “ Exceptions ”.
After that heading insert—
At the beginning of the existing exception which begins “The subject-matter of—” insert— “ Exception 2 ”.
The Scotland Act 1998 has effect as if section 56(1)(g) of that Act included a reference to section 17B of the Jobseekers Act 1995.
General
The Scotland Act 1998 (“the 1998 Act”) has effect, in relation to any function so far as exercisable within devolved competence by virtue of a provision of section 22, 23, 24, 25, 26, 27 or 31, as if references to a “pre-commencement enactment” were to—but did not include the 1998 Act or this Act (or any amendment made by either of those Acts) or, subject to paragraph (c), an enactment comprised in subordinate legislation under either of those Acts.
an Act passed before or in the same session as the relevant date,
any other enactment made before the relevant date,
subordinate legislation under section 106 of the 1998 Act, to the extent that the legislation states that it is to be treated as a pre-commencement enactment,
In this section—
expressions used in the 1998 Act have the same meaning as in that Act;
In section 53 of the 1998 Act (general transfer of functions), after subsection (3) insert—
Section 53 of the Scotland Act 1998 does not apply in relation to any function of a Minister of the Crown under the legislation relating to social security and industrial injuries advisory bodies.
Section 117 of that Act does not apply in relation to any reference to a Minister of the Crown in that legislation.
In this section—“the legislation relating to social security and industrial injuries advisory bodies” means any provision of sections 170 to 174 of, and Schedules 5 to 7 to, the Social Security Administration Act 1992 (Social Security Advisory Committee and Industrial Injuries Advisory Council);“Minister of the Crown” includes the Treasury.
Information held by the Secretary of State for the purpose of a social security function may be supplied by the Secretary of State to the Scottish Ministers for use for the purpose of a relevant Scottish social security function.
Where information is supplied to the Scottish Ministers under subsection (1) for use for any purpose, they may use it for any other purposes for which information held by them for that purpose may be used.
Information held by the Scottish Ministers for the purpose of a relevant Scottish social security function may be supplied by them to the Secretary of State for use for the purpose of a social security function.
Where information is supplied to the Secretary of State under subsection (3) for use for any purpose, the Secretary of State may use it for any other purposes for which information held by him or her for that purpose may be used.
In subsections (1) to (4)—
references to the Secretary of State include a person providing services to him or her;
references to the Scottish Ministers include a person providing services to them.
Information supplied under this section must not be supplied by the recipient of the information to any other person or body without—
the authority of the Secretary of State, in the case of information supplied under subsection (1);
the authority of the Scottish Ministers, in the case of information supplied under subsection (3).
In this section—“social security function” means a function of the Secretary of State relating to—social security, the investigation or prosecution of offences relating to tax credits, employment or training, war pensions, welfare foods, or any other prescribed matter;“relevant Scottish social security function” means—a function which is exercisable by the Scottish Ministers within devolved competence by virtue of any of the following provisions of Part 2 of Schedule 5 to the Scotland Act 1998—exceptions 1, 2, 4 to 8 and 10 in Section F1 (social security schemes), and exception 1 in Section H3 (job search and support); a function of the Scottish Ministers under or by virtue of—section 29 (universal credit: costs of claimants who rent accommodation), or section 30 (universal credit: persons to whom, and time when, paid); a function of the Scottish Ministers relating to welfare foods; any other prescribed function of the Scottish Ministers.
In subsection (7)—
the reference to a function being exercisable within devolved competence is to be read in accordance with section 54 of the Scotland Act 1998;
“war pensions” means schemes for the payment of pensions, grants, allowances, supplements or gratuities 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;
“prescribed” means prescribed by regulations made by the Secretary of State.
Regulations under this section must be made by statutory instrument.
A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Part 2 of Schedule 4 to the Social Security Administration Act 1992 is amended as follows.
After paragraph 1A insert—
In paragraph 3, omit “, the Scottish Administration”.
Other legislative competence
In Part 5 of the Scotland Act 1998, before the heading “Miscellaneous” insert—
Part 1 of Schedule 5 to the Scotland Act 1998 (general reservations) is amended as follows.
In sub-paragraph (3) of paragraph 2, after “Crown Estate” insert “ (that is, the property, rights and interests under the management of the Crown Estate Commissioners) ”.
After that sub-paragraph insert—
In paragraph 1(2) of Schedule 7 to that Act (procedure for subordinate legislation) in the appropriate place insert—
After paragraph 3 of that Schedule insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection (7) is subject to any provision made by Order in Council under subsection (9) or by any other enactment, including an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
Her Majesty may by Order in Council make such provision as She considers appropriate for or in connection with the exercise by the transferee under the scheme under section 90B of the Scotland Act 1998 (subject to subsections (5) to (8) of that section) of functions transferred by the scheme, including provision taking effect on or before the transfer date.
An Order in Council under subsection (9) may in particular—
establish a body, including a body that may be nominated under that section as the transferee;
amend, repeal, revoke or otherwise modify an enactment, an Act of the Scottish Parliament, or an instrument made under an enactment or Act of the Scottish Parliament.
The power to make an Order in Council under subsection (9) is exercisable by Scottish statutory instrument subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).
That power is to be regarded as being exercisable within devolved competence before the transfer date for the purposes of—
section 92(4)(c) of the Scotland Act 1998 (Queen's Printer for Scotland);
section 104(2)(c) of that Act (power to make provision consequential on legislation of, or scrutinised by, the Parliament);
paragraph 11(3)(c) of Schedule 4 to that Act (modification of enactments in relation to making of subordinate legislation).
In section 1(2) of the Civil List Act 1952 (payment of hereditary revenues into the Scottish Consolidated Fund) after “treasure trove” insert “ and from the property, rights and interests the management of which is transferred by the scheme under section 90B of the Scotland Act 1998 ”.
In Schedule 1 to the Crown Estate Act 1961, omit paragraph 1(3A) and (4A) (Commissioner with special responsibility for Scotland).
In the Scotland Act 2012, omit section 18.
