Scotland Act 1998
Encyclopedia
The Scotland Act 1998 (1998 c. 46) is an Act
of the Parliament of the United Kingdom
. It is the Act which established the devolved Scottish Parliament
.
The Act will be amended by the Scotland Bill 2011
, if and when it receives royal assent
.
government in 1998 after the Scotland referendum, 1997
showed that Scotland was in favour of both of the set questions, firstly for the creation of a parliament
for Scotland
and secondly, that this parliament should have tax varying powers. The Act creates the Scottish Parliament
, sets out how Members of the Scottish Parliament are to be elected, makes some provision about the internal operation of the Parliament (although many issues are left for the Parliament itself to regulate) and sets out the process for the Parliament to consider and pass Bills which become Acts of the Scottish Parliament once they receive Royal Assent
. The Act specifically declares the continued power of the UK Parliament to legislate in respect of Scotland; thereby upholding the concept of Westminster's absolute Parliamentary sovereignty
.
The Act also provides for the creation of a 'Scottish Executive
' though one of the early actions of the SNP administration
that won power in the 2007 elections was to rebrand the Scottish Executive, as the group of Ministers and their civil servants had been known, as the Scottish Government. Despite the re-branding, the 'Scottish Executive' still uses the original description for a number of purposes (s.44 of the Scotland Act defines the nature of the body but does not use the words "shall be known as" with regard to a name as is the case with various other bodies whose names are thus fixed by statute). It consists of a First Minister
and other Ministers appointed by the Queen with the approval of the Parliament, including the Lord Advocate
and the Solicitor General for Scotland
.
The Act sets out the legislative competence of the Scottish Parliament. Rather than listing the matters over which the Scottish Parliament does control (devolved powers), it specifies the matters over which it does not (reserved matters). It further designates a list of statutes which are not amenable to amendment or repeal by the Parliament which includes the Human Rights Act 1998
and many provisions of the Scotland Act itself. Even when acting within its legislative competence, the Act further constrains the powers of the Parliament by inhibiting it from acting in a manner incompatible with the European Convention on Human Rights or European Community law. The same constraints apply to acts of the Scottish Executive.
The Act also sets up mechanisms to resolve disputes over questions about legislative competence of the Parliament and powers of the Executive. The ultimate appeal in such matters lies to the Supreme Court of the United Kingdom
(prior to 1 October 2009, the Judicial Committee of the Privy Council
). It also allows the powers of the Scottish Parliament and the Scottish Executive to be adjusted over time by agreement between both Parliaments by means of an Order in Council.
The Act was passed on 17 November 1998, and received royal assent
two days later on 19 November. The first elections were held in May 1999 and the Scottish Parliament and Executive assumed their full powers on 1 July 1999.
The Act was amended by the Scottish Parliament (Constituencies) Act 2004
to end the link between the number of MPs at Westminster and the number of constituency MSPs.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. It is the Act which established the devolved Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
.
The Act will be amended by the Scotland Bill 2011
Scotland Bill 2011
The Scotland Bill is a bill proposed by the Conservative-Liberal Democrat coalition UK Government, with broad support from the opposition Labour Party, setting out amendments to the Scotland Act 1998, with the aim of devolving further powers to Scotland....
, if and when it receives royal assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
.
History
The Act was introduced by the LabourLabour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
government in 1998 after the Scotland referendum, 1997
Scotland referendum, 1997
The Scottish devolution referendum of 1997 was a pre-legislative referendum held in Scotland on 11 September 1997 over whether there was support for the creation of a Scottish Parliament with devolved powers, and whether the Parliament should have tax-varying powers. The referendum was a Labour...
showed that Scotland was in favour of both of the set questions, firstly for the creation of a parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
for Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
and secondly, that this parliament should have tax varying powers. The Act creates the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
, sets out how Members of the Scottish Parliament are to be elected, makes some provision about the internal operation of the Parliament (although many issues are left for the Parliament itself to regulate) and sets out the process for the Parliament to consider and pass Bills which become Acts of the Scottish Parliament once they receive Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
. The Act specifically declares the continued power of the UK Parliament to legislate in respect of Scotland; thereby upholding the concept of Westminster's absolute Parliamentary sovereignty
Parliamentary sovereignty
Parliamentary sovereignty is a concept in the constitutional law of some parliamentary democracies. In the concept of parliamentary sovereignty, a legislative body has absolute sovereignty, meaning it is supreme to all other government institutions—including any executive or judicial bodies...
