Holyrood receives new powers under Scotland Act today

Derek Mackay

New powers have been transferred from Westminster to the Scottish Parliament under the Scotland Act 2016.

Many of these powers allow for legislation to be taken forward in areas including equal opportunities, consumer advocacy and advice, competition and transport.

The social security powers which are being devolved will be transferred at a later date, while most of tax powers which are being transferred will also take practical effect at a later date.

Constitution Secretary Derek Mackay said: “The Scotland Act sees the most substantial change to the powers of the Parliament since devolution.

“From today, the Scottish Parliament and Scottish government have new powers over many areas, notably in equality, consumer advocacy and transport.

“Our consumer and competition strategy will take account of Scotland’s geographic, social and economic circumstances. We will use the newly devolved consumer powers to develop a robust system which protects and empowers consumers and supports businesses which are innovative, efficient and fair. And we will also remove employment tribunals fees that act as a barrier to justice.

“On transport, we’ll allow public sector operators to bid for future rail franchises and integrate the British Transport Police into Police Scotland, while retaining the specialisms that are highly valued by the rail industry and passengers. And we will look to attract more international flights to Scotland, boosting investment and jobs, by reforming Air Passenger Duty, which under the UK government is one of the highest taxes of its kind in the world.

“While the Scotland Act does not go as far as we would wish, we will always use all the powers available to us in the best interests of Scotland.”

In contrast, Secretary of State for Scotland David Mundell said that the act “delivers the Smith Commission in full”.

He added: “Crucially, these powers will be transferred while maintaining the benefits of a single labour market, pensions and the sharing of risk that comes with Scotland’s position in our United Kingdom.”

With the transfer of powers today, the Scottish Parliament will become responsible for legislation on:

  • Abortion
  • Consumer advocacy and advice
  • Equal opportunities – for example, deciding whether Scotland’s public sector boards should be required to be gender balanced
  • Gaming machines – specifically controls on fixed odds betting terminals (FOBTs) in licenced high street bookmakers
  • Parking – preventing inconsiderate parking, for example on pavements
  • Policing of railways in Scotland
  • Speed limits
  • Traffic signs
  • The following bodies will have to provide their annual reports to Scottish Ministers to lay before the Scottish Parliament; and will be obliged to appear before the Scottish Parliament if it requests it:
  • Office of Gas and Electricity Markets (Ofgem)
  • Office of Communications (Ofcom)
  • Northern Lighthouse Board
  • The Sewel convention has also been placed on a statutory footing.

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