Section L2 in Part 2 of Schedule 5 to the Scotland Act 1998 (equal opportunities) is amended as follows.
Omit the words from “, including the subject-matter of” to “1995”.
Under the heading “Exceptions”, at the end insert—
Under the heading “Interpretation”, at the appropriate places insert—
Under that heading, at the end insert— “ 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. ”
The Equality Act 2010 is amended as follows.
In section 152(3) (power to specify public authorities: consultation and consent), for the words after “must” substitute “ consult the Commission, and after making such an order they must inform a Minister of the Crown. ”
In the table in section 154(3) (power to impose specific duties: cross-border authorities) in the second column for the words “The Scottish Ministers must consult a Minister of the Crown before” in both places substitute “ The Scottish Ministers must inform a Minister of the Crown after ”.
Part 1 of the Equality Act 2010 (socio-economic inequalities) is amended as follows.
Section 1 (public sector duty) is amended as follows.
In subsection (2) for “by a Minister of the Crown” substitute “ in accordance with subsection (2A) ”.
After subsection (2) insert—
In subsections (7) and (9) omit “the Scottish Ministers or”.
In subsection (10) for “the Ministers” substitute “ the Welsh Ministers ”.
In subsection (11) for “section” substitute “ Part ”.
In section 216 of that Act (commencement) at the beginning of subsection (3) insert “ Subject to subsection (4), ” and after that subsection insert—
In the Interpretation and Legislative Reform (Scotland) Act 2010, in section 30(4) (other instruments laid before the Parliament: exceptions) after paragraph (i) insert—
In Part 3 of Schedule 5 to the Scotland Act 1998 (reserved matters: general provisions) after paragraph 2 insert—
In paragraph 1(2) of Schedule 7 to that Act (procedure for subordinate legislation) at the appropriate place insert—
Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals to which the Act applies) is amended as follows.
Before paragraph 9A insert—
In paragraph 34 (patents, designs and trademarks)—
the words from “the Comptroller-General” to the end become sub-paragraph (a), and
after that sub-paragraph insert—.
In section 14(1)(a) of that Act (restricted application of Act in relation to certain tribunals) after “paragraph” insert “ 9ZA, ”.
In Part 2 of Schedule 5 to the Scotland Act 1998, Section E1 (specific reservations: road transport) is amended as follows.
In the reservation relating to the subject-matter of certain enactments, for paragraph (c) (reservation of subject-matter of section 17 and other provisions of the Road Traffic Regulation Act 1984) substitute—.
In paragraph (d) of that reservation, after “the Road Traffic Act 1988” insert “ , except so far as relating to the parking of vehicles on roads, ”.
In the first exception relating to the Road Traffic Act 1988, after “sections” insert “ 36 (offence of failing to comply with traffic sign), ”.
At the end insert—
The Road Traffic Regulation Act 1984 is amended as follows.
In section 25(1) (Secretary of State to make pedestrian crossing regulations) for “Secretary of State” substitute “ national authority ”.
In section 64 (general provisions as to traffic signs)—
in subsections (1) and (2) for “Secretary of State” substitute “ national authority ”,
in subsection (1) for “Ministers acting jointly” substitute “ national authority ”,
omit subsections (2A) to (2C), and
omit subsections (7) and (8).
Section 65 (powers of traffic authorities as to placing of traffic signs) is amended as follows.
In subsection (1) omit “as may be given by the Ministers acting jointly”.
In subsections (1), (2), (3A)(ii) and (4) for “Secretary of State” substitute “ national authority ”.
In subsection (3) after “power” insert “ of the Secretary of State ”.
After that subsection insert—
In subsection (3A)(ii) after “prescribed” insert “ in regulations made by the national authority ”.
In section 69(3) (Secretary of State's directions for removal of traffic signs) for “Secretary of State” substitute “ national authority ”.
In section 70(1) (default powers of Secretary of State as to traffic signs)—
for “Secretary of State” substitute “ national authority ”,
omit “himself”,
omit “by him” in the first place,
for “him”, in the second place, substitute “ the national authority ”, and
after “the authority” insert “ that failed to comply with the direction ”.
In section 71(1) (power to enter land in connection with traffic signs) for “Secretary of State” substitute “ national authority ”.
In section 77 (modification of provisions relating to directions where Secretary of State is the traffic authority) for “Secretary of State”, in both places, substitute “ national authority ”.
Section 79 (advances by Secretary of State towards expenses of traffic signs) is amended as follows.
In subsection (1), for the words from “Secretary of State” to “Parliament,” substitute “ national authority may ”.
After subsection (1) insert—
In subsections (3) and (5) for “Secretary of State” substitute “ national authority ”.
In section 142(1) (general interpretation) at the appropriate place insert—.
The Road Traffic Act 1988 is amended as follows.
Section 36 (offence of failing to comply with traffic sign) is amended as follows.
In subsections (1)(b) and (3)(a) for “Secretary of State” substitute “ national authority ”.
In subsection (5) for the words from “Secretary of State for the Environment” to “jointly” substitute “ national authority ”.
After subsection (5) insert—
The Road Traffic Regulation Act 1984 is amended as follows.
Section 81 (speed limit for restricted roads) is amended as follows.
In subsection (2)—
for “Ministers acting jointly” substitute “ national authority ”, and
omit the words from “made” to “Parliament”.
After that subsection insert—
In section 82 (what roads are restricted roads)—
in subsection (1)(b) for “Secretary of State” substitute “ Scottish Ministers ”, and
in subsection (3) for “prescribed manner” substitute “ manner prescribed in regulations made by the national authority ”.
Section 83 (provisions as to directions by a traffic authority under section 82(2)) is amended as follows.
In subsection (1)—
for “Secretary of State”, in both places, substitute “ national authority ”, and
for “his” substitute “the national authority's”.
Section 84 (speed limits on roads other than restricted roads) is amended as follows.
In subsections (1A) and (1B) for “Secretary of State” substitute “ national authority ”.
