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Scotland Act 2012
Act of Parliament
"Long title An Act to amend the Scotland Act 1998 and make provision about the functions of the Scottish Ministers; and for connected purposes.
"Citation c. 11
Introduced by "Michael Moore
Territorial extent United Kingdom
Dates
"Royal assent 1 May 2012
Other legislation
Amended by "Scotland Act 2016
Relates to "Scotland Act 1998
Status: Amended
Text of statute as originally enacted
Constitutional documents relevant to the status of the "United Kingdom and legislative unions "of its constituent countries
""Royal Coat of Arms of the United Kingdom (HM Government).svg
"Treaty of Union 1706
"Acts of Union 1707
"Personal Union of 1714 1714
"Wales and Berwick Act 1746
"Irish Constitution 1782
"Acts of Union 1800
"Government of Ireland Act 1920
"Anglo-Irish Treaty 1921
"Royal and Parliamentary Titles Act 1927
"N. Ireland (Temporary Provisions) Act 1972
"European Communities Act 1972
"Local Government Act 1972
"Local Government (Scotland) Act 1973
"Northern Ireland Assembly 1973
"N. Ireland Constitution Act 1973
"Referendum Act 1975
"Scotland Act 1978
"Wales Act 1978
"Local Government (Wales) Act 1994
"Local Government etc. (Scotland) Act 1994
"Referendums (Scotland & Wales) Act 1997
"Good Friday Agreement 1998
"Northern Ireland Act 1998
"Government of Wales Act 1998
"Scotland Act 1998
"Government of Wales Act 2006
"Northern Ireland Act 2009
"European Union Act 2011
Scotland Act 2012
"Edinburgh Agreement 2012
"Wales Act 2014
"European Union Referendum Act 2015
"Scotland Act 2016
"Wales Act 2017

The Scotland Act 2012 is an "Act of the "Parliament of the United Kingdom. It sets out amendments to the "Scotland Act 1998, with the aim of "devolving further powers to "Scotland in accordance with the recommendations of the Calman Commission.[1] It received Royal Assent in 2012.

Contents

Main Provisions[edit]

The Act gave extra powers to the Scottish Parliament,[2] most notably:

The Act has prompted the creation of "Revenue Scotland, a Scottish tax authority to replace "HMRC for devolved taxes.

Calman Commission[edit]

The proposed legislation was based on the final report of the "Calman Commission, which was established by an opposition Labour Party "motion in the "Scottish Parliament in December 2007, against the wishes of the "Scottish National Party "minority government.

Professor "Jim Gallagher, the civil servant who drafted the Bill, was appointed to advise the "Scotland Bill Committee of the Scottish Parliament, convened by "Wendy Alexander, whose Parliamentary motion started the whole Calman process.[4]

Passage[edit]

The Bill was presented to the "House of Commons by the "Secretary of State for Scotland, "Michael Moore, on "St Andrew's Day (30 November), 2010, and received an unopposed second reading on 27 January 2012.

The "UK government stated that it would not pass the bill unless it had obtained a legislative consent motion from the "Scottish Parliament,[5] although the Parliament of the United Kingdom could have passed the Bill in any case.[6] The governing "Scottish National Party indicated that it planned to block the bill.[7][8] However, after a deal was reached between the two governments on 21 March 2012,[9] the Scottish Parliament unanimously passed a legislative consent motion in respect of the Bill on 18 April 2012.[10]

Reaction and analysis[edit]

The Secretary of State for Scotland, Michael Moore, described the legislation as the largest transfer of fiscal powers from central Government since the "creation of the United Kingdom.[11]

Although the Scottish National Party supported some parts of the Bill as introduced, it opposed others. In particular, it considered that the income tax proposals were flawed.[12] However, the SNP agreed to support the Bill, after the proposals to return certain powers were dropped,[13] and agreement was reached that the details of the income tax changes would be subject to approval by MSPs.[14] After the Bill received legislative consent from the Scottish Parliament, the "Cabinet Secretary for Parliamentary Business and Government Strategy, "Bruce Crawford, "MSP argued that, although the Bill would not harm Scottish interests, it represented a missed opportunity and had been overtaken by events, in particular the "return of an SNP majority government in 2011 and the consequent "independence referendum.[15]

