Overview

This bill makes several amendments to the Scotland Bill, primarily focusing on clarifying the legislative powers of the Scottish Parliament, improving the process for resolving legal disputes concerning devolution and EU/Convention rights, and establishing reporting requirements on the bill's implementation.

Description

The amendments significantly alter several clauses and add new ones. Key changes include:

• Clause 3 Amendment: Extends the application of certain powers granted to the Scottish Ministers.
• Clauses 7, 10, 12, 13, 17, and 27 Removal: These clauses are removed entirely.
• Clause 10 New Clause Insertion: This new clause ensures that provisions of the Scottish Parliament that become outside its legislative competence due to amendments to reserved matters or Schedule 4 of the 1998 Act will continue to have legal effect unless other legislation dictates otherwise. It also clarifies rules concerning subordinate legislation in this context.
• Clause 22 Amendment: Changes the title of "Scottish Crown Estate Commissioner" to "Crown Estate Commissioner with special responsibility for Scotland".
• Clause 25 Amendment: This amendment clarifies the legislative responsibilities for setting speed limits in Scotland and England and Wales, assigning them to the Scottish Ministers and Secretary of State, respectively. It also introduces the "affirmative procedure" for speed limit regulations in Scotland and requires consultation with relevant bodies before setting speed limits.
• Clause 26 Amendment: Removes a specific paragraph from a clause.
• New Clause (Reports on implementation): Requires both the UK Secretary of State and Scottish Ministers to produce annual reports on the implementation of this part of the Bill to their respective parliaments.
• New Clause (Advocate General's role in criminal proceedings): Grants the Advocate General for Scotland the right to participate in criminal proceedings relating to compatibility issues with the European Convention on Human Rights or EU law, and clarifies the process for referring such issues to higher courts (High Court or Supreme Court).
• New Clause (Time limits for appeals): Sets time limits for appeals on devolution issues in criminal proceedings.
• New Clause (Review of changes): Mandates a review of the changes to the Advocate General's role after three years, with potential for subsequent amendment by the Secretary of State.
• Schedule 2 Removal: This schedule is removed from the Bill.

Government Spending

The bill does not directly specify changes to government spending, but the added reporting requirements and potential legal challenges could have indirect budgetary implications in future years.

Groups Affected

• Scottish Parliament: The bill significantly impacts its legislative powers and responsibilities.
• Scottish Ministers: Their powers and reporting obligations are altered.
• UK Government/Secretary of State: Their responsibilities and reporting obligations are clarified and expanded, particularly concerning devolution and speed limits.
• Courts (High Court, Supreme Court): The amendment affects their roles in resolving legal disputes related to human rights, EU law and devolution.
• Advocate General for Scotland: Their role in criminal proceedings is significantly expanded.
• Individuals involved in criminal proceedings: Their rights and access to legal processes could be affected.

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