Scotland Act 1998

Scotland Act 1998

1998 Chapter 46 - continued

GROUP AB, MISCELLANEOUS AND GENERAL - continued
Cross-border public authorities - continued

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Power to adapt etc. cross-border public authorities.     89. - (1) Her Majesty may by Order in Council make such provision in relation to a cross-border public authority as She considers necessary or expedient in consequence of this Act.

    (2) Such provision may, in particular, include provision-

(a) modifying any function of a cross-border public authority or of a Minister of the Crown in relation to such an authority,

(b) conferring any function on a cross-border public authority or on a Minister of the Crown or the Scottish Ministers in relation to such an authority,

(c) modifying the constitution of a cross-border public authority,

(d) modifying the application of section 56(4) or 88(1), (2) or (3),

(e) for any function to be exercisable by the Scottish Ministers instead of by a Minister of the Crown, or by the one concurrently with the other, or by both jointly or by either with the agreement of or after consultation with the other,

(f) apportioning any assets or liabilities,

(g) imposing, or enabling the imposition of, any limits or other restrictions in addition to or in substitution for existing limits or restrictions,

(h) providing for sums to be charged on or payable out of, or paid into, the Scottish Consolidated Fund (instead of or in addition to payments into or out of the Consolidated Fund or the National Loans Fund or out of money provided by Parliament),

(i) requiring payments, with or without interest, to a Minister of the Crown or into the Consolidated Fund or National Loans Fund.

    (3) No recommendation shall be made to Her Majesty in Council to make an Order under this section unless the cross-border public authority concerned has been consulted.

Power to transfer property of cross-border public authorities.     90. - (1) This section applies if an Act of the Scottish Parliament provides for any functions of a cross-border public authority to be no longer exercisable in or as regards Scotland.

    (2) Her Majesty may by Order in Council provide-

(a) for the transfer of any property to which this section applies, or

(b) for any person to have such rights or interests in relation to any property to which this section applies as Her Majesty considers appropriate (whether in connection with a transfer or otherwise).

    (3) This section applies to property belonging to the cross-border public authority concerned which appears to Her Majesty-

(a) to be held or used wholly or partly for or in connection with the exercise of any of the functions concerned, or

(b) not to be within paragraph (a) but, when last held or used for or in connection with the exercise of any function, to have been so held or used for or in connection with the exercise of any of the functions concerned.

    (4) Her Majesty may by Order in Council provide for the transfer of any liabilities-

(a) to which the cross-border public authority concerned is subject, and

(b) which appear to Her Majesty to have been incurred wholly or partly for or in connection with the exercise of any of the functions concerned.

    (5) No recommendation shall be made to Her Majesty in Council to make an Order under this section unless the cross-border public authority concerned has been consulted.

Miscellaneous

Maladministration.     91. - (1) The Parliament shall make provision for the investigation of relevant complaints made to its members in respect of any action taken by or on behalf of-

(a) a member of the Scottish Executive in the exercise of functions conferred on the Scottish Ministers, or

(b) any other office-holder in the Scottish Administration.

    (2) For the purposes of subsection (1), a complaint is a relevant complaint if it is a complaint of a kind which could be investigated under the Parliamentary Commissioner Act 1967 if it were made to a member of the House of Commons in respect of a government department or other authority to which that Act applies.

    (3) The Parliament may make provision for the investigation of complaints in respect of-

(a) any action taken by or on behalf of an office-holder in the Scottish Administration,

(b) any action taken by or on behalf of the Parliamentary corporation,

(c) any action taken by or on behalf of a Scottish public authority with mixed functions or no reserved functions, or

(d) any action concerning Scotland and not relating to reserved matters which is taken by or on behalf of a cross-border public authority.

    (4) In making provision of the kind required by subsection (1), the Parliament shall have regard (among other things) to the Act of 1967.

    (5) Sections 53 and 117 to 121 shall not apply in relation to functions conferred by or under the Act of 1967.

    (6) In this section-

"action" includes failure to act (and related expressions shall be read accordingly),

"provision" means provision by an Act of the Scottish Parliament;

and the references to the Act of 1967 are to that Act as it has effect on the commencement of this section.

Queen's Printer for Scotland.     92. - (1) There shall be a Queen's Printer for Scotland who shall-

(a) exercise the Queen's Printer functions in relation to Acts of the Scottish Parliament and subordinate legislation to which this section applies, and

(b) exercise any other functions conferred on her by this Act or any other enactment.

    (2) In subsection (1), "the Queen's Printer functions" means the printing functions in relation to Acts of Parliament and subordinate legislation of the Queen's Printer of Acts of Parliament.