Section 85 (traffic signs for indicating speed restrictions) is amended as follows.
In the following places, for “Secretary of State” substitute “ national authority ”
subsection (1),
subsection (2)(a) and (b),
subsection (3), and
subsection (5A).
In subsection (1) for “he” substitute “ the national authority ”.
In subsection (3)—
omit “himself”,
omit “by him” in the first place, and
for “him”, in the second place, substitute “ the national authority ”.
In subsection (5A) omit the words from “or, where” to “officer of the Scottish Ministers”.
In subsection (7) after “power” insert “ of the Secretary of State ”.
After subsection (7) insert—
In section 87 (exemption of emergency vehicles from speed limits) (as amended by section 19 of the Road Safety Act 2006)—
in paragraph (b) of subsection (1) for “prescribed purposes” substitute “ purposes prescribed by regulations made by the national authority ”,
in that paragraph after “may be” insert “ so ”,
in subsection (2)(a) for “this section” substitute “ subsection (3) ”,
in subsection (4) for “The regulations”, in the first place, substitute “ Regulations under subsection (3) ”,
in subsection (5) for “The regulations”, in the first place, substitute “ Regulations under subsection (3) ”, and
in subsection (6) for “The regulations” substitute “ Regulations under subsection (3) ”.
The Road Traffic Act 1988 is amended as follows.
Section 20 (parking on verges etc: definition of “heavy commercial vehicle”) is amended as follows.
In subsection (5) for “Secretary of State” substitute “ national authority ”.
At the end add—
Section 41 (regulation of construction, weight, equipment and use of vehicles) is amended as follows.
In subsection (1) for “Secretary of State” substitute “ national authority ”.
After subsection (2) insert—
Schedule 2 (roads: consequential and related provision) has effect.
The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) has effect in relation to the Road Traffic Regulation Act 1984 and the Road Traffic Act 1988 as if the amendments of those Acts by sections 41 and 42(1) to (16) and Schedule 2 were in force immediately before the commencement of the Order.
In Part 2 of Schedule 5 to the Scotland Act 1998, Section E2 (specific reservations: rail transport) is amended as follows.
Under the heading “Exceptions”, after the exception relating to the promotion and construction of railways insert— “ Policing of railways and railway property. ”
Under the heading “Interpretation”, after the definition of “railway” insert—
The following are cross-border public authorities for the purposes of the Scotland Act 1998 (“the 1998 Act”)—
the British Transport Police Authority;
the Chief Constable of the British Transport Police Force;
the deputy Chief Constable of the British Transport Police Force;
the assistant Chief Constables of the British Transport Police Force.
In relation to those cross-border public authorities the reference in section 88(3) of the 1998 Act to a pre-commencement enactment is to be read as a reference to the Railways and Transport Safety Act 2003.
Except as provided by subsection (2), the 1998 Act applies in relation to the cross-border public authorities mentioned in subsection (1) in the same way as it applies in relation to cross-border public authorities specified in an Order in Council under section 88(5) of the 1998 Act.
Section D2 in Part 2 of Schedule 5 to the Scotland Act 1998 (oil and gas) is amended as follows.
In the Exceptions, before “The manufacture of gas.” insert—
After the Exceptions insert—
The Petroleum Act 1998 is amended as follows.
Section 3 (licences to search and bore for and get petroleum) is amended as follows.
In subsection (1)—
for “Secretary of State” substitute “ appropriate Minister ”;
for “he” substitute “ the appropriate Minister ”.
In subsection (3) for “Secretary of State” in the second place substitute “ appropriate Minister ”.
Section 4 (licences: further provisions) is amended as follows.
In subsection (1) for “Secretary of State” substitute “ appropriate Minister ”.
After that subsection insert—
In subsection (3) for “Any such regulations” substitute “ Any regulations made by the Secretary of State ”.
After that subsection insert—
After subsection (4) insert—
In section 5(9) (existing licences) for “the Secretary of State” in each place substitute “ the appropriate Minister ”.
In section 5A (rights transferred without consent) for “Secretary of State” in each place substitute “ appropriate Minister ”.
In section 5B(1) (information) for “the Secretary of State” in each place substitute “ the appropriate Minister ”.
In section 7 (ancillary rights) in subsection (2)—
at the end of paragraph (b) omit “and”, and
at the end of paragraph (c) insert
In section 8 (power to inspect plans of mines) for “the Secretary of State” in each place substitute “ the appropriate Minister ”.
After section 8 insert—
In section 188(12) of the Energy Act 2004, in the substituted subsection (7A), before paragraph (a) insert—.
The Oil Taxation Act 1975 is amended as follows.
In section 12(1A)(a)(ii) (authorities that can revoke licences) after “OGA” insert “ , the Scottish Ministers ”.
In paragraph 1(2) of Schedule 1 (determination of oil fields)—
in paragraph (a) after “granted” insert “ by the OGA ”;
after paragraph (a) insert—.
The Petroleum (Production) (Landward Areas) Regulations 1995 are amended as follows.
In regulation 2 (interpretation) after the entry for “principal licence” insert—.
In regulation 3 (application of the regulations) at the beginning of paragraph (1) insert “ Subject to paragraph (1A), ”.
After that paragraph insert—
in any model clause, to the extent that, under Part 1 of the Petroleum Act 1998, it is incorporated, or has effect as if incorporated, in an existing licence, and
in any other provision of an existing licence.
In the case of an existing licence granted in respect of an area (“the licence area”) of which part only was within the Scottish onshore area at the time the licence was granted—
the Secretary of State may direct that it is to have effect as a licence in respect of an area comprising that part and a separate licence in respect of an area comprising the rest of the licence area, and
subsection (1) applies in relation to each of those licences as it applies in relation to the existing licence.
The power to make amendments under subsection (1)(a) is exercisable by regulations made by statutory instrument.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “existing licence” means a licence granted, before the commencement of section 47, under—in respect of an area all or part of which is within the Scottish onshore area, within the meaning given by Section D2 of Part 2 of Schedule 5 to the Scotland Act 1998.
section 3 of the Petroleum Act 1998, or
section 2 of the Petroleum (Production) Act 1934,
Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) is amended as follows.
