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48-591: The SPCB is established by section 21 of, and schedule 2 to, the Scotland Act 1998 , but it was left to the Scottish Parliament to decide how the SPCB operates. The SPCB considers and makes decisions on a wide range of issues to do with the running of the parliament including the property, staff and resources that the parliament requires in order to operate. The corporate body administers the resources of

96-534: A Parcel of Rogues in a Nation !" Some recent historians, however, have emphasized the legitimacy of the vote. Even before the ratification of the treaty, there were feelings of unrest and discontent in Scotland over the proposed union with England, with many in Scotland viewing England as their long–standing enemy. As the details of the treaty began to become known in Scotland, official addresses and outcry began in Scotland with such official addresses being read at

144-523: A commissioner for union and former Lord Provost of Edinburgh ." "Troops were brought into the city with orders to shoot if necessary, and several regiments were placed at Queensberry's disposal on the Scottish border and in Ireland in the event of trouble." The prospect of a union of the kingdoms was deeply unpopular among the Scottish population at large, and talk of an uprising was widespread. However,

192-631: A member of the House of Stuart and the only son of Mary, Queen of Scots . By the Union of the Crowns in 1603 he assumed the throne of the Kingdom of England and the Kingdom of Ireland as King James I. This personal union lessened the constant English fears of Scottish cooperation with France in a feared French invasion of England. After this personal union, the new monarch, James I and VI, sought to unite

240-516: A new state, which was not party to a treaty, or combined into a successor state to the Kingdom of England. A treaty requires at least two parties, so it ceased to exist with the Kingdom of Scotland. This position is rejected by David Walker, who argues that its treaty status is 'amply evidenced' by previous legislation, that the Articles and other legislation refer to it as a "treaty" although in

288-465: A reaction to the 2014 Scottish Independence vote. The Wales Act 2014 made amendments to Part 4A of the Scotland Act around the definition of a Scottish taxpayer, to ensure that an individual could not be a taxpayer in both Scotland and Wales in the same year. The Act has been amended by: Treaty of Union The Treaty of Union is the name usually now given to the treaty which led to

336-830: 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). It was one of the most significant constitutional pieces of legislation to be passed by the UK Parliament between the passing of the European Communities Act in 1972 and the European Union (Withdrawal) Act in 2018 and

384-817: Is responsible for nominating the following posts to parliament: 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)

432-475: Is responsible for the appointment of several statutory positions for commissioners and senior public appointments. The parliament nominates individuals to the monarch , who formally appoints them to a post. This includes the following posts: The SPCB provides the budget for each of the above with the exception of the Auditor General for Scotland, which is considered directly by parliament. The SPCB

480-611: Is the most significant piece of legislation to affect Scotland since the Acts of Union in 1707 which ratified the Treaty of Union and led to the disbandment of the Parliament of Scotland . The Act was introduced by the Labour government in 1998 to give effect to the Scottish devolution referendum in 1997 which showed that Scotland was in favour of both of the set questions, firstly for

528-468: The 2007 elections was to rebrand the Scottish Executive, as the group of Ministers and their civil servants had been known, as the Scottish Government . Despite the re-branding, the 'Scottish Executive' still uses the original description for a number of purposes (s.44 of the Scotland Act defines the nature of the body but does not use the words "shall be known as" with regard to a name as is

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576-554: The Company of Scotland lead to the failure of the Darien Scheme , Scotland's attempt to establish a colony. A number of producers and consumers in Scotland were fearful of the economic consequences in Scotland as a result of a union with the Kingdom of England, fearing lack of competition with cheaper English imports and pressure on the Scottish economy as a result of higher levels of English customs and excise rates. By 1713,

624-539: The European Convention on Human Rights or European Community law. The same constraints apply to acts of the Scottish Executive. 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

672-476: The Kingdom of France . England feared for the vulnerability of its northern borders if the Auld Alliance were to be re–established. Under the aegis of the queen and her ministers in both kingdoms, in 1705 the parliaments of England and Scotland agreed to participate in fresh negotiations for a treaty of union. It was agreed that England and Scotland would each appoint thirty-one commissioners to conduct

720-520: The Kingdom of Scotland and the Kingdom of England into a state which he referred to as "Great Britain". Nevertheless, Acts of Parliament attempting to unite the two countries failed in 1606, 1667, and 1689. The 1688 Glorious Revolution angered many in Scotland as a result of the decision made by the Parliament of England to declare that James VII & II had "abandoned his kingdoms". There were feelings of discontent in Scotland, with many seeing

768-493: The Treaty is better described as a 'record of negotiations' between commissioners and that the Acts of Union 1707 constitute the actual treaty. The Scