Overview

This bill amends the Scotland Bill, primarily focusing on clarifying legislative competence between the UK Parliament and the Scottish Parliament, particularly regarding the interpretation and application of devolved powers. It also introduces provisions relating to the role of the Advocate General in criminal proceedings concerning Convention rights and EU law, and mandates reporting on the implementation of certain parts of the bill.

Description

Legislative Competence

The amendments clarify how laws passed by the Scottish Parliament will be affected when changes are made to reserved matters or Schedule 4 of the Scotland Act 1998. It ensures that provisions of Acts of the Scottish Parliament that lose their legislative competence due to these alterations do not automatically cease to have effect unless a separate enactment states otherwise. This affects the interpretation and application of devolved powers.

Advocate General's Role in Criminal Proceedings

New clauses significantly expand the role of the Advocate General for Scotland in criminal proceedings involving compatibility issues with Convention rights or EU law. The Advocate General can participate as a party, and references can be made to the High Court or Supreme Court for determinations on compatibility.

Reporting Requirements

The bill mandates the Secretary of State and the Scottish Ministers to produce regular reports on the implementation and operation of specified parts of the amended Scotland Bill. These reports must cover various aspects, including progress toward commencement of provisions, assessments of operation, and the impact on payments to the Scottish Consolidated Fund.

Other Amendments

The bill also includes various other amendments, such as changes to the title of the Crown Estate Commissioner for Scotland and the amendment of section 86 regarding speed limits, granting the Scottish Ministers authority on this matter for Scotland.

Government Spending

The bill doesn't directly specify new government spending. However, the reporting requirements may lead to some administrative costs associated with preparing and submitting the mandated reports to Parliament. Specific financial figures are not provided in the bill text.

Groups Affected

• Scottish Parliament: The bill significantly affects the Scottish Parliament's legislative competence, potentially impacting the legal validity and ongoing operation of existing legislation.
• Scottish Ministers: Increased responsibilities for reporting and new powers over speed limits in Scotland.
• Advocate General for Scotland: Expanded role in criminal proceedings relating to Convention rights and EU law.
• Courts (in Scotland): New procedures for referring compatibility issues to the High Court and Supreme Court.
• Individuals involved in criminal proceedings (in Scotland): Potentially impacted by new processes for determining compatibility of laws with Convention rights or EU law.

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