Any person to whom a notice under section 24(1) has been given who—
(a)
refuses
or fails to attend proceedings as required by the notice,
(b)
refuses
or fails, when attending proceedings as required by the notice,
to answer any question concerning the subjects specified in
the notice,
(c)
deliberately
alters, suppresses, conceals or destroys any document which
he is required to produce by the notice, or
(d)
refuses
or fails to produce any such document,
is
guilty of an offence.
(2)
Subsection
(1) is subject to sections 23(9) and (10) and 27(3).
(3)
It is a defence
for a person charged with an offence under subsection (1)(a),
(b) or (d) to prove that he had a reasonable excuse for the
refusal or failure.
(4)
A person
guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 5 on the standard scale
or to imprisonment for a period not exceeding three months.
(5)
Where an
offence under this section which has been committed by a body
corporate is proved to have been committed with the consent
or connivance of, or to be attributable to any neglect on the
part of—
(a)
a
director, manager, secretary or other similar officer of the
body corporate, or
(b)
any
person who was purporting to act in any such capacity,
he,
as well as the body corporate, is guilty of that offence and
liable to be proceeded against accordingly.
26-
Witnesses
and documents: general
(1)
The Presiding
Officer or such other person as may be authorised by standing
orders may—
(a)
administer
an oath to any person giving evidence in proceedings of the
Parliament, and
(b)
require
him to take the oath.
(2)
Any person
who refuses to take an oath when required to do so under subsection
(1)(b) is guilty of an offence.
(3)
Subsection
(4) of section 25 applies to an offence under subsection (2)
as it applies to an offence under that section.
(4)
Standing
orders may provide for the payment of allowances and expenses
to persons—
(a)
attending
proceedings of the Parliament to give evidence, or
(b)
producing
documents which they have been required or requested to produce,
whether
or not in pursuance of a notice under section 24(1).
(5)
For the purposes
of sections 23 to 25 and this section, a person shall be taken
to comply with a requirement to produce a document if he produces
a copy of, or an extract of the relevant part of, the document.
27-
Participation
of the Scottish Law Officers
(1)
If the Lord
Advocate or the Solicitor General for Scotland is not a member
of the Parliament—
(a)
he
may participate in the proceedings of the Parliament to the
extent permitted by standing orders, but may not vote, and
(b)
standing
orders may in other respects provide that they are to apply
to him as if he were such a member.
(2)
Subsection
(1) is without prejudice to section 39.
(3)
The Lord
Advocate or the Solicitor General for Scotland may, in any proceedings
of the Parliament, decline to answer any question or produce
any document relating to the operation of the system of criminal
prosecution in any particular case if he considers that answering
the question or producing the document—
(a)
might
prejudice criminal proceedings in that case, or
(b)
would
otherwise be contrary to the public interest.
Legislation
28-
Acts
of the Scottish Parliament
(1)
Subject to
section 29, the Parliament may make laws, to be known as Acts
of the Scottish Parliament.
(2)
Proposed
Acts of the Scottish Parliament shall be known as Bills; and
a Bill shall become an Act of the Scottish Parliament when it
has been passed by the Parliament and has received Royal Assent.
(3)
A Bill receives
Royal Assent at the beginning of the day on which Letters Patent
under the Scottish Seal signed with Her Majesty’s own
hand signifying Her Assent are recorded in the Register of the
Great Seal.
(4)
The date
of Royal Assent shall be written on the Act of the Scottish
Parliament by the Clerk, and shall form part of the Act.
(5)
The validity
of an Act of the Scottish Parliament is not affected by any
invalidity in the proceedings of the Parliament leading to its
enactment.
(6)
Every Act
of the Scottish Parliament shall be judicially noticed.
(7)
This section
does not affect the power of the Parliament of the United Kingdom
to make laws for Scotland.
29-
Legislative
competence
(1)
An Act of
the Scottish Parliament is not law so far as any provision of
the Act is outside the legislative competence of the Parliament.
(2)
A provision
is outside that competence so far as any of the following paragraphs
apply—
(a)
it
would form part of the law of a country or territory other than
Scotland, or confer or remove functions exercisable otherwise
than in or as regards Scotland,
(b)
it
relates to reserved matters,
(c)
it
is in breach of the restrictions in Schedule 4,
(d)
it
is incompatible with any of the Convention rights or with Community
law,
(e)
it
would remove the Lord Advocate from his position as head of
the systems of criminal prosecution and investigation of deaths
in Scotland.