In Section C7 (consumer protection)—
for the heading “Exception” substitute “ Exceptions ”;
after that heading insert— “ The provision of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office. ”
In Section C8 (product standards, safety and liability) after the heading “Exceptions” insert— “ The provision of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office. ”
In Section C9 (weights and measures) after the reservations insert—
In Section C11 (posts)—
for the heading “Exception” substitute “ Exceptions ”;
after that heading insert— “ 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. ”;
under the heading “Interpretation”, before “ “postal services”” insert “ “postal operator”, ”.
In Section D1 (electricity)—
for the heading “Exception” substitute “ Exceptions ”;
after the exception relating to the Environmental Protection Act 1990 insert— “ 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. ”
In Section D2 (oil and gas), at the end of the exceptions insert— “ 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. ”
In paragraph 3(2) of Part 3 of Schedule 5 to the Scotland Act 1998 (reserved bodies) at the end insert—
Section 8 of the Utilities Act 2000 (payments by licence holders relating to new arrangements) is amended as follows.
In subsection (2)—
after “payment by the licence holder of sums” insert “ — (a) ”;
at the end insert.
Omit—
subsection (3A)(bb) and (cb);
in subsection (3A)(f) the words “or Citizens Advice Scotland”;
in subsection (3B)(a) the words “(bb),” and “,(cb)”;
in subsection (3C) the words “or Citizens Advice Scotland, or by them jointly,”.
In subsection (9) after “(3A)” insert “ or to amounts mentioned in subsection (2)(b) ”.
Section 51 of the Postal Services Act 2011 (consumer protection conditions) is amended as follows.
At the end of subsection (2)(c) omit “and” and insert—.
In subsection (6) after “(2)(c)” insert “ , (ca) ”.
Omit—
in subsection (2)(c) the words “, Citizens Advice Scotland”;
in subsection (4) the words “, Citizens Advice Scotland”;
subsection (4)(d), (e) and (f);
in subsection (4A) the words “or Citizens Advice Scotland, or by them jointly,”.
The Scotland Act 1998 (“the 1998 Act”) has effect, in relation to any function so far as exercisable within devolved competence by virtue of a provision of section 50, as if references to a “pre-commencement enactment” were to—but did not include the 1998 Act or this Act (or any amendment made by either of those Acts) or, subject to paragraph (c), an enactment comprised in subordinate legislation under either of those Acts.
an Act passed before or in the same session as the relevant date,
any other enactment made before the relevant date,
subordinate legislation under section 106 of the 1998 Act, to the extent that the legislation states that it is to be treated as a pre-commencement enactment,
In this section—
expressions used in the 1998 Act have the same meaning as in that Act;
the relevant date is the date on which section 50 comes into force.
In Section B9 in Part 2 of Schedule 5 to the Scotland Act 1998 (betting, gaming and lotteries) at the end insert—
Section 172 of the Gambling Act 2005 (gaming machines) is amended as follows.
In subsection (11) for “Secretary of State” substitute “ appropriate Minister ”.
After that subsection insert—
In section 355 of that Act (regulations, orders and rules)—
in subsection (1) after “the Secretary of State” insert “ or the Scottish Ministers ”, and
for subsections (9) and (10) substitute—
The amendments made by this section do not apply in relation to a betting premises licence issued before this section comes into force.
In Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) omit Section J1 (abortion).
Other executive competence
In section 183A of the Broadcasting Act 1990 (membership of the Gaelic Media Service)—
in subsection (4) for “the Secretary of State and the Scottish Ministers” substitute “ the Scottish Ministers ”, and
in subsection (6)(b) for “the Secretary of State with the agreement of the Scottish Ministers” substitute “ the Scottish Ministers ”.
Schedule 8 to the Merchant Shipping Act 1995 (Commissioners of Northern Lighthouses) is amended as follows.
In paragraph 1(2) (the Commissioners), after paragraph (e) insert—
In paragraph 2(2) (elections by the Commissioners) for “five” substitute “ three ”.
After paragraph 4 insert—
In section 1 of the Coastguard Act 1925 (transfer of the coastguard to the Board of Trade), at the end insert—
In section 292 of the Merchant Shipping Act 1995 (general functions of the Secretary of State) after subsection (2) insert—
Section 25 of the Railways Act 1993 (public sector operators not to be franchisees) is amended as follows.
In the heading, at the beginning insert “ England and Wales: ”.
After subsection (2) insert—
This section does not have effect in relation to any invitation to tender under section 26(2) of the Railways Act 1993 issued before the day on which this section comes into force.
The Energy Act 2010 is amended as follows.
In section 9 (schemes for reducing fuel poverty) after subsection (1) insert—
After section 14 (regulations under Part 2: procedure) insert—
Section 31 (orders and regulations) is amended as follows.
After subsection (1) insert—
After subsection (4) insert—
In subsection (6) after “Regulations” insert “ made by the Secretary of State ”.
After subsection (6) insert—
Where an amendment made by this section imposes a requirement to consult or to obtain consent, the requirement may be satisfied by consultation undertaken or consent obtained before this section comes into force.
The Gas Act 1986 is amended as follows.
After section 33BC (promotion of reduction in carbon emissions) insert—
After section 33BD (promotion of reductions in home-heating costs) insert—
The Electricity Act 1989 is amended as follows.
After section 41A (promotion of reductions in carbon emissions) insert—
After section 41B (promotion of reductions in home-heating costs) insert—
Where an amendment made by this section imposes a requirement to consult or to obtain consent, the requirement may be satisfied by consultation undertaken or consent obtained before this section comes into force.
The Utilities Act 2000 is amended as follows.
Section 103 (overall carbon emissions reduction targets) is amended as follows.
After subsection (2) insert—
After subsection (3) insert—
Section 103A (overall home-heating cost reduction targets) is amended as follows.
