Important Provisions Of SA 1998

Question 1

When would PO step in to stop Bill receiving Royal Assent?

Answer 1

Section 35(1)

(1) If a Bill contains provisions—
(a) which the Secretary of State has reasonable grounds to believe would be incompatible with any international obligations or the interests of defence or national security, or
(b) which make modifications of the law as it applies to reserved matters and which the Secretary of State has reasonable grounds to believe would have an adverse effect on the operation of the law as it applies to reserved matters,

he may make an order prohibiting the Presiding Officer from submitting the Bill for Royal Assent.

Question 2

When is Act of SP not law/legislative competence?

Answer 2

Section 29(1)

1)An Act of the Scottish Parliament is not law so far as any provision of the Act is outside the legislative competence of the Parliament.

Question 3

Power of Westminster?

Answer 3

Section 28(7)This section does not affect the power of the Parliament of the United Kingdom to make laws for Scotland.