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The Scotland
Scotland
Act 1998 (c. 46) is an Act of the Parliament
Parliament
of the United Kingdom
United Kingdom
which established the devolved Scottish Parliament
Scottish Parliament
with tax varying powers and the Scottish Government
Scottish Government
(then Scottish Executive). It was the most significant constitutional piece of UK legislation to be passed since the European Communities Act 1972 and is the most significant piece of legislation to affect Scotland
Scotland
since the Acts of Union in 1707 which ratified the Treaty of Union
Treaty of Union
and led to the disbandment of the Parliament
Parliament
of Scotland.

Contents

1 Content and history 2 Amendments to the Act 3 Footnotes 4 See also 5 Further reading 6 External links

Content and history[edit] The Act was introduced by the Labour government in 1998 after the Scotland
Scotland
referendum, 1997 showed that Scotland
Scotland
was in favour of both of the set questions, firstly for the creation of a parliament for Scotland
Scotland
and secondly, that this parliament should have tax varying powers.[3] The Act creates the Scottish Parliament, sets out how Members of the Scottish Parliament
Scottish Parliament
are to be elected,[4] makes some provision about the internal operation of the Parliament[5] (although many issues are left for the Parliament
Parliament
itself to regulate) and sets out the process for the Parliament
Parliament
to consider and pass Bills which become Acts of the Scottish Parliament
Scottish Parliament
once they receive royal assent.[6] The Act specifically declares the continued power of the UK Parliament
Parliament
to legislate in respect of Scotland;[7] thereby upholding the concept of Westminster's absolute Parliamentary sovereignty. The Act also provides for the creation of a 'Scottish Executive'[8] 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
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
Parliament
does control (devolved powers), it specifies the matters over which it does not (reserved matters).[9] It further designates a list of statutes which are not amenable to amendment or repeal by the Parliament[10] which includes the Human Rights Act 1998
Human Rights Act 1998
and many provisions of the Scotland
Scotland
Act itself. Even when acting within its legislative competence, the Act further constrains the powers of the Parliament
Parliament
by inhibiting it from acting in a manner incompatible with the European Convention on Human Rights or European Community
European Community
law.[11] The same constraints apply to acts of the Scottish Executive.[12] The Act grants the Secretary of State for Scotland
Secretary of State for Scotland
power to direct the Scottish Government
Scottish Government
not to take any action which he has reasonable grounds to believe "would be incompatible with any international obligations" or to act where he believes such action "is required for the purpose of giving effect to any such obligations".[13] The Act also sets up mechanisms to resolve disputes over questions about legislative competence of the Parliament
Parliament
and powers of the Executive. The ultimate appeal in such matters lies to the Supreme Court of the United Kingdom
United Kingdom
(prior to 1 October 2009, the Judicial Committee of the Privy Council).[14] It also allows the powers of the Scottish Parliament
Scottish Parliament
and the Scottish Executive to be adjusted over time by agreement between both Parliaments by means of an Order in Council.[15] The Act was passed on 17 November 1998,[16] and received royal assent two days later on 19 November.[17] The first elections were held in May 1999 and the Scottish Parliament
Scottish Parliament
and Executive assumed their full powers on 1 July 1999. Amendments to the Act[edit] The Act was amended by the Scottish Parliament
Scottish Parliament
(Constituencies) Act 2004 to end the link between the number of MPs at Westminster and the number of constituency MSPs. It was amended again in 2016 as a reaction to the 2014 Scottish Independence vote. The Wales Act 2014
Wales Act 2014
made amendments to Part 4A of the Scotland
Scotland
Act around the definition of a Scottish taxpayer, to ensure that an individual could not be a taxpayer in both countries in the same year.[18] The Act has been amended by:

Scottish Parliament
Scottish Parliament
(Constituencies) Act 2004 Constitutional Reform Act 2005 Scotland
Scotland
Act 2012 Wales
Wales
Act 2014 Scotland
Scotland
Act 2016

Footnotes[edit]

^ Section 130. ^ Scotland
Scotland
Act 1998 (Commencement) Order 1998 ^ Ritchie, Murray; Dinwoodie, Robbie (19 December 1997). "There shall be a Scottish Parliament
Scottish Parliament
Consensus". The Herald. Retrieved 17 January 2017.  ^ Sections 1 to 18. ^ Sections 19 to 27, 39 to 43. ^ Sections 28 to 36. ^ Section 28(7). ^ Section 44. ^ Schedule 5. ^ Schedule 4 ^ Section 29(2)(d). ^ Section 57(2). ^ Section 58 [1]. ^ Sections 32, 33, 103, and Schedule 6; and Constitutional Reform Act 2005, section 40 and Schedule 9 ^ Sections 30 and 63. ^ Final debate in House of Lords ^ Royal Assent signified ^ " Devolution
Devolution
of income tax in Wales". Chartered Institute of Payroll Professionals. 23 January 2015. Retrieved 22 April 2017. 

See also[edit]

Government of Wales
Wales
Act 1998 Scottish referendum bill 2010 Kilbrandon Commission

Further reading[edit]

Walker, Graham. "Scotland, Northern Ireland, and Devolution, 1945–1979," Journal of British Studies Jan. 2010, Vol. 49, No. 1: 117-142.