After subsection (3) insert—
After subsection (4) insert—
Section 103B (power to require information) is amended as follows.
In the heading after “Secretary of State” insert “ and the Scottish Ministers ”.
In subsection (1) at the beginning insert “ Subject to subsection (1A), ” and after that subsection insert—
In subsection (2)—
after the first “Secretary of State” insert “ or the Scottish Ministers ”, and
after the second “Secretary of State” insert “ and the Scottish Ministers ”.
After subsection (6) insert—
In section 105 (general restrictions on disclosure of information), in subsection (3) after paragraph (a) insert—.
In the Scotland Act 1998 after section 90B (inserted by section 36) insert—
The Energy Act 2004 is amended as follows.
Section 95 (safety zones around renewable energy installations) is amended as follows.
For subsection (1A) substitute—
In subsections (2), (3) and (7) for “Secretary of State” in each place, substitute “ appropriate Minister ”.
After subsection (4) insert—
Section 96 (prohibited activities in safety zones) is amended as follows.
In subsection (1)(b) and (3)(b) for “Secretary of State” substitute “ appropriate Minister ”.
In subsection (8)—
after “section” insert
at the end insert
In section 105 (requirement to prepare decommissioning programmes) after subsection (1) insert—
In Chapter 3 (decommissioning of offshore installations), except in the provisions listed in subsection (11), for “Secretary of State” in each place substitute “ appropriate Minister ”.
The provisions not amended by subsection (10) are—
sections 105(5), 106(2), 107(2), 108(7) and 111(6) (consultation of the Scottish Ministers);
section 113(2) (proceedings in England and Wales or Northern Ireland).
In the provisions listed in subsection (11)(a) omit “wholly or”.
In section 111(7) (regulations about decommissioning)—
after “section” insert
at the end insert
In section 112(7) (duty to inform Secretary of State: regulations)—
after “section” insert
at the end insert
In section 114 (interpretation of Chapter 3) in subsection (2) before the definition of “decommissioning programme” insert—.
In section 192 (powers exercisable by statutory instrument) in subsection (4) after “Secretary of State” insert “ , the Scottish Ministers ”.
Schedule 16 (applications and proposals for notices under section 95) is amended as follows.
For “Secretary of State” in each place, except in paragraph 7, substitute “ appropriate Minister ”.
In paragraph 9—
after “Schedule” insert
at the end insert
In section 132(5) of the Enterprise Act 2002 (ministerial power to make references to Competition and Markets Authority: meaning of “appropriate Minister”)—
omit the “or” after paragraph (a), and
after paragraph (b) insert—
Miscellaneous
The Utilities Act 2000 is amended as follows.
In section 5 (annual and other reports of Authority)—
in subsection (5) omit “and” at the end of paragraph (a) and insert—, and
after subsection (5) insert—
After section 5 insert—
Section 1 of the Office of Communications Act 2002 (the Office of Communications) is amended as follows.
In subsection (3) after paragraph (a) insert—.
After subsection (3) insert—
In subsection (5) after “(3)(a)” insert “ , (aa) ”.
After subsection (10) insert—
The Schedule to the Office of Communications Act 2002 is amended as follows.
In paragraph 11(3) (accounts and audit)—
omit “and” at the end of paragraph (a), and
at the end of paragraph (b) insert
After paragraph 11(3) insert—
In paragraph 12 (annual report)—
in sub-paragraph (1) after “Secretary of State” insert “ and the Scottish Ministers ”, and
after sub-paragraph (3) insert—
In article 2(2) of the Public Appointments Order in Council 2014 (interpretation) in paragraph (a) of the definition of “appointing authority” after “as the case may be,” insert “ the Scottish Ministers, ”.
The Scotland Act 1998 is amended as follows.
After section 23 insert—
The Scotland Act 1998 is amended as follows.
After section 65 (payments out of the Scottish Consolidated Fund) insert—
In Schedule 7 (procedure for subordinate legislation), in paragraph 1(2) insert at the appropriate place—
General
Schedule 2 to the Interpretation and Legislative Reform (Scotland) Act 2010 (“the 2010 Act”) (Scottish statutory instruments: transitional and consequential provision) has effect in relation to any function so far as exercisable within devolved competence by virtue of a provision of section 3, 22, 23, 24, 25, 26, 27, 31 or 50, as if references to a “pre-commencement enactment” were to—
an Act passed before or in the same session as the relevant date,
any other enactment passed or made before the relevant date.
Schedule 3 to the 2010 Act (modification of pre-commencement enactments) has effect in relation to devolved subordinate legislation, where the function of making it is exercisable within devolved competence by virtue of a provision of section 3, 22, 23, 24, 25, 26, 27, 31 or 50, as if references to a “pre-commencement enactment” were to—
an Act passed before or in the same session as the relevant date,
any other enactment passed or made before the relevant date.
In this section—
“devolved subordinate legislation” and “enactment” have the same meaning as in Part 2 of the 2010 Act;
references to the exercise of a function being within devolved competence are to be read in accordance with section 54 of the Scotland Act 1998;
In section 60 of the Scotland Act 1998 (transfers to the Scottish Ministers), in subsection (3), after “this Act” insert “ or the Scotland Act 2016 ”.
Nothing in a provision of this Act affects the validity of anything done by or in relation to a Minister of the Crown before the provision comes into force.
Anything (including legal proceedings) which is in the process of being done by or in relation to a Minister of the Crown at the time when a provision of this Act comes into force may, so far as it relates to a function transferred to the Scottish Ministers by virtue of that provision, be continued by or in relation to the Scottish Ministers.
Anything done (or which has effect as if done) by or in relation to a Minister of the Crown—has effect as if done by or in relation to the Scottish Ministers, so far as that is required for continuing its effect.
which is in force when a provision of this Act comes into force, and
which was done for the purposes of or in connection with a function transferred by virtue of that provision,
This section applies subject to any provision made by regulations under section 71.
In this section “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.
