The Scotland Act 1998

In May 1999, for the first time in just under 300 years, a Parliament sat in Edinburgh. 

Many of the legislative powers held by the Westminster Parliament have now been devolved to the Scottish Parliament.

The Scottish Parliament

A member is returned by simple majority from each constituency. There are 71 constituencies. The constituencies are the same as those for Westminster except Orkney and Shetland are one constituency not two. 

Regional members are returned by proportional representation. There are eight regional constituencies and these are the same as the constituencies for the European Parliament. Seven members come from each region. 

At the moment there are there 127 MSP's.

A new member must take an oath to the Queen and is exempt from jury service.

Elections are every four years on the first Thursday in May. Extraordinary general elections can be called where two thirds of MSP's vote for it. MSP's must register their financial interests. All statements made by members in Parliament are privileged and members cannot be sued for defamation for making them.

A presiding officer and two deputies ensure the efficient conduct and administration of the Parliament.

The parliament can require witness's to give evidence before it including the ordering of the production of documents.

The Lord Advocate and the Solicitor General are not members of Parliament but can participate in proceedings.

The Parliaments powers to legislate are restricted and limited to certain subject matters. It is expressly forbidden to legislate in matters reserved exclusively for Westminster (see reserved matters).

Reserved Matters

The  Scottish Parliaments powers are limited. There are a large number of areas reserved for Westminster. In other words the Scottish Parliament has now power to control them.

The list is extensive and contained in Schedule five of the Act. It includes: the Royal Family, the higher Courts in Scotland, Foreign affairs, Defence, the Civil service, Fiscal policy and the Bank of England, Financial services, National security, Business, Competition, Intellectual property, trade, consumer protection, Telecomm's, Energy, Transport, Social services, Employment, Health, Safety and Medicine, the Media and Outer Space.

The Scottish Executive

The Scottish Executive is made up of The First Minister, other ministers, the Lord Advocate and the Solicitor General (the law officers).

The First Minister is elected by the MSP's. The other ministers are appointed by The First Minister. The First Minister recommends the appointment of the two law officers to the Queen who formally appoints them.

The Scottish Ministers can appoint people as members of staff in the Scottish Administration (the Scottish Civil Service). This allows the appointment of political advisors and spin doctors to be paid for from the public purse.

Finance

A fund of money, the Scottish Consolidated Fund, is provided by Westminster to finance the Parliament and provide its budget. 

Ministers can borrow money from Westminster up to £500 Million. It is not possible to borrow from other sources.

Audited accounts of Scottish finances must be produced.

Parliament can vary the basic rat of Income tax in Scotland by plus or minus three percent. The current executive have stated that they will not use this power during the current Parliamentary term.

Where tax is raised the Inland revenue will pay the sums gathered into the Scottish Consolidated Fund. A reduction of tax will result in the fund being reduced in accordance to the sums lost to the Exchequer.

The Scottish Justiciary

The First Minister appoints all judges, sheriff principles and Sheriffs with the exception of Scotland's two senior judges, the Lord President and the Lord Justice Clerk. These two judges are appointed by the Prime Minister on the nomination of the First Minister. 

The First Minister on the recommendation of Parliament may have a judge removed for inability, neglect of duty or misbehavior.  

If such a decision is under consideration, an investigating tribunal must be formed who report to Parliament with there findings. No judges have ever been removed from office although the procedure for removing a judge prior to now was uncertain.

The removal of Sheriffs is governed by the Sheriff Courts Act 1971 and is similarly limited to, inability, neglect of duty or misbehavior.

Human Rights in Scotland

The Scottish Executive are bound by the European Convention on Human Rights. When the  comes into force in October 2000, it will also apply to Scotland. For a full explanation of the subject see also Human Rights in Scotland.