Scotland Act 1998 1998 Chapter 46 - continued back to previous text   PART V   MISCELLANEOUS AND GENERAL   Remuneration of members of the Parliament and Executive Remuneration of members of the Parliament and Executive.     81. - (1) The Parliament shall make provision for the payment of salaries to members of the Parliament and members of the Scottish Executive.         (2) The Parliament may make provision for the payment of allowances to members of the Parliament or members of the Scottish Executive.         (3) The Parliament may make provision for the payment of pensions, gratuities or allowances to, or in respect of, any person who-     (a) has ceased to be a member of the Parliament or the Scottish Executive, or   (b) has ceased to hold such office, employment or other post in connection with the Parliament or the Scottish Executive as the Parliament may determine but continues to be a member of the Parliament or the Scottish Executive.       (4) Such provision may, in particular, include provision for-     (a) contributions or payments towards provision for such pensions, gratuities or allowances,   (b) the establishment and administration (whether by the Parliamentary corporation or otherwise) of one or more pension schemes.       (5) In this section "provision" includes provision-     (a) by an Act of the Scottish Parliament, or   (b) by a resolution of the Parliament conferring functions on the Parliamentary corporation;   and references to a member of the Scottish Executive include a junior Scottish Minister.   Limits on salaries of members of the Parliament.     82. - (1) The Parliament shall ensure that the amount of salary payable to a member of the Parliament in accordance with section 81 is reduced if any salary is payable to him-     (a) pursuant to a resolution (or combination of resolutions) of either House of Parliament relating to the remuneration of members of that House, or   (b) under section 1 of the European Parliament (Pay and Pensions) Act 1979 (remuneration of United Kingdom MEPs).       (2) The Parliament shall ensure that the amount of salary is reduced-     (a) to a particular proportion of what it would otherwise be or to a particular amount, or   (b) by the amount of any salary payable to the member as mentioned in subsection (1)(a) or (b), by a particular proportion of that amount or by some other particular amount. Remuneration: supplementary.     83. - (1) The Parliament shall ensure that information concerning sums paid as salaries, allowances, pensions or gratuities of the kind mentioned in section 81 is published for each financial year.         (2) No payment of salary or allowances of the kind mentioned in section 81(1) or (2) shall be made to a person who is required by section 84 to take an oath unless he has done so.         (3) Subsection (2) does not affect any entitlement to payments in respect of the period before the person concerned took the oath once he has done so.         (4) For the purposes of sections 81 and 82, a person who is a member of the Parliament immediately before the Parliament is dissolved shall be treated-     (a) if he continues to hold office by virtue of section 19(2) or paragraph 1 of Schedule 2, as if he were such a member until the end of the day on which he ceases to hold such office, and   (b) if he does not fall within paragraph (a) but is nominated as a candidate at the subsequent general election, as if he were such a member until the end of the day on which the election is held.       (5) Different provision may be made under section 81 or 82 for different cases.     Other provision about members of the Parliament etc. Oaths.     84. - (1) A person who is returned as a member of the Parliament shall take the oath of allegiance (whether or not he has taken the oath after being returned on a previous occasion or otherwise than as a member of the Parliament).         (2) He shall do so at a meeting of the Parliament and shall not take part in any other proceedings of the Parliament until he has done so.         (3) If he has not done so within the period of two months beginning with the day on which he was returned, or such longer period as the Parliament may have allowed before the end of that period, he shall cease to be a member of the Parliament (so that his seat is vacant).         (4) Each member of the Scottish Executive shall on appointment-     (a) take the official oath in the form provided by the Promissory Oaths Act 1868, and   (b) take the oath of allegiance.       (5) Each junior Scottish Minister shall on appointment take the oath of allegiance.         (6) Subsections (4) and (5) do not require a member of the Parliament to take the oath of allegiance again if he has already done so in compliance with his duty as a member.         (7) In this section, references to taking the oath of allegiance are to taking it in the form provided by the Promissory Oaths Act 1868.   Exemption from jury service.     85. - (1) In Part III of Schedule 1 to the Juries Act 1974 (persons excusable as of right from jury service), after the entries under the heading "Parliament" there is inserted-     "Scottish Parliament and Scottish Executive Members of the Scottish Parliament. Members of the Scottish Executive. Junior Scottish Ministers."       (2) In Part III of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (persons excusable as of right from jury service), after the entries in Group A there is inserted-     "GROUP AB   Scottish Parliament and Scottish Executive   (a) members of the Scottish Parliament;   (b) members of the Scottish Executive; and   (c) junior Scottish Ministers."   Arrangements at Westminster Scottish representation at Westminster.     86. - (1) Schedule 2 to the Parliamentary Constituencies Act 1986 (rules for redistribution of seats) is amended as follows.         (2) Rule 1(2) (Scotland to have not less than 71 constituencies) is omitted.         (3) After rule 3 there is inserted-     "3A. A constituency which includes the Orkney Islands or the Shetland Islands shall not include the whole or any part of a local government area other than the Orkney Islands and the Shetland Islands."; and in rule 4, for "3" there is substituted "3A".         (4) In applying rule 5 (electoral quotas for each part of the United Kingdom) to Scotland for the purposes of the first report of the Boundary Commission for Scotland to be submitted under section 3(1) of that Act after the commencement of this subsection, "electoral quota" means the number which, on the enumeration date in relation to that report, is the electoral quota for England.         (5) In paragraph 7 (Commissions do not have to give full effect to all rules), after "rules" there is inserted "(except rule 3A)".   The Advocate General for Scotland.     87. - (1) In Schedule 2 to the House of Commons Disqualification Act 1975 (Ministerial offices) and Part III of Schedule 1 to the Ministerial and other Salaries Act 1975 (salaries of the Law Officers), after the entry for the Solicitor General there is inserted- "Advocate General for Scotland".         (2) The validity of anything done in relation to the Advocate General is not affected by a vacancy in that office.         (3) If that office is vacant or the Advocate General is for any reason unable to act, his functions shall be exercisable by such other Minister of the Crown as the Prime Minister may determine in writing.     Cross-border public authorities Cross-border public authorities: initial status.     88. - (1) Sections 53 and 118 to 121 shall not apply in relation to any function which is specifically exercisable in relation to a cross-border public authority; and section 118 shall not apply in relation to any function of such an authority.         (2) A Minister of the Crown shall consult the Scottish Ministers before he exercises, in relation to a cross-border public authority, any specific function-     (a) which relates to any appointment or removal of the cross-border public authority concerned or of any members or office-holders of the cross-border public authority concerned, or   (b) whose exercise might affect Scotland otherwise than wholly in relation to reserved matters.       (3) Any cross-border public authority or other person which is required by a pre-commencement enactment or a prerogative instrument to lay any report relating to a cross-border public authority before Parliament or either House of Parliament shall also lay the report before the Scottish Parliament.         (4) Subsections (1) to (3) are subject to any Order in Council made under section 89.         (5) In this Act "cross-border public authority" means any body, government department, office or office-holder specified in an Order in Council made by Her Majesty under this section.         (6) Such an Order may only specify a body, government department, office or office-holder which (at the time when the Order is made) has, in addition to other functions, functions which are exercisable in or as regards Scotland and do not relate to reserved matters.         (7) In this section-     "office-holder" includes employee or other post-holder,   "report" includes accounts and any statement.           Other UK Acts |  Home |  Scotland Legislation |  Wales Legislation |  Northern Ireland Legislation |  Her Majesty's Stationery Office © Crown copyright 1998 Prepared 7 December 1998