The Secretary of State may by regulations make—as the Secretary of State considers appropriate.
such consequential provision in connection with any provision of Part 1, 3, 4, 5 or 6, or
such transitional or saving provision in connection with the coming into force of any provision of Part 1, 3, 4, 5 or 6,
Regulations under this section may amend, repeal, revoke or otherwise modify any of the following—
an enactment or an instrument made under an enactment;
a prerogative instrument;
any other instrument or document.
For the purposes of making provision in connection with, or with the coming into force of, a provision of Part 3, subsection (2) applies to an enactment, instrument or document whenever passed or made.
Otherwise, subsection (2) applies to—
an Act of Parliament passed before or in the same session as this Act;
an Act of the Scottish Parliament passed, or an instrument or document made, before the end of the session in which this Act is passed.
Regulations under this section may make—
different provision for different purposes or cases;
provision generally or for specific cases;
provision subject to exceptions;
provision for the delegation of functions;
transitional or saving provision.
Regulations under this section must be made by statutory instrument.
A statutory instrument containing regulations under this section which includes provision amending or repealing any provision of primary 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.
Any other statutory instrument containing regulations under this section, if made without a draft having been approved by a resolution of each House of Parliament, is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—“enactment”—includes an Act of the Scottish Parliament, and for the purposes of making provision in connection with, or with the coming into force of, a provision of Part 3, also includes a Measure or Act of the National Assembly for Wales and Northern Ireland legislation;“prerogative instrument” means an Order in Council, warrant, charter or other instrument made under the prerogative;“primary legislation” means—an Act of Parliament, an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales, and Northern Ireland legislation.
In Schedule 4 to the Scotland Act 1998 (enactments etc protected from modification), in paragraph 14, after “section 105” insert “ or under section 71 of the Scotland Act 2016 ”.
The following come into force on the day on which this Act is passed—
section 1;
this Part.
Part 2 comes into force at the end of 2 months beginning with the day on which this Act is passed, subject to the provision made by that Part.
The following provisions come into force on such day as the Secretary of State may appoint by regulations made by statutory instrument—
Part 3;
section 62;
section 65.
Regulations under subsection (4) or (5) may appoint different days for different purposes.
The other provisions of this Act come into force at the end of 2 months beginning with the day on which this Act is passed.
This Act may be cited as the Scotland Act 2016.
DISAPPLICATION OF UK AGGREGATES LEVY: FURTHER AMENDMENTS
Part 2 of The Finance Act 2001 (aggregates levy) is amended as follows.
Section 17 (meanings of “aggregate” and “taxable aggregate”) is amended as follows.
In subsection (5) (aggregate that has already been subjected to a charge) for “the United Kingdom” substitute “ England, Wales or Northern Ireland ”.
In subsection (7) (interpretation), in the definition of “highway”, omit “the Roads (Scotland) Act 1984 or”.
Section 19 (commercial exploitation) is amended as follows.
In subsection (5) (interpretation of references to the exploitation of aggregate in the United Kingdom) for “the United Kingdom”, in both places, substitute “ England, Wales or Northern Ireland ”.
In subsection (7)(a) (mixing of aggregate in permitted circumstances) for “the United Kingdom” substitute “ England, Wales or Northern Ireland ”.
In section 20(1)(a) (originating sites) for “the United Kingdom” substitute “ England, Wales or Northern Ireland ”.
Section 24 (levy register) is amended as follows.
In subsection (3) (taxable activity for the purposes of the register) for “the United Kingdom” substitute “England, Wales or Northern Ireland”.
In subsection (6)(e) (registration of premises for landing of aggregate won from seabed) for “the United Kingdom”, in the first place it occurs, substitute “ England, Wales or Northern Ireland ”.
In section 26(3) (offence of failing to provide security for levy) for “the United Kingdom” substitute “England, Wales or Northern Ireland”.
Section 30 (credit for aggregates levy) is amended as follows.
In subsection (1) (cases where provision for credit may be made)—
in paragraph (a) (export of aggregate) after “United Kingdom” insert “, from a place in England, Wales or Northern Ireland,”, and
after paragraph (a) insert—.
After subsection (5) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 4 (registration), in paragraph 8(2) (interpretation of references to taxable activity), for “the United Kingdom” substitute “England, Wales or Northern Ireland”.
In Schedule 6 (evasion etc), in paragraph 4(1)(a) (preparations for evasion), for “the United Kingdom” substitute “England, Wales or Northern Ireland”.
Schedule 7 (information and evidence etc) is amended as follows.
In paragraph 11(1) (power to take samples) for “the United Kingdom” substitute “England, Wales or Northern Ireland”.
In paragraph 15 (interpretation), in the definition of “connected activities” for “the United Kingdom” substitute “England, Wales or Northern Ireland”.
In Schedule 23 to the Finance Act 2011 (data-gathering powers of HMRC), in paragraph 25(a) (relevant data-holders in relation to aggregates levy), for “the United Kingdom” substitute “England, Wales or Northern Ireland”.
ROADS: CONSEQUENTIAL AND RELATED PROVISION
Amendments
Road Traffic Regulation Act 1984 (c. 52)
The Road Traffic Regulation Act 1984 is amended as follows.
In subsection (3)—
for “Secretary of State”, in both places, substitute “ national authority ”, and
in paragraph (b) for “that authority” substitute “ the authority that made the temporary order ”.
In subsection (4)—
for “Secretary of State” substitute “ national authority ”,
omit “himself”,
for “he” substitute “ the national authority ”, and
for “that authority” substitute “ the authority that made the temporary order ”.
In subsections (5), (6) and (7) for “Secretary of State”, in each place, substitute “ national authority ”.
In subsection (2) for “Secretary of State” substitute “ national authority ”.
In subsection (2A)—
for “Secretary of State” substitute “ national authority ”, and
for “he” substitute “ the national authority ”.
In section 17 (traffic regulation on special roads)—
omit subsection (3ZD), and
omit paragraph (b) of subsection (3A) (and the “and” before it).
