Scotland Act 1998

Charles III William, Duke of Rothesay Swinney government The Rt Hon John Swinney MSP The Rt Hon John Swinney MSP Kate Forbes MSP Sixth session Alison Johnstone MSP Angela Constance MSP Dorothy Bain KC The Rt Hon Lord Carloway KC PC United Kingdom Parliament elections European Parliament elections Local elections Referendums Starmer ministry The Rt Hon Keir Starmer MP The Rt Hon Ian Murray MP The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive).

[6] The Act specifically declares the continued power of the UK Parliament to legislate in respect of Scotland;[7] thereby upholding the concept of Westminster's absolute parliamentary sovereignty.

[12] The Act grants the Secretary of State for Scotland power to direct the Scottish Government not to take any action which he has reasonable grounds to believe "would be incompatible with any international obligations" or to act where he believes such action "is required for the purpose of giving effect to any such obligations".

[13] The Act also sets up mechanisms to resolve disputes over questions about legislative competence of the Parliament and powers of the Executive.

The ultimate appeal in such matters lies to the Supreme Court of the United Kingdom (prior to 1 October 2009, the Judicial Committee of the Privy Council).