(3)
For the purposes
of this section, the question whether a provision of an Act
of the Scottish Parliament relates to a reserved matter is to
be determined, subject to subsection (4), by reference to the
purpose of the provision, having regard (among other things)
to its effect in all the circumstances.
(4)
A provision
which—
(a)
would
otherwise not relate to reserved matters, but
(b)
makes
modifications of Scots private law, or Scots criminal law, as
it applies to reserved matters,
is
to be treated as relating to reserved matters unless the purpose
of the provision is to make the law in question apply consistently
to reserved matters and otherwise.
30-
Legislative
competence: supplementary
(1)
Schedule
5 (which defines reserved matters) shall have effect.
(2)
Her Majesty
may by Order in Council make any modifications of Schedule 4
or 5 which She considers necessary or expedient.
(3)
Her Majesty
may by Order in Council specify functions which are to be treated,
for such purposes of this Act as may be specified, as being,
or as not being, functions which are exercisable in or as regards
Scotland.
(4)
An Order
in Council under this section may also make such modifications
of—
(a)
any
enactment or prerogative instrument (including any enactment
comprised in or made under this Act), or
(b)
any
other instrument or document,
as
Her Majesty considers necessary or expedient in connection with
other provision made by the Order.
31-
Scrutiny
of Bills before introduction
(1)
A member
of the Scottish Executive in charge of a Bill shall, on or before
introduction of the Bill in the Parliament, state that in his
view the provisions of the Bill would be within the legislative
competence of the Parliament.
(2)
The Presiding
Officer shall, on or before the introduction of a Bill in the
Parliament, decide whether or not in his view the provisions
of the Bill would be within the legislative competence of the
Parliament and state his decision.
(3)
The form
of any statement, and the manner in which it is to be made,
shall be determined under standing orders, and standing orders
may provide for any statement to be published.
32-
Submission
of Bills for Royal Assent
(1)
It is for
the Presiding Officer to submit Bills for Royal Assent.
(2)
The Presiding
Officer shall not submit a Bill for Royal Assent at any time
when—
(a)
the
Advocate General, the Lord Advocate or the Attorney General
is entitled to make a reference in relation to the Bill under
section 33,
(b)
any
such reference has been made but has not been decided or otherwise
disposed of by the Judicial Committee, or
(c)
an
order may be made in relation to the Bill under section 35.
(3)
The Presiding
Officer shall not submit a Bill in its unamended form for Royal
Assent if—
(a)
the
Judicial Committee have decided that the Bill or any provision
of it would not be within the legislative competence of the
Parliament, or
(b)
a
reference made in relation to the Bill under section 33 has
been withdrawn following a request for withdrawal of the reference
under section 34(2)(b).
(4)
In this Act—
“Advocate
General” means the Advocate General for Scotland,
“Judicial
Committee” means the Judicial Committee of the Privy Council.
33-
Scrutiny
of Bills by the Judicial Committee
(1)
The Advocate
General, the Lord Advocate or the Attorney General may refer
the question of whether a Bill or any provision of a Bill would
be within the legislative competence of the Parliament to the
Judicial Committee for decision.
(2)
Subject to
subsection (3), he may make a reference in relation to a Bill
at any time during—
(a)
the
period of four weeks beginning with the passing of the Bill,
and
(b)
any
period of four weeks beginning with any subsequent approval
of the Bill in accordance with standing orders made by virtue
of section 36(5).
(3)
He shall
not make a reference in relation to a Bill if he has notified
the Presiding Officer that he does not intend to make a reference
in relation to the Bill, unless the Bill has been approved as
mentioned in subsection (2)(b) since the notification.
34-
ECJ
references
(1)
This section
applies where—
(a)
a
reference has been made in relation to a Bill under section
33,
(b)
a
reference for a preliminary ruling has been made by the Judicial
Committee in connection with that reference, and
(c)
neither
of those references has been decided or otherwise disposed of.
