Scotland Act 1998

Scotland Act 1998

1998 Chapter 46 - continued

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SCHEDULE 4

ENACTMENTS ETC. PROTECTED FROM MODIFICATION

PART I

THE PROTECTED PROVISIONS

Particular enactments

    1. - (1) An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, any of the following provisions.

    (2) The provisions are-

(a) Articles 4 and 6 of the Union with Scotland Act 1706 and of the Union with England Act 1707 so far as they relate to freedom of trade,

(b) the Private Legislation Procedure (Scotland) Act 1936,

(c) the following provisions of the European Communities Act 1972-
Section 1 and Schedule 1,
Section 2, other than subsection (2), the words following "such Community obligation" in subsection (3) and the words "subject to Schedule 2 to this Act" in subsection (4),
Section 3(1) and (2),
Section 11(2),

(d) paragraphs 5(3)(b) and 15(4)(b) of Schedule 32 to the Local Government, Planning and Land Act 1980 (designation of enterprise zones),

(e) sections 140A to 140G of the Social Security Administration Act 1992 (rent rebate and rent allowance subsidy and council tax benefit),

(f) the Human Rights Act 1998.

The law on reserved matters

    2. - (1) An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, the law on reserved matters.

    (2) In this paragraph, "the law on reserved matters" means-

(a) any enactment the subject-matter of which is a reserved matter and which is comprised in an Act of Parliament or subordinate legislation under an Act of Parliament, and

(b) any rule of law which is not contained in an enactment and the subject-matter of which is a reserved matter,

and in this sub-paragraph "Act of Parliament" does not include this Act.

    (3) Sub-paragraph (1) applies in relation to a rule of Scots private law or Scots criminal law (whether or not contained in an enactment) only to the extent that the rule in question is special to a reserved matter or the subject-matter of the rule is-

(a) interest on sums due in respect of taxes or excise duties and refunds of such taxes or duties, or

(b) the obligations, in relation to occupational or personal pension schemes, of the trustees or managers.

    (4) Sub-paragraph (3)(b) extends to cases where liabilities under orders made in matrimonial proceedings, or agreements made between the parties to a marriage, are to be satisfied out of assets of the scheme.

    3. - (1) Paragraph 2 does not apply to modifications which-

(a) are incidental to, or consequential on, provision made (whether by virtue of the Act in question or another enactment) which does not relate to reserved matters, and

(b) do not have a greater effect on reserved matters than is necessary to give effect to the purpose of the provision.

    (2) In determining for the purposes of sub-paragraph (1)(b) what is necessary to give effect to the purpose of a provision, any power to make laws other than the power of the Parliament is to be disregarded.

This Act

    4. - (1) An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, this Act.

    (2) This paragraph does not apply to modifying sections 1(4), 17(5), 19(7), 21(5), 24(2), 28(5), 39(7), 40 to 43, 50, 69(3), 85 and 93 and paragraphs 4(1) to (3) and 6(1) of Schedule 2.

    (3) This paragraph does not apply to modifying any provision of this Act (other than sections 64(7), 66(2), 71(7), 77, 78 and 119) which-

(a) charges any sum on the Scottish Consolidated Fund,

(b) requires any sum to be paid out of that Fund without further approval, or

(c) requires or authorises the payment of any sum into that Fund.

    (4) This paragraph does not apply to any modifications of Part III which are necessary or expedient for the purpose or in consequence of the establishment of a new fund, in addition to the Scottish Consolidated Fund, out of which loans may be made by the Scottish Ministers.

    (5) This paragraph does not apply to-

(a) modifying so much of any enactment as is modified by this Act,

(b) repealing so much of any provision of this Act as amends any enactment, if the provision ceases to have effect in consequence of any enactment comprised in or made under an Act of the Scottish Parliament.

Enactments modified by this Act

    5. An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify-

(a) the effect of section 119(3) in relation to any provision of an Act of Parliament relating to judicial salaries,

(b) so much of any enactment as-

(i) is amended by paragraph 2, 7 or 32 of Schedule 8, and

(ii) relates to the Advocate General,

(c) so much of any enactment as is amended by paragraph 9(b) or 29 of Schedule 8.

Shared powers

    6. An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, any enactment so far as the enactment relates to powers exercisable by a Minister of the Crown by virtue of section 56.

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Prepared 7 December 1998