External links[edit]

Wikiversity has learning resources about Scotland
Scotland
Act 1998

browse legislation that exclusively or primarily applies to Scotland on legislation.gov.uk Scottish Parliament
Scottish Parliament
site Scottish Government
Scottish Government
site

v t e

United Kingdom
United Kingdom
legislation

Pre-Parliamentary legislation

List of English statutes Charter of Liberties Magna Carta

Acts of Parliament
Parliament
by states preceding the Kingdom of Great Britain

Parliament
Parliament
of England

to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706

Parliament
Parliament
of Scotland

to 1706

Acts of Parliament
Parliament
of the Kingdom of Great Britain

1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of the Parliament
Parliament
of Ireland

to 1700 1701–1800

Acts of Parliament of the United Kingdom
Parliament of the United Kingdom
of Great Britain and Ireland and the United Kingdom of Great Britain
Kingdom of Great Britain
and Northern Ireland

1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes Legislation.gov.uk Short titles

relating to the European Union

1972 to date

Church of England
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measures

List Church of England
Church of England
Assembly (Powers) Act 1919

Legislation of devolved institutions

Acts of the Scottish Parliament

List

Acts and Measures of the National Assembly for Wales

List

Acts of the Northern Ireland
Northern Ireland
Assembly Acts of the Parliament
Parliament
of Northern Ireland

Orders-in-Council / Orders in Council

Orders-in-Council

for Northern Ireland
Northern Ireland
(1972-2009)

Orders in Council for Northern Ireland

Secondary legislation

United Kingdom
United Kingdom
Statutory Instruments

various

Scottish Statutory Instruments

Acts of Sederunt Acts of Adjournal all others

v t e

Devolution
Devolution
in the United Kingdom

Devolved
Devolved
areas

National level

Northern Ireland Scotland Wales

Regional level (in England)

Combined authorities Directly elected mayoralties Greater London Authority

Referendums1

English mayoral referendums

London, 1998 2012

North East England

2004

Northern Ireland

1998

Scotland

1979 1997

Wales

1979 1997 2011

Heads of devolved governments

Metro mayors Directly elected mayors London (Mayor) Northern Ireland
Northern Ireland
(FM and dFM) Scotland
Scotland
(FM) Wales
Wales
(FM)

Devolved
Devolved
legislatures2

Northern Ireland
Northern Ireland
Assembly National Assembly for Wales Scottish Parliament

Devolved
Devolved
administrations3

Northern Ireland
Northern Ireland
Executive Scottish Government Welsh Government

Organisations and laws of the legislatures and governments of the UK and the devolved areas

Commissions (UK Parliament)

Kilbrandon Commission Holtham Commission Silk Commission McKay Commission

Commissions (devolved legislatures)

National Assembly for Wales

Richard Commission Holtham Commission

Scottish Parliament

Calman Commission Smith Commission

Referendum & Devolution
Devolution
acts

Greater London Authority
Greater London Authority
(Referendum) Act 1998 Greater London Authority
Greater London Authority
Acts

1999 2007

Northern Ireland
Northern Ireland
Acts

1998 2006

Referendums ( Scotland
Scotland
& Wales) Act 1997 Wales
Wales
Acts

1998 2006 2014 2017

Scotland
Scotland
Acts

1998 2012 2016

Select committees

Northern Ireland
Northern Ireland
Affairs Scottish Affairs Welsh Affairs

Grand committees

Legislative Grand Committee Northern Ireland Scottish Welsh

Departments and Territorial Offices
Territorial Offices
(MOJ)

Cabinet Office
Cabinet Office
- Devolution
Devolution
Secretariat Ministry of Justice - Devolution
Devolution
Directorate-General Office of the Advocate General for Scotland Northern Ireland
Northern Ireland
Office Scotland
Scotland
Office Wales
Wales
Office

Elections

London Northern Ireland Scotland Wales

Related articles

Current

Agreements/Treaties

Anglo-Irish Treaty Good Friday Agreement

Budget

Barnett formula Block grant

Constitution of the United Kingdom Reserved and excepted matters West Lothian question

Proposals

Cornwall

Cornish Assembly Cornish Constitutional Convention Mebyon Kernow Revived Cornish Stannary Parliament

Devolved
Devolved
English parliament

Campaign for an English Parliament

Northern England

Campaign for the North Yorkshire Party

Other parts of Southern England

Wessex Regionalist Party

Scotland

Full fiscal autonomy

Historical

Administrations of England

English Regional Assemblies, 1998-2010

Administrations of London

London County Council Greater London Council

Administrations of Northern Ireland

1922–72 1974

Legislatures of Northern Ireland

1922–72 1973–74 1982–86

Northern Ireland-related legislation of the UK Parliament

Ireland, 1886 Ireland, 1893 Ireland, 1914 Ireland, 1920 Irish Free State, 1922 Northern Ireland, 1974

Irish Home Rule movement Prime Minister of Northern Ireland Scotland
Scotland
Act 1978 Scottish Office Sunningdale Agreement Wales
Wales
Act 1978 Welsh Office

1. Rejected referendums are italicised. The others were fully or partially approved. 2. There is no law-making body for any regionally devolved area. 3. Administrations of regionally devolved areas are

.