Scotland Act 1998 in the context of Act of the Scottish Parliament


Scotland Act 1998 in the context of Act of the Scottish Parliament

⭐ Core Definition: Scotland Act 1998

The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was one of the most significant constitutional pieces of legislation to be passed by the UK Parliament between the passing of the European Communities Act in 1972 and the European Union (Withdrawal) Act in 2018 and is the most significant piece of legislation to affect Scotland since the Acts of Union in 1707 which ratified the Treaty of Union and led to the disbandment of the Parliament of Scotland.

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Scotland Act 1998 in the context of Scottish Government

The Scottish Government (Scottish Gaelic: Riaghaltas na h-Alba, pronounced [ˈrˠiə.əl̪ˠt̪əs ˈhal̪ˠapə]) is the devolved government of Scotland. It was formed in 1999 as the Scottish Executive following the 1997 referendum on Scottish devolution, and is headquartered at St Andrew's House in the capital city, Edinburgh. It has been described as one of the most powerful devolved governments globally, with full legislative control over a number of areas, including education, healthcare, justice and the legal system, rural affairs, housing, the crown estate, the environment, emergency services, equal opportunities, public transport, and tax, amongst others.

The Scottish Government consists of the Scottish Ministers, which is the term used to describe their collective legal functions. The Scottish Government is accountable to the Scottish Parliament, which was also created by the Scotland Act 1998. The first minister is nominated by Parliament, then formally appointed by the monarch. The Scotland Act 1998 makes provision for ministers and junior ministers, referred to by the current administration as cabinet secretaries and ministers, in addition to two law officers: the lord advocate and the solicitor general for Scotland. The first minister selects ministers from the body of serving members of the Scottish Parliament, after which their appointment is approved by Parliament and the monarch. Collectively the Scottish Ministers and the Civil Service staff that support the Scottish Government are formally referred to as the Scottish Administration. The Scottish Cabinet consists of the first minister and their deputy, cabinet secretaries, the law officers, the permanent secretary and Minister for Parliamentary Business.

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Scotland Act 1998 in the context of Scottish Parliament constituencies and regions

The Scottish Parliament (Holyrood), created by the Scotland Act 1998, has used a system of constituencies and electoral regions since the first general election in 1999.

The parliament has 73 constituencies, each electing one Member of the Scottish Parliament (MSP) by the plurality (first-past-the-post) system of voting, and eight additional member regions, each electing seven additional MSPs. Each region is a group of constituencies, and the D'Hondt method of allocating additional member seats from party lists is used to produce a form of proportional representation for each region. The total number of parliamentary seats is 129. For lists of MSPs, see Member of the Scottish Parliament.

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Scotland Act 1998 in the context of 2021 Scottish Parliament election

The 2021 Scottish Parliament election took place on 6 May 2021 under the provisions of the Scotland Act 1998. It was the sixth Scottish Parliament election since the devolved parliament was established in 1999. 129 Members of the Scottish Parliament were elected. The election was held alongside the Senedd election in Wales, English local elections, London Assembly and mayoral election and the Hartlepool by-election.

The election campaign started on 25 March 2021, during the COVID-19 pandemic in Scotland. As a result, Parliament went into recess on 5 May, the day before the election. The main parties fielding candidates were: the Scottish National Party (SNP), led by First Minister Nicola Sturgeon; the Scottish Conservatives, led by Douglas Ross; Scottish Labour, led by Anas Sarwar; the Scottish Liberal Democrats, led by Willie Rennie, and the Scottish Greens, jointly led by Patrick Harvie and Lorna Slater. Of those five parties, three had changed their leader since the 2016 election.

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Scotland Act 1998 in the context of Scottish devolution

Scottish devolution is the process of the UK Parliament granting powers (excluding powers over reserved matters) to the devolved Scottish Parliament. Prior to the advent of devolution, some had argued for a Scottish Parliament within the United Kingdom – while others have since advocated for complete independence. The people of Scotland first got the opportunity to vote in a referendum on proposals for devolution in 1979 and, although a majority of those voting voted 'Yes', the referendum legislation also required 40% of the electorate to vote 'Yes' for the plans to be enacted and this was not achieved. A second referendum opportunity in 1997, this time on a strong proposal, resulted in an overwhelming 'Yes' victory, leading to the Scotland Act 1998 being passed and the Scottish Parliament being established in 1999.

Scottish voters were given the chance to vote 'Yes' on outright independence in a 2014 referendum. In an effort to persuade Scots to remain in the Union, the major UK parties vowed to devolve further powers to Scotland after the referendum. The 'No' vote prevailed (independence was rejected) and the campaign promise of devolution resulted in the formation of the Smith Commission and the eventual passage of the Scotland Act 2016.

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Scotland Act 1998 in the context of Second periodic review of Scottish Parliament boundaries

The Second periodic review of Scottish Parliament boundaries is being carried out by Boundaries Scotland. It was announced on 1 September 2022 that the review was taking place. Provisional proposals were published on 15 April 2023, the revised proposals were published on 26 May 2010. Further proposals for constituencies and provisional proposals for. The new constituencies and regions will used for the first time at the 2026 Scottish Parliament election.

The Scotland Act 1998 as amended by the Scottish Elections (Reform) Act 2020 requires the commission to review boundaries of all constituencies except Orkney, Shetland and Na h-Eileanan an Iar) (which cover, respectively, the Orkney Islands council area, the Shetland Islands council area and the Comhairle nan Eilean Siar) so that the area covered by the reviewed constituencies will continue to be covered by a total of 73 constituencies.

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Scotland Act 1998 in the context of List of Scottish Parliament constituencies and electoral regions (2026–)

The Scottish Parliament (Holyrood) has 73 constituencies, each electing one Member of the Scottish Parliament (MSP) by the plurality (first past the post) system of election, and eight additional members regions, each electing seven additional MSPs using the D'Hondt method of allocating from party lists to produce a form of proportional representation. The total number of parliamentary seats is 129. For links to lists of MSPs, see Member of the Scottish Parliament and Scottish Parliament constituencies and electoral regions.

The Scotland Act 1998 as amended by the Scottish Elections (Reform) Act 2020 requires Boundaries Scotland to regularly review boundaries of all constituencies; the Second Periodic Review of constituency and regional boundaries began in September 2022 and was completed by May 2025. The proposals were formally approved in October 2025, establishing the new constituencies and regions that will be first contested at the 2026 Scottish Parliament election.

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Scotland Act 1998 in the context of Secretary of State for Scotland

The secretary of state for Scotland (Scottish Gaelic: Rùnaire Stàite na h-Alba; Scots: Secretar o State fir Scotland), also referred to as the Scottish secretary, is a secretary of state in the Government of the United Kingdom, with responsibility for the Scotland Office. The incumbent is a member of the Cabinet of the United Kingdom. The Secretary of State for Scotland serves as the custodian of the Scottish devolution settlement as outlined in the Scotland Act 1998, and represent Scottish interests within the UK Government as well as advocate for UK Government policies in Scotland. The secretary of state for Scotland is additionally responsible for partnership between the UK Government and the Scottish Government, as well as relations between the Parliament of the United Kingdom and the Scottish Parliament.

Much of the secretary of state for Scotland's responsibility transferred to the office of the first minister of Scotland upon the establishment of a new Scottish Executive, since renamed the Scottish Government, and a new devolved Scottish Parliament in 1999 following the Scotland Act 1998.

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