.
The Act also provides for the creation of a 'Scottish Executive
Scottish Executive
The Scottish Government is the executive arm of the devolved government of Scotland. It was established in 1999 as the Scottish Executive, from the extant Scottish Office, and the term Scottish Executive remains its legal name under the Scotland Act 1998...
' though one of the early actions of the SNP administration
Government of the 3rd Scottish Parliament
The Government of the 3rd Scottish Parliament was formed after the 2007 elections to the Scottish Parliament. The Scottish Government is headed by First Minister Alex Salmond.- First Salmond government :...
that won power in the 2007 elections was to rebrand the Scottish Executive, as the group of Ministers and their civil servants had been known, as the Scottish Government. Despite the re-branding, the 'Scottish Executive' still uses the original description for a number of purposes (s.44 of the Scotland Act defines the nature of the body but does not use the words "shall be known as" with regard to a name as is the case with various other bodies whose names are thus fixed by statute). It consists of a First Minister
First Minister of Scotland
The First Minister of Scotland is the political leader of Scotland and head of the Scottish Government. The First Minister chairs the Scottish Cabinet and is primarily responsible for the formulation, development and presentation of Scottish Government policy...
and other Ministers appointed by the Queen with the approval of the Parliament, including the Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
and the Solicitor General for Scotland
Solicitor General for Scotland
Her Majesty's Solicitor General for Scotland is one of the Law Officers of the Crown, and the deputy of the Lord Advocate, whose duty is to advise the Crown and the Scottish Government on Scots Law...
.
The Act sets out the legislative competence of the Scottish Parliament. Rather than listing the matters over which the Scottish Parliament does control (devolved powers), it specifies the matters over which it does not (reserved matters). It further designates a list of statutes which are not amenable to amendment or repeal by the Parliament which includes the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
and many provisions of the Scotland Act itself. Even when acting within its legislative competence, the Act further constrains the powers of the Parliament by inhibiting it from acting in a manner incompatible with the European Convention on Human Rights or European Community law. The same constraints apply to acts of the Scottish Executive.
The Act also sets up mechanisms to resolve disputes over questions about legislative competence of the Parliament and powers of the Executive. The ultimate appeal in such matters lies to the Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
(prior to 1 October 2009, the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
). It also allows the powers of the Scottish Parliament and the Scottish Executive to be adjusted over time by agreement between both Parliaments by means of an Order in Council.
The Act was passed on 17 November 1998, and received royal assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
two days later on 19 November. The first elections were held in May 1999 and the Scottish Parliament and Executive assumed their full powers on 1 July 1999.
The Act was amended by the Scottish Parliament (Constituencies) Act 2004
Scottish Parliament (Constituencies) Act 2004
The Scottish Parliament Act 2004 is an Act of the Parliament of the United Kingdom that amends the Scotland Act 1998 which established the Scottish Parliament....
to end the link between the number of MPs at Westminster and the number of constituency MSPs.
See also
- Government of Wales Act 1998Government of Wales Act 1998This is about the Act that set up the Welsh Assembly. For the newer Government of Wales Act 2006, see that article.The Government of Wales Act 1998 This is about the Act that set up the Welsh Assembly. For the newer Government of Wales Act 2006, see that article.The Government of Wales Act 1998...
- Scottish referendum bill 2010
- Kilbrandon CommissionRoyal Commission on the Constitution (United Kingdom)The Royal Commission on the Constitution, also referred to as the Kilbrandon Commission or Kilbrandon Report, was a long-running royal commission set up by Harold Wilson's Labour government to examine the structures of the constitution of the United Kingdom and the British Islands and the...
Further reading
- Walker, Graham. "Scotland, Northern Ireland, and Devolution, 1945–1979," Journal of British Studies Jan. 2010, Vol. 49, No. 1: 117-142.