In section 24 (Secretary of State to establish crossings on certain roads)—
for “Secretary of State” substitute “ national authority ”, and
for “he”, in both places, substitute “ the national authority ”.
for “Secretary of State” substitute “ national authority ”, and
for “him” substitute “ the national authority ”.
In section 28 (stopping of vehicles at school crossings) for “Secretary of State”, in each place, substitute “ national authority ”.
Section 86 (speed limits for particular classes of vehicles) is amended as follows.
For “national authority” in each place substitute “ relevant authority ”.
Omit subsection (9).
In section 88 (temporary speed limits) for “national authority” in each place substitute “ relevant authority ”.
In section 124(1) (purposes of Schedule 9 etc) in paragraphs (a) and (b) for “Secretary of State” substitute “ national authority ”.
Section 131 (application of road traffic enactments to Crown roads) is amended as follows.
For “Secretary of State”, in each place, substitute “ relevant authority ”,
In subsection (1) for “him” substitute “ the relevant authority ”.
In subsection (2)(b) for “him” substitute “ the relevant authority ”.
In subsection (2)(c) for “the authority”, in both places, substitute “ the appropriate Crown authority ”.
After subsection (7) insert—
Section 134 (regulations) is amended as follows.
In subsection (1)—
for “State,” substitute “ State or ”, and
omit “, or on the Ministers acting jointly,”.
In subsection (2)—
omit “82(1)(b),”,
omit “, or the Ministers acting jointly as the case may be,”, and
for “or they think” substitute “ thinks ”.
After subsection (3) insert—
After subsection (5) insert—
In section 142(1) (general interpretation) omit the definition of “the Ministers”.
Part 1 of Schedule 9 (reserve powers of Secretary of State in relation to certain orders) is amended as follows.
In the heading to the Part for “Secretary of State” substitute “ national authority ”.
In paragraph 1 (directions in relation to certain orders)—
for “Secretary of State” substitute “ national authority ”, and
after “give to that” insert “ authorised ”.
In paragraph 2(b) (directions prohibiting certain orders)—
after “prohibiting the” insert “ authorised ”, and
for “Secretary of State” substitute “ national authority ”.
In paragraph 3(1) (power of Secretary of State to make order instead of authorised authority)—
for “Secretary of State” substitute “ national authority ”, and
after “as well as by the” insert “ authorised ”.
In paragraph 4 (arrangements for making order of Secretary of State effective etc)—
for “Secretary of State” substitute “ national authority ”,
for “him”, in each place, substitute “ the national authority ”, and
for “he”, in each place, substitute “ the national authority ”.
In paragraph 6(1) (transfer of operation of parking place to local authority from Secretary of State)—
for “Secretary of State”, in each place, substitute “ national authority ”, and
in paragraph (b) for “he” substitute “ the national authority ”.
In paragraph 7 (variation or revocation of order by Secretary of State), in sub-paragraph (1)—
for “Secretary of State” substitute “ national authority ”, and
for “he” substitute “ national authority ”.
In paragraph 8 (matters as to which Secretary of State is to be satisfied before making order)—
for “Secretary of State” substitute “ national authority ”,
for “he” substitute “ the national authority ”,
for “him” substitute “ the national authority ”, and
after “discharged by the” insert “ authorised ”.
In paragraph 9 (circumstances in which paragraph 8 does not apply)—
for “Secretary of State” substitute “ national authority ”,
for “he”, in both places, substitute “ the national authority ”, and
for “him” substitute “ the national authority ”.
For paragraph 12A (disapplication of Article 2 of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999) substitute—
Part 2 of Schedule 9 (consent of Secretary of State to certain orders) is amended as follows.
In the heading to the Part for “Secretary of State” substitute “ national authority ”.
In paragraph 13(1) (cases where consent is required) for “Secretary of State”, in each place, substitute “ national authority ”.
Paragraph 15 (Secretary of State's power to add to or remove from orders for which consent is required) is amended as follows.
In sub-paragraph (1) after “authorities” insert “ in England and Wales ”.
After paragraph 15 insert—
Paragraph 16 (consent to order with modifications) is amended as follows.
In sub-paragraph (1)—
for “to him for his” substitute “ for ”,
after “Secretary of State” insert “ or the Scottish Ministers ”,
omit “to him”, in the second place, and
for “thinks” substitute “ or they think ”.
In sub-paragraph (2)—
for “Where” substitute “ Sub-paragraph (3) applies where ”,
for “proposes” substitute “ or the Scottish Ministers propose ”,
after “him”, in the first place, insert “ or them ”,
omit “to him”, in the second place,
for “he” substitute—, and
after “him”, in the third place, insert “ or them ”.
Paragraph 17 (general consent) is amended as follows.
In sub-paragraph (1)—
after “Secretary of State” insert “ or the Scottish Ministers ”, and
omit “his”.
In sub-paragraph (2) after “order” insert “ of the Secretary of State ”.
After sub-paragraph (2) insert—
In paragraph 18 (orders to be by statutory instrument) after “power” insert “ of the Secretary of State ”.
Part 3 of Schedule 9 (procedure as to certain orders) is amended as follows.
In paragraph 20(1) (consultation)—
for “to the Secretary of State for his” substitute “ for ”, and
omit “to the Secretary of State”, in the second place.
In paragraph 21 (regulations as to procedure for orders of local authorities)—
for “Secretary of State”, in each place, substitute “ national authority ”,
for “him”, in both places, substitute “ the national authority ”, and
for “he” substitute “ the national authority ”.
In paragraph 24 (regulations as to procedure for orders of Secretary of State etc)—
for “Secretary of State” substitute “ national authority ”,
in the words before paragraph (a) for “him” substitute “ the national authority ”,
in paragraph (b) for “he”, in both places, substitute “ the national authority ”, and
in the words after paragraph (b) after “or” insert “ , where the national authority is the Secretary of State, ”.
Paragraph 26 (objections to exercise of reserve power under paragraph 2) is amended as follows.
In sub-paragraph (1) for “Secretary of State” substitute “ national authority ”.
