Changes to legislation: Scotland Act 1998 is up to date with all changes known to be in force on or before 15 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 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:— 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: 2021-09-15 Changes to legislation: Scotland Act 1998 is up to date with all changes known to be in force on or before 15 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 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. C15 Act modified (1.4.2012) by The Housing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2012 (S.I. 2012/700), art. 3(1) C16 Act modified (1.1.2015) by The Revenue Scotland and Tax Powers Act 2014 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3294), art. 3(1) C17 Act modified (1.4.2015) by The Food (Scotland) Act 2015 (Consequential Provisions) Order 2015 (S.I. 2015/444), art. 3(1) (with art. 3(2)) C18 Act modified (23.5.2016) by Scotland Act 2016 (c. 11), ss. 46(1)(3), 51(1) C19 Act modified (5.9.2016) by Scotland Act 2016 (c. 11), s. 32(1)(2), 72(4)(b); S.I. 2016/759, reg. 3(i) C20 Act modified (1.4.2017) by The Scottish Fiscal Commission Act 2016 (Consequential Provisions and Modifications) Order 2017 (S.I. 2017/241), art. 3 C21 Act modified (18.5.2017 immediately after 2016 c. 11, ss. 3-8, 10-12 come into force) by Scotland Act 2016 (c. 11), ss. 9(1), 72(4)(a); S.I. 2017/608, reg. 2(1)(g)(2) 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. Scotland Act 1998 (c. 46) 3 Part I – The Scottish Parliament Document Generated: 2021-09-15 Changes to legislation: Scotland Act 1998 is up to date with all changes known to be in force on or before 15 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes General elections 2 Ordinary general elections. F1(1) . (2) [F2The day on which the poll at an ordinary general election for membership of the Parliament is to be held is the first Thursday in May in the fifth] calendar year following that in which the previous ordinary general election was held, unless [F3(a) subsection (2A) prevents the poll being held on that day, or (b) the day of the poll is determined by a proclamation under subsection (5).] [F4(2A) The poll shall not be held on the same date as the date of the poll at— (a) a parliamentary general election (other than an early parliamentary general election), F5... F5(b) . (2B) Where subsection (2A) prevents the poll being held on the day specified in subsection (2), the poll shall be held on such day, subject to subsection (2A), as the Scottish Ministers may by order specify, unless the day of the poll is determined by a proclamation under subsection (5) as modified by subsection (5ZA).] (3) If the poll is to be held on the first Thursday in May[F6, or on the day specified by an order under subsection (2B)] , the Parliament— (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) [F7Subject to subsection (2A),] 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 [F8(unless the Parliament is already dissolved)], (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. [F9(5ZZA) Before proposing a day for the holding of the poll under subsection (5), the Presiding Officer must consult the Electoral Commission.] [F10(5ZA) Where a day is specified by order under subsection (2B), subsection (5) applies as if the reference to the first Thursday in May were a reference to that day.] F11(5A) . F11(5B) . F11(5C) . (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. 4 Scotland Act 1998 (c. 46) Part I – The Scottish Parliament Document Generated: 2021-09-15 Changes to legislation: Scotland Act 1998 is up to date with all changes known to be in force on or before 15 September 2021.