    (3) The Queen's Printer for Scotland shall also on behalf of Her Majesty exercise Her rights and privileges in connection with-

(a) Crown copyright in Acts of the Scottish Parliament,

(b) Crown copyright in subordinate legislation to which this section applies,

(c) Crown copyright in any existing or future works (other than subordinate legislation) made in the exercise of a function which is exercisable by any office-holder in, or member of the staff of, the Scottish Administration (or would be so exercisable if the function had not ceased to exist),

(d) other copyright assigned to Her Majesty in works made in connection with the exercise of functions by any such office-holder or member.

    (4) This section applies to subordinate legislation made, confirmed or approved-

(a) by a member of the Scottish Executive,

(b) by a Scottish public authority with mixed functions or no reserved functions, or

(c) within devolved competence by a person other than a Minister of the Crown or such a member or authority.

    (5) The Queen's Printer of Acts of Parliament shall hold the office of Queen's Printer for Scotland.

    (6) References in this Act to a Scottish public authority include the Queen's Printer for Scotland.

Agency arrangements.     93. - (1) A Minister of the Crown may make arrangements for any of his specified functions to be exercised on his behalf by the Scottish Ministers; and the Scottish Ministers may make arrangements for any of their specified functions to be exercised on their behalf by a Minister of the Crown.

    (2) An arrangement under this section does not affect a person's responsibility for the exercise of his functions.

    (3) In this section-

"functions" does not include a function of making, confirming or approving subordinate legislation,

"Minister of the Crown" includes government department,

"specified" means specified in an Order in Council made by Her Majesty under this subsection;

and this section applies to the Lord Advocate as it applies to the Scottish Ministers.

Private legislation.     94. - (1) This section applies where a pre-commencement enactment makes provision which has the effect of-

(a) requiring any order to be confirmed by Act of Parliament, or

(b) requiring any order (within the meaning of the Statutory Orders (Special Procedure) Act 1945) to be subject to special parliamentary procedure,

and power to make, confirm or approve the order in question is exercisable by the Scottish Ministers by virtue of section 53.

    (2) The provision shall have effect, so far as it relates to the exercise of the power to make, confirm or approve the order by virtue of section 53, as if it required the order-

(a) to be confirmed by an Act of the Scottish Parliament, or

(b) (as the case may be) to be subject to such special procedure as may be provided by or under such an Act.

Appointment and removal of judges.     95. - (1) It shall continue to be for the Prime Minister to recommend to Her Majesty the appointment of a person as Lord President of the Court of Session or Lord Justice Clerk.

    (2) The Prime Minister shall not recommend to Her Majesty the appointment of any person who has not been nominated by the First Minister for such appointment.

    (3) Before nominating persons for such appointment the First Minister shall consult the Lord President and the Lord Justice Clerk (unless, in either case, the office is vacant).

    (4) It is for the First Minister, after consulting the Lord President, to recommend to Her Majesty the appointment of a person as-

(a) a judge of the Court of Session (other than the Lord President or the Lord Justice Clerk), or

(b) a sheriff principal or a sheriff.

    (5) The First Minister shall comply with any requirement in relation to-

(a) a nomination under subsection (2), or

(b) a recommendation under subsection (4),

imposed by virtue of any enactment.

    (6) A judge of the Court of Session and the Chairman of the Scottish Land Court may be removed from office only by Her Majesty; and any recommendation to Her Majesty for such removal shall be made by the First Minister.

    (7) The First Minister shall make such a recommendation if (and only if) the Parliament, on a motion made by the First Minister, resolves that such a recommendation should be made.

    (8) Provision shall be made for a tribunal constituted by the First Minister to investigate and report on whether a judge of the Court of Session or the Chairman of the Scottish Land Court is unfit for office by reason of inability, neglect of duty or misbehaviour and for the report to be laid before the Parliament.

    (9) Such provision shall include provision-

(a) for the constitution of the tribunal by the First Minister when requested by the Lord President to do so and in such other circumstances as the First Minister thinks fit, and

(b) for the appointment to chair the tribunal of a member of the Judicial Committee who holds or has held any of the offices referred to in section 103(2),

and may include provision for suspension from office.

    (10) The First Minister may make a motion under subsection (7) only if-

(a) he has received from a tribunal constituted in pursuance of subsection (8) a written report concluding that the person in question is unfit for office by reason of inability, neglect of duty or misbehaviour and giving reasons for that conclusion,

(b) where the person in question is the Lord President or the Lord Justice Clerk, he has consulted the Prime Minister, and

(c) he has complied with any other requirement imposed by virtue of any enactment.

    (11) In subsections (8) to (10)-

"provision" means provision by or under an Act of the Scottish Parliament,

"tribunal" means a tribunal of at least three persons.

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© Crown copyright 1998
Prepared 7 December 1998