In sub-paragraph (2)—
for “Secretary of State” substitute “ national authority ”,
for “he” substitute “ the national authority ”, and
for “him” substitute “ the national authority ”.
Part 4 of Schedule 9 (variation or revocation of certain orders) is amended as follows.
In paragraph 28 (power to vary or revoke order not affected by related exercise of a reserve power) after “Secretary of State” insert “ or the Scottish Ministers ”.
In paragraph 29 (power to revoke an order under paragraph 7 not affected by paragraph 8)—
for “Secretary of State” substitute “ national authority ”, and
omit “by him”.
In Part 5 of Schedule 9 (consultation with traffic commissioners), in paragraph 32—
for “to the Secretary of State for his”, in the first place, substitute “ for ”, and
omit “to the Secretary of State for his consent”, in the second place.
Road Traffic Act 1988 (c. 52)
In section 195 of the Road Traffic Act 1988 (regulations) after subsection (4) insert—
Road Traffic (Temporary Restrictions) Procedure Regulations 1992 (S.I. 1992/1215)
The Road Traffic (Temporary Restrictions) Procedure Regulations 1992 are amended as follows.
In regulation 9(1) (continuation of order by direction of Secretary of State) for “Secretary of State” substitute “ national authority ”.
In regulation 15(5) (modification of regulation 9 in its application to Scotland) for “Secretary of State” substitute “ national authority ”.
Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (S.I. 1997/2400)
The Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 are amended as follows.
Part 1 (the Zebra, Pelican and Puffin Pedestrian Crossings Regulations) is amended as follows.
In regulation 3(1) (interpretation), in paragraph (a) of the definition of “crossing” for “Secretary of State” substitute “ national authority ”.
In paragraph 1(1)(c) of Schedule 1 (authorisation of steady light to illuminate zebra crossing globe) for “Secretary of State” substitute “ national authority ”.
Part 2 (the Pelican and Puffin Pedestrian Crossings General Directions 1997) is amended as follows.
In direction 9 (approval of equipment relating to crossings) for “Secretary of State”, in each place, substitute “ national authority ”.
In direction 10 (special directions)—
in the title omit “by the Secretary of State”, and
in the words that follow for “Secretary of State” substitute “ national authority ”.
National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)
In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999—
in paragraph (e)(i) of the entry relating to the Road Traffic Regulation Act 1984 for “ “the Ministers”” substitute “ “the national authority” ”, and
in paragraph (b) of the entry relating to the Road Traffic Act 1988 omit “for Wales”.
Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999 (S.I. 1999/1750)
The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999 is amended as follows.
In Schedule 1 (enactments conferring functions transferred to the Scottish Ministers) omit the entries relating to the following—
the Road Traffic Regulation Act 1984;
the Road Traffic (Temporary Restrictions) (Procedure) Regulations 1992;
the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997.
In Schedule 3 (enactments conferring functions to be exercised subject to agreement or consultation of Scottish Ministers) omit the entries relating to the following—
the Road Traffic Regulation Act 1984;
the Road Traffic Act 1988, section 36(5).
Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113)
The Traffic Signs Regulations and General Directions 2002 are amended as follows.
In Part 1 (the Traffic Signs Regulations 2002), in regulation 4 (interpretation), in the definition of “primary route” for “Secretary of State” substitute “ national authority ”.
Part 2 (the Traffic Signs General Directions) is amended as follows.
In the following directions for “Secretary of State”, in each place, substitute “ national authority ”
direction 7(3) (signs indicating effect of statutory prohibitions);
direction 28(a) (signs for migratory toad crossings);
direction 38(1) (temporary signs);
direction 39(6)(c) (signs for road censuses);
direction 57 (approvals relating to road studs);
direction 58 (supplementary provision relating to approval of road studs).
In direction 56 (approval of types of sign and signals)—
in paragraph (3)(a) for “Secretary of State or the Scottish Ministers” substitute “ national authority ”, and
in paragraphs (5) and (6) for “Secretary of State” substitute “ national authority ”.
Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2005 (S.I. 2005/849)
In the Schedule to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2005, in the entry relating to the Road Traffic Regulation Act 1984, omit paragraph (d) (Schedule 9).
Exercise of powers by agreement
Traffic Sign Powers
Sub-paragraph (2) applies if the Secretary of State makes a statutory instrument revoking the following instruments in relation to England and Wales—
the Zebra, Pelican and Puffin Pedestrian Crossing Regulations and General Directions 1997 (S.I. 1997/2400);
the Traffic Signs (Temporary Obstructions) Regulations 1997 (S.I. 1997/3053);
the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113).
Despite anything in section 41 or 42 or Part 1 of this Schedule, the Secretary of State may by that instrument exercise one or more of the traffic signs powers to make provision in relation to roads in Scotland (including provision revoking one or more of the instruments mentioned in sub-paragraph (1) in relation to Scotland), with the consent of the Scottish Ministers.
The traffic signs powers are—
the power to make regulations under section 25 of the Road Traffic Regulation Act 1984 (pedestrian crossings);
the power to make regulations under section 64 of that Act (traffic signs);
the power to give general directions under section 65(1) of that Act (placing of traffic signs);
the power to give general directions under section 85(2) of that Act (traffic signs for indicating speed restrictions);
the power to make regulations under section 36(5) of the Road Traffic Act 1988 (traffic signs: discretionary disqualification for failure to comply).
Powers to exempt from speed limits
Sub-paragraph (2) applies in relation to the first statutory instrument made by the Secretary of State containing regulations under section 87(1)(b) of the Road Traffic Regulation Act 1984 as substituted by section 19 of the Road Safety Act 2006 (exemptions from speed limits: prescribed purposes and circumstances) in relation to vehicles used on roads in England.
make any provision under section 87(1)(b) of the Road Traffic Regulation Act 1984 that could be made by the Scottish Ministers, and
in connection with any provision made by virtue of paragraph (a), make any provision under any of the traffic signs powers mentioned in paragraph 34(3) that could be made by the Scottish Ministers.