Sch. 4
This Act
4.—(1) An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, this Act.
(2) This paragraph does not apply to modifying sections 1(4), 17(5), 19(7), 21(5), 24(2), 28(5), 39(7), 40 to 43, 50, 69(3), 85 and 93 and paragraphs 4(1) to (3) and 6(1) of Schedule 2.
(3) This paragraph does not apply to modifying any provision of this Act (other than sections 64(7), 66(2), 71(7), 77, 78 and 119) which—
- (a) charges any sum on the Scottish Consolidated Fund,
- (b) requires any sum to be paid out of that Fund without further approval, or
- (c) requires or authorises the payment of any sum into that Fund.
(4) This paragraph does not apply to any modifications of Part III which are necessary or expedient for the purpose or in consequence of the establishment of a new fund, in addition to the Scottish Consolidated Fund, out of which loans may be made by the Scottish Ministers.
(5) This paragraph does not apply to—
- (a) modifying so much of any enactment as is modified by this Act,
- (b) repealing so much of any provision of this Act as amends any enactment, if the provision ceases to have effect in consequence of any enactment comprised in or made under an Act of the Scottish Parliament.
Enactments modified by this Act
5. An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify―
- (a) the effect of section 119(3) in relation to any provision of an Act of Parliament relating to judicial salaries,
- (b) so much of any enactment as—
- (i) is amended by paragraph 2, 7 or 32 of Schedule 8, and
- (ii) relates to the Advocate General,
- (c) so much of any enactment as is amended by paragraph 9(b) or 29 of Schedule 8.
Shared powers
6. An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, any enactment so far as the enactment relates to powers exercisable by a Minister of the Crown by virtue of section 56.
Part II
General exceptions
Restatement, etc.
7.—(1) Part I of this Schedule does not prevent an Act of the Scottish Parliament—
- (a) restating the law (or restating it with such modifications as are not prevented by that Part), or
- (b) repealing any spent enactment,
or conferring power by subordinate legislation to do so.
