Devolution

Devolution is the transfer of powers from a central body to devolved administrations. The UK Parliament at Westminster has devolved different powers to the Link opens in new windowScottish Parliament, the Link opens in new windowNational Assembly for Wales, and the Link opens in new windowNorthern Ireland Assembly.

An outline of the Scottish devolution settlement

  • Under the Scotland Act 1998, the Link opens in new windowScottish Parliament can legislate for a wide range of matters (including policing and justice; the environment; healthcare; and education).
  • The Scottish Ministers have executive authority in these areas.
  • The UK Government supported the establishment by the Scottish Parliament of the Link opens in new windowCommission on Scottish Devolution under Sir Kenneth Calman.

The Scotland Act

The Scotland Bill received Royal Assent on 19 November 1998. It made provision for:

  • A Scottish Executive of Ministers and a Link opens in new windowScottish Parliament to which they would be accountable.
  • In September 2007, Scottish Ministers rebranded the Scottish Executive to the Scottish Government.

The Act does not specify which matters are devolved to the Scottish Parliament, rather it specifies those matters that are reserved to the UK Parliament. Those matters not reserved by the Scotland Act are devolved to the Scottish Parliament. The Scottish Parliament has primary legislative powers, i.e. the power to pass Acts.

The Act also created the position of Advocate General for Scotland. The Advocate General is a UK Law Officer and gives legal advice to the UK Government on Scots law and devolution. The Advocate General also has power to intervene if issues arise as to whether legislation passed by the Scottish Parliament is within its competence.

The passing of the Act saw the abolition of the old Scottish Office and the creation of the new Scottish Executive and Scottish Parliament. In Whitehall, the Scotland Office came into being to assist the Secretary of State in his functions and duties.

(Please note that this version of the Act does not necessarily reflect any amendments made to it)