Amendment[edit]

There is a proposal to amend section 57(2) of the "Scotland Act 1998, which provides that the "Lord Advocate, as a member of the "Scottish Executive, has no power to do anything in contravention of the European Convention rights. Given that, alongside being the adviser to and representative of the Scottish Government in Scots law, the Lord Advocate is head of the system of criminal prosecution in Scotland and every prosecution in a Scottish court proceeds with his/her authority, this provision effectively allows any human rights issue raised in any criminal proceedings in Scotland effectively to be appealed to the "UK Supreme Court as a constitutional "devolution issue".[16] The Supreme Court consists of two Supreme Court judges from Scotland and 10 judges from other parts of the United Kingdom. When hearing appeals the Supreme Court sits with a bench of at least five judges, so even if both Scottish judges are present for a Scottish appeal, the majority of the bench will be judges who may not be especially well versed in Scots law and criminal procedure. According to "Lord Hope of Craighead, the Deputy President of the Supreme Court, non-Scottish judges will in practice defer to their Scottish colleagues in Scottish cases, and often simply concur with judgements written by the Scottish judges. However, the situation is seen by some, including the "Scottish Government, as undermining the status of the "High Court of Justiciary as the final court of appeal in criminal matters in Scots law, and even of undermining the integrity of Scots law. The "Advocate General for Scotland asked an expert group, chaired by "Sir David Edward, to consider this issue and make recommendations, which led to the amendments to the Scotland Bill proposed by the UK Government. The Scottish Government remains concerned that the amendments may not fully address the issue, particularly as a result of the decision of the Supreme Court in "Fraser v HM Advocate, and appointed their own expert group, chaired by "Lord McCluskey, to consider the matter and report back.

See also[edit]

References[edit]

  1. ^ Gibson, Kenneth, "Implementing the Financial Powers in the Scotland Act 2012", Scottish Parliamentary Review, Vol. I, No. 2 (Jan, 2014) [Edinburgh: Blacket Avenue Press]
  2. ^ Scotland Act 2012, 2012
  3. ^ Scotland Act 2012, Scottish rate of income tax, 2012
  4. ^ Dinwoodie, Robbie (10 December 2010). "Professor who drew up Bill to advise on scrutiny". The Herald. Glasgow. Retrieved 13 December 2010. 
  5. ^ "MSPs 'unable to recommend' Scotland Bill plan". BBC News Scotland. 15 December 2011. Retrieved 18 December 2011. 
  6. ^ S. MacNab, "Scotland Bill: Parties split as SNP threatens to block transfer of powers", The Scotsman, (16 December 2011)
  7. ^ Jones, Peter (4 October 2011). "Before May, it was assumed that even if the SNP opposed them, the unionist parties would have voted them through the Scottish Parliament. Of course, thanks to the SNP winning a majority, they now no longer have the power to do that. Indeed, the SNP has the power to block the transfer of powers. Last week's meeting of the Scottish Parliament committee examining the Scotland Bill's provisions made it pretty clear that the SNP is preparing the ground to do exactly that". The Scotsman. Edinburgh. Retrieved 4 October 2011. 
  8. ^ Jones, Peter; Macleod, Angus (16 December 2011). "Scotland Bill stalls as SNP clashes with Westminster". The Times. London. Retrieved 16 December 2011. 
  9. ^ BBC News, "Holyrood to be given new income tax and borrowing powers". BBC News Online, (21 March 2012)
  10. ^ BBC News, "MSPs endorse new Holyrood powers under Scotland Bill", BBC News Online, (18 April 2012)
  11. ^ "Commons clears transfer of powers". The Herald. 28 January 2011. Retrieved 28 January 2011. 
  12. ^ "Scotland Bill: Parties split as SNP threatens to block transfer of powers". 
  13. ^ "MSPs endorse new Holyrood powers under Scotland Bill". BBC. 18 April 2012. Retrieved 20 April 2012. 
  14. ^ "MSPs approve Scotland Bill". The Herald. 19 April 2012. Retrieved 20 April 2012. 
  15. ^ "MSPs back Holyrood powers boost", Stornoway Gazette, (18 April 2012)
  16. ^ The Law Society of Scotland, news statement

Further reading[edit]

External links[edit]

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