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Scotland Act 1998 Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Scotland Act 1998. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Scotland Act 1998 1998 CHAPTER 46 An Act to provide for the establishment of a Scottish Parliament and Administration and other changes in the government of Scotland; to provide for changes in the constitution and functions of certain public authorities; to provide for the variation of the basic rate of income tax in relation to income of Scottish taxpayers in accordance with a resolution of the Scottish Parliament; to amend the law about parliamentary constituencies in Scotland; and for connected purposes. [19th November 1998] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Annotations: Modifications etc. (not altering text) C1 Act modified (30.6.1999) by 1999 c. 8, s. 66(1) Act modified (E.W.S.) (30.6.1999) by 1999 c. 9, s. 14(3) C2 Act extended (16.10.2000) by 1999 c. 18, s. 16(2); S.I. 2000/2821, art. 2 C3 Act extended (27.7.1999) by 1999 c. 23, s. 68(2) C4 Act extended (1.4.2000) by 1999 c. 28, s. 18(2) (with s. 38) Act extended (1.4.2000) by 1999 c. 28, s. 35(1) (with s. 38); S.I. 2000/1066, art. 2 C5 Act amended (11.11.1999) by 1999 c. 30, s. 91(4) C6 Act amended (E.W.S.) (10.3.1999) by 1999 c. 3, s. 21(4) C7 Act modified (27.7.1999) by 1999 c. 22, s. 109(7) (with s. 107, Sch. 14 para. 7(2)) C8 Act modified (27.7.1999) by 1999 c. 24, s. 5(3) Act modified (25.8.2000) by 2000 c. 6, ss. 167(5), 168(1) Act modified (20.7.2000) by 2000 c. 12, s. 19(1)(3) Act modified by 1976 c. 74, s. 71B(1) (as substituted (2.4.2001) by 2000 c. 34, s. 2(1) (with s. 10(5))); S.I. 2001/566, art. 2(1) Act modified (30.11.2000 for specified purposes and otherwise 16.2.2001) by 2000 c. 41, ss. 133(2), 163(2)(3)(d) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. I Pt. I Act modified (E.W.) (30.11.2000) by 2000 c. 43, s. 81(6) 2 Scotland Act 1998 (c. 46) Part I – The Scottish Parliament Document Generated: 2014-04-02 Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Scotland Act 1998. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Act modified (8.1.2001 for E.W.N.I. and 1.8.2003 to the extent, if any, that s. 7(2) of the amending Act is not in force already for S. at Royal Assent (30.11.2000)) by 2000 c. 44, s. 7(2)(3); S.I. 2000/3303, art. 2; S.I. 2003/1935, art. 2 C9 Act modified (E.W.S. and, in so far as relating to importation, N.I.) (31.3.2002) by The Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002 (S.I. 2002/528), reg. 2(3) C10 Act modified (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 278(1), 279, Sch. 25 para. 2(3); S.I. 2003/1397, art. 2(1), Sch. C11 Act modified (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 278(1), 279, Sch. 25 para. 10(10); S.I. 2003/1397, art. 2(1), Sch. C12 Act modified (20.11.2003) by Sexual Offences Act 2003 (c. 42), ss. 141(1), 142(6) C13 Act modified (7.6.2005) by International Organisations Act 2005 (c. 20), ss. 10, 11(3) C14 Act modified (1.10.2009) by The Judiciary and Courts (Scotland) Act 2008 (Consequential Provisions and Modifications) Order 2009 (S.I. 2009/2231), arts. 1(2), 3; S.S.I. 2009/318, art. 2, Sch. PART I THE SCOTTISH PARLIAMENT The Scottish Parliament 1 The Scottish Parliament. (1) There shall be a Scottish Parliament. (2) One member of the Parliament shall be returned for each constituency (under the simple majority system) at an election held in the constituency. (3) Members of the Parliament for each region shall be returned at a general election under the additional member system of proportional representation provided for in this Part and vacancies among such members shall be filled in accordance with this Part. (4) The validity of any proceedings of the Parliament is not affected by any vacancy in its membership. (5) Schedule 1 (which makes provision for the constituencies and regions for the purposes of this Act and the number of regional members) shall have effect. General elections 2 Ordinary general elections. (1) The day on which the poll at the first ordinary general election for membership of the Parliament shall be held, and the day, time and place for the meeting of the Parliament following that poll, shall be appointed by order made by the Secretary of State. (2) The poll at subsequent ordinary general elections shall be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary general election was held, unless the day of the poll is determined by a proclamation under subsection (5). (3) If the poll is to be held on the first Thursday in May, the Parliament— Scotland Act 1998 (c. 46) 3 Part I – The Scottish Parliament Document Generated: 2014-04-02 Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Scotland Act 1998. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (a) is dissolved by virtue of this section at the beginning of the minimum period which ends with that day, and (b) shall meet within the period of seven days beginning immediately after the day of the poll. (4) In subsection (3), “the minimum period” means the period determined in accordance with an order under section 12(1). (5) If the Presiding Officer proposes a day for the holding of the poll which is not more than one month earlier, nor more than one month later, than the first Thursday in May, Her Majesty may by proclamation under the Scottish Seal— (a) dissolve the Parliament, (b) require the poll at the election to be held on the day proposed, and (c) require the Parliament to meet within the period of seven days beginning immediately after the day of the poll. (6) In this Act “the Scottish Seal” means Her Majesty’s Seal appointed by the Treaty of Union to be kept and used in Scotland in place of the Great Seal of Scotland. Annotations: Modifications etc. (not altering text) C15 S. 2(2) modified (15.9.2011) by Fixed-term Parliaments Act 2011 (c. 14), ss. 4(2), 7(2) (with s. 6) C16 S. 2(5) excluded (11.3.1999) by S.I. 1999/787, arts. 1, 96 3 Extraordinary general elections. (1) The Presiding Officer shall propose a day for the holding of a poll if— (a) the Parliament resolves that it should be dissolved and, if the resolution is passed on a division, the number of members voting in favour of it is not less than two-thirds of the total number of seats for members of the Parliament, or (b) any period during which the Parliament is required under section 46 to nominate one of its members for appointment as First Minister ends without such a nomination being made. (2) If the Presiding Officer makes such a proposal, Her Majesty may by proclamation under the Scottish Seal— (a) dissolve the Parliament and require an extraordinary general election to be held, (b) require the poll at the election to be held on the day proposed, and (c) require the Parliament to meet within the period of seven days beginning immediately after the day of the poll. (3) If a poll is held under this section within the period of six months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)), that ordinary general election shall not be held. (4) Subsection (3) does not affect the year in which the subsequent ordinary general election is to be held. 4 Scotland Act 1998 (c. 46) Part I – The Scottish Parliament Document Generated: 2014-04-02 Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Scotland Act 1998. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) 4 Calculating time for meeting of the Parliament. In calculating any period of days for the purposes of section 2(3)(b) or (5)(c) or section 3(2)(c), Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday, a bank holiday in Scotland or a day appointed for public thanksgiving or mourning shall be disregarded. 5 Candidates.
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