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Summary Devolution

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devolution in scotland - incl West Lothian question, primary and secondary legislative powers - tax varying power information and smoking bans and regional law

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  • August 5, 2024
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DEVOLUTION IN SCOTLAND
REFERENDUM RESULTS
2011 election: the SNP was able to gain a majority to hold a referendum for Scottish Independence -
David Cameron, Nick Clegg and Ed Miliband promised 'extensive new powers' to Scotland if
Independence was rejected.
 Yes = 44.7%
 No = 55.3%
2017 election: support for the SNP noticeably declined (2015: 50%, 2017: 36.9%) showing that there
was still significant support for the Union in Scotland.

LEGISLATURE
The Scotland Act 1998: devolved primary legislative powers from Westminster to Scotland.
 Local government
 Housing
 Environment
 Law and order
 Education
 Health
 Income tax varying powers of 3p in the pound

POLICIES/POWERS
1. Scotland was the first part of the UK to ban smoking in public places.
2. Scotland's Freedom of Information Act 2002 provides its citizens with more extensive rights
of scrutiny of public bodies.
3. Scotland didn't introduce tuition fees and offers free university education to Scottish
residents.
4. In 2016, the Scottish government ended the right of council tenants to purchase the houses
they live in.

Smith Commission was established and recommended these devolved powers to Scotland which
formed the basis of the Scotland Act 2016:
 Varying the rate of income tax by up to 10p in the pound
 Having the right to receive 50% of the proceeds of VAT gathered in Scotland
 Determining abortion laws
 Deciding air passenger duty
 Determining speed limits

RESERVED POWERS
Westminster still has reserved powers such as foreign policy, defence, immigration and monetary
policy becasue if they had these powers then they would be a nation state.

These are now permanent features of the UK so Westminster cannot abolish the Scottish Parliament
and the executive by an Act of Parliament.

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