(2)
If the Parliament
resolves that it wishes to reconsider the Bill—
(a)
the
Presiding Officer shall notify the Advocate General, the Lord
Advocate and the Attorney General of that fact, and
(b)
the
person who made the reference in relation to the Bill under
section 33 shall request the withdrawal of the reference.
(3)
In this section
“a reference for a preliminary ruling” means a reference
of a question to the European Court under Article 177 of the
Treaty establishing the European Community, Article 41 of the
Treaty establishing the European Coal and Steel Community or
Article 150 of the Treaty establishing the European Atomic Energy
Community.
35-
Power
to intervene in certain cases
(1)
If a Bill
contains provisions—
(a)
which
the Secretary of State has reasonable grounds to believe would
be incompatible with any international obligations or the interests
of defence or national security, or
(b)
which
make modifications of the law as it applies to reserved matters
and which the Secretary of State has reasonable grounds to believe
would have an adverse effect on the operation of the law as
it applies to reserved matters,
he
may make an order prohibiting the Presiding Officer from submitting
the Bill for Royal Assent.
(2)
The order
must identify the Bill and the provisions in question and state
the reasons for making the order.
(3)
The order
may be made at any time during—
(a)
the
period of four weeks beginning with the passing of the Bill,
(b)
any
period of four weeks beginning with any subsequent approval
of the Bill in accordance with standing orders made by virtue
of section 36(5),
(c)
if
a reference is made in relation to the Bill under section 33,
the period of four weeks beginning with the reference being
decided or otherwise disposed of by the Judicial Committee.
(4)
The Secretary
of State shall not make an order in relation to a Bill if he
has notified the Presiding Officer that he does not intend to
do so, unless the Bill has been approved as mentioned in subsection
(3)(b) since the notification.
(5)
An order
in force under this section at a time when such approval is
given shall cease to have effect.
36-
Stages
of Bills
(1)
Standing
orders shall include provision—
(a)
for
general debate on a Bill with an opportunity for members to
vote on its general principles,
(b)
for
the consideration of, and an opportunity for members to vote
on, the details of a Bill, and
(c)
for
a final stage at which a Bill can be passed or rejected.
(2)
Subsection
(1) does not prevent standing orders making provision to enable
the Parliament to expedite proceedings in relation to a particular
Bill.
(3)
Standing
orders may make provision different from that required by subsection
(1) for the procedure applicable to Bills of any of the following
kinds—
(a)
Bills
which restate the law,
(b)
Bills
which repeal spent enactments,
(c)
private
Bills.
(4)
Standing
orders shall provide for an opportunity for the reconsideration
of a Bill after its passing if (and only if)—
(a)
the
Judicial Committee decide that the Bill or any provision of
it would not be within the legislative competence of the Parliament,
(b)
a
reference made in relation to the Bill under section 33 is withdrawn
following a request for withdrawal of the reference under section
34(2)(b), or
(c)
an
order is made in relation to the Bill under section 35.
(5)
Standing
orders shall, in particular, ensure that any Bill amended on
reconsideration is subject to a final stage at which it can
be approved or rejected.
(6)
References
in subsection (4), sections 28(2) and 38(1)(a) and paragraph
7 of Schedule 3 to the passing of a Bill shall, in the case
of a Bill which has been amended on reconsideration, be read
as references to the approval of the Bill.
Other
provisions
37-
Acts
of Union
The [1706
c. 11.] Union with Scotland Act 1706 and the [1707 c. 7(S).]
Union with England Act 1707 have effect subject to this Act.
38-
Letters
Patent and proclamations
(1)
The Keeper
of the Registers of Scotland shall record in the Register of
the Great Seal—
(a)
all
Letters Patent signed with Her Majesty’s own hand signifying
Her Assent to a Bill passed by the Parliament, and
(b)
all
royal proclamations under sections 2(5) and 3(2),
which
have passed under the Scottish Seal.
(2)
On recording
such Letters Patent he shall intimate the date of recording
to the Clerk.
(3)
Her Majesty
may by Order in Council make provision as to—
(a)
the
form and manner of preparation, and
(b)
the
publication,
of
such Letters Patent and proclamations.
(4)
If the First
Minister so directs, impressions with the same device as the
Scottish Seal shall be taken in such manner, of such size and
on such material as is specified in the direction.
