Scotland: The Devolution Act
A referendum on Scottish Devolution was held on 11 September 1997, with 74 per cent voting in favour of a Scottish Parliament and 63 per cent voting for the Parliament to have powers to vary the basic rate of income tax. This led to the introduction by the UK Government of the Scotland Bill, which received Royal Assent on 19 November 1998 and became the Scotland Act 1998.
The Scotland Act 1998 made provision for a Scottish Executive of Ministers and a Scottish Parliament to which they would be accountable.
Elections were held on 6 May 1999 and powers previously exercised by the Secretary State of Scotland and other UK ministers were transferred to Scottish Ministers on July 1 1999, the same day that the Scottish Parliament was officially convened.
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. Further information about this is on the Scotland: The Devolution Settlement page.
The Act also created the position of Advocate General for Scotland. The Advocate General is a UK Law Officer and gives legal advice to HM 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.
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