1-5 of 5 results for subject:Monarchy
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Legislation
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Scotland Act 1998
Type
House
Session
Year
Department
Member
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Answering member
Legislative stage
Legislation
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Scotland Act 1998 (5)
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A briefing paper which "maps" (or summarises) the main elements of the United Kingdom's uncodified constitution.
A briefing paper which "maps" (or summarises) the main elements of the United Kingdom's uncodified constitution.
By
David Torrance
Type
Commons Briefing papers
Legislation
Northern Ireland Act 1998; Government of Wales Act 2006; Scotland Act 1998
Subjects
House of Commons; Courts; Central government; Commonwealth; Devolution; Crown dependencies; British overseas territories; British constitution; Church and state; Elections; Human rights; House of Lords; Legislation; Scottish Parliament; Electoral systems; England; Local government; Northern Ireland; Northern Ireland Assembly; Members; Parliament; Monarchy; Wales; Scotland; Voting rights; United Kingdom; Royal prerogative; Senedd Cymru
Date
21 July 2026
Reference
CBP-9384
A briefing on the process for nominating and appointing the First Minister of Scotland.
A briefing on the process for nominating and appointing the First Minister of Scotland.
By
David Torrance
Type
Commons Briefing papers
Legislation
Scotland Act 1998
Subjects
Candidates; Elections; Scottish Parliament; Monarchy; Scotland; First Minister (SG)
Date
8 May 2026
Reference
CBP-10832
A briefing paper on the history of and procedure relating to Royal Assent, not just in the UK Parliament but in the devolved legislatures and for Church of England Measures.
A briefing paper on the history of and procedure relating to Royal Assent, not just in the UK Parliament but in the devolved legislatures and for Church of England Measures.
By
David Torrance
Type
Commons Briefing papers
Legislation
Northern Ireland Act 1998; Parliament Act 1911; Parliament Act 1949; Government of Wales Act 2006; Scotland Act 1998; Royal Assent Act 1967
Subjects
Commonwealth; Crown dependencies; British overseas territories; Church of England; Documents; Northern Ireland; Monarchy; Wales; Scotland; Royal prerogative; Royal assent; Lord Chancellor; Senedd Cymru
Date
12 May 2025
Reference
CBP-9466
Statement on what is the position regarding the giving advice by the First Minister to Her Majesty the Queen on the exercise of Her functions in connection with the implementation of the Scotland Act 1998. [HL 3388]. - Inc fact that list of examples of circumstances in which Her Majesty...
Statement on what is the position regarding the giving advice by the First Minister to Her Majesty the Queen on the exercise of Her functions in connection with the implementation of the Scotland Act 1998. [HL 3388]. - Inc fact that list of examples of circumstances in which Her Majesty...
Asked by
Lord Howie of Troon
(Labour)
Answered by
Baroness Jay of Paddington
(Labour)
Type
Written questions
Status
Answered
For answer on
1 July 1999
Answered on
1 July 1999
Legislation
Scotland Act 1998
Subjects
Devolution; Constitutional and administrative law; Parliamentary procedure; Monarchy; Royal prerogative
Date
1 July 1999
Reference
HL 3388; 603 c50-1WA
House
House of Lords
Statement on the giving of advice by the First Minister to Her Majesty on the exercise of Her functions in connection with the implementation of the Scotland Act 1998.
Statement on the giving of advice by the First Minister to Her Majesty on the exercise of Her functions in connection with the implementation of the Scotland Act 1998.
Asked by
Lord Maxton
(Labour)
Answered by
Tony Blair
(Labour)
Answering body
Prime Minister
Type
Written questions
Status
Answered
Tabled on
29 June 1999
For answer on
30 June 1999
Answered on
30 June 1999
Mr. Maxton: To ask the Prime Minister if he will make a statement regarding the giving of advice by the First Minister to Her
Majesty on the exercise of her functions in connection with the implementation of the Scotland Act 1998. [89358]
The Prime Minister: In a number of situations advice is by convention, given by a Minister of the Crown to Her Majesty in respect of
the exercise of her functions. The majority of Her Majesty's functions in respect of which she receives advice from a Minister of
the Crown in this way relate to the making of appointments and the use of the Royal prerogative.
As a consequence of the new constitutional arrangements under the Scotland Act 1998, it is proposed that in some of those situations
the First Minister instead of a Minister of the Crown will give advice, by convention, to Her Majesty after 1 July in respect of her
functions. No formal order is required to give effect to these transfers, which will be carried out by administrative arrangement.
In this context "Her Majesty's functions" refer to her statutory functions and cases where Her Majesty acts under her prerogative or
common law powers. It concerns only those functions of Her Majesty which she exercises personally and not those which are exercised
on her behalf by a Minister of the Crown. It deals only with circumstances in which a Minister of the Crown provides advice to Her
Majesty by convention and it does not deal with circumstances in which a Minister of the Crown exercises a statutory function of
advising Her Majesty. Where appropriate, provision has been made in the Scotland Act, or in subordinate legislation under the
Scotland Act, to transfer these statutory advice-giving functions from the Minister of the Crown to the First Minister.
In cases where Her Majesty exercises a function which is exercisable within devolved competence for the purposes of the Scotland Act
1998 and she is, by convention, advised by a Minister of the Crown about the exercise of that function, then after 1 July she will
be advised by the First Minister instead of by a Minister of the Crown.
For example, Her Majesty exercises the Royal prerogative of mercy and appoints regius professors of the ancient Scottish
universities in this way. A list of further examples of circumstances in which Her Majesty will in future be advised by the First
Minister instead of by the Secretary of State in relation to the exercise of her functions which relate in whole or in part to a
devolved matter has been placed in the Library.
There are some matters in respect of which the Prime Minister gives advice to Her Majesty on the exercise of her functions and on
which it would be appropriate for the Prime Minister to consult or to take advice from the First Minister. These matters include
recommendations of Scottish candidates for honours and dignities, which are a reserved matter, and advice on the appointment of
Lords Lieutenants in Scotland, the Lord High Commissioner to the General Assembly of the Church of Scotland and members of the Royal
Commission on Environmental Pollution and the Forestry Commission. There are also matters where a Minister of the Crown gives advice
to Her Majesty and where it also would be appropriate for the First Minister to be consulted by or to give advice to that Minister
of the Crown.
The Scotland Act 1998 confers upon the First Minister various functions of advising Her Majesty either directly or through the Prime
Minister. This includes seeking Her Majesty's approval to the appointment of Scottish Ministers and recommending to Her Majesty
persons for appointment as Scottish Law Officers. Section 95 of the Act sets out in detail the arrangements for the First Minister
to nominate persons for appointment as Lord President of the Court of Session and Lord Justice Clerk to the Prime Minister, who in
turn makes recommendations on those appointments to Her Majesty. It also provides for the First Minister to recommend to Her Majesty
the appointment of other judges.
In a number of other situations, Her Majesty is advised in relation to the exercise of her functions by the Privy Council rather
than by a Minister of the Crown. The Privy Council deals with various items of Scottish business, both prerogative business and
statutory matters, such as the grant of Royal Charters and Privy Council appointments. I have placed a paper in the Libraries of
both Houses that briefly describes the circumstances in which the First Minister will, from 1 July, contribute to Privy Council
business in the same manner as the Secretary of State for Scotland has done.
Legislation
Scotland Act 1998
Subjects
Devolution; Constitutional and administrative law; Public appointments; Parliamentary procedure; Ministers; Privy Council; Prerogative of mercy; Monarchy; Scotland
Date
30 June 1999
Reference
334 c215-6W; 89358
House
House of Commons