(5)
Each such
impression—
(a)
shall
be known as a Wafer Scottish Seal, and
(b)
shall
be kept in accordance with directions of the First Minister.
(6)
If
a Wafer Scottish Seal has been applied to Letters Patent or
a proclamation mentioned in subsection (1), the document has
the same validity as if it had passed under the Scottish Seal.
39-
Members'
interests
(1)
Provision
shall be made for a register of interests of members of the
Parliament and for the register to be published and made available
for public inspection.
(2)
Provision
shall be made—
(a)
requiring
members of the Parliament to register in that register financial
interests (including benefits in kind), as defined for the purposes
of this paragraph,
(b)
requiring
that any member of the Parliament who has a financial interest
(including benefits in kind), as defined for the purposes of
this paragraph, in any matter declares that interest before
taking part in any proceedings of the Parliament relating to
that matter.
(3)
Provision
made in pursuance of subsection (2) shall include any provision
which the Parliament considers appropriate for preventing or
restricting the participation in proceedings of the Parliament
of a member with an interest defined for the purposes of subsection
(2)(a) or (b) in a matter to which the proceedings relate.
(4)
Provision
shall be made prohibiting a member of the Parliament from—
(a)
advocating
or initiating any cause or matter on behalf of any person, by
any means specified in the provision, in consideration of any
payment or benefit in kind of a description so specified, or
(b)
urging,
in consideration of any such payment or benefit in kind, any
other member of the Parliament to advocate or initiate any cause
or matter on behalf of any person by any such means.
(5)
Provision
made in pursuance of subsections (2) to (4) shall include any
provision which the Parliament considers appropriate for excluding
from proceedings of the Parliament any member who fails to comply
with, or contravenes, any provision made in pursuance of those
subsections.
(6)
Any member
of the Parliament who—
(a)
takes
part in any proceedings of the Parliament without having complied
with, or in contravention of, any provision made in pursuance
of subsection (2) or (3), or
(b)
contravenes
any provision made in pursuance of subsection (4),
is
guilty of an offence.
(7)
A person
guilty of an offence under subsection (6) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(8)
In this section—
(a)
“provision”
means provision made by or under an Act of the Scottish Parliament,
(b)
references
to members of the Parliament include references to the Lord
Advocate and the Solicitor General for Scotland, whether or
not they are such members.
Legal
issues
40-
Proceedings
by or against the Parliament etc
(1)
Proceedings
by or against the Parliament shall be instituted by or (as the
case may be) against the Parliamentary corporation on behalf
of the Parliament.
(2)
Proceedings
by or against—
(a)
the
Presiding Officer or a deputy, or
(b)
any
member of the staff of the Parliament,
shall
be instituted by or (as the case may be) against the corporation
on his behalf.
(3)
In any proceedings
against the Parliament, the court shall not make an order for
suspension, interdict, reduction or specific performance (or
other like order) but may instead make a declarator.
(4)
In any proceedings
against—
(a)
any
member of the Parliament,
(b)
the
Presiding Officer or a deputy,
(c)
any
member of the staff of the Parliament, or
(d)
the
Parliamentary corporation,
the
court shall not make an order for suspension, interdict, reduction
or specific performance (or other like order) if the effect
of doing so would be to give any relief against the Parliament
which could not have been given in proceedings against the Parliament.
(5)
References
in this section to an order include an interim order.
41-
Defamatory
statements
(1)
For the purposes
of the law of defamation—
(a)
any
statement made in proceedings of the Parliament, and
(b)
the
publication under the authority of the Parliament of any statement,
shall
be absolutely privileged.
(2)
In subsection
(1), “statement” has the same meaning as in the
[1996 c. 31.] Defamation Act 1996.
42-
Contempt
of court
(1)
The strict
liability rule shall not apply in relation to any publication—
(a)
made
in proceedings of the Parliament in relation to a Bill or subordinate
legislation, or
(b)
to
the extent that it consists of a fair and accurate report of
such proceedings made in good faith.
(2)
In subsection
(1), “the strict liability rule” and “publication”
have the same meanings as in the [1981 c. 49.] Contempt of Court
Act 1981.
43-
Corrupt
practices
The Parliament
shall be a public body for the purposes of the Prevention of
Corruption Acts 1889 to 1916.
