Section 31: Scrutiny of Bills for legislative competence and protected subject-matter .

Scotland Act 1998 · 1998 c. 46View on legislation.gov.uk

Part I: The Scottish Parliament

A person in charge of a Bill shall, on or before introduction of the Bill in the Parliament, state that in his view the provisions of the Bill would be within the legislative competence of the Parliament.

The Presiding Officer shall, on or before the introduction of a Bill in the Parliament, decide whether or not in his view the provisions of the Bill would be within the legislative competence of the Parliament and state his decision.

The Presiding Officer shall, after the last time when a Bill may be amended but before the decision whether to pass or reject it, decide whether or not in his view any provision of the Bill relates to a protected subject-matter and state his decision.

The form of any statement, and the manner in which it is to be made, shall be determined under standing orders, and standing orders may provide for any statement to be published.

For the purposes of this Part a provision of a Bill relates to a protected subject-matter if it would modify, or confer power to modify, any of the matters listed in subsection (5) (but not if the provision is incidental to or consequential on another provision of the Bill).

The matters are—

the persons entitled to vote as electors at an election for membership of the Parliament,
the system by which members of the Parliament are returned,
the number of constituencies, regions or any equivalent electoral area, and
the number of members to be returned for each constituency, region or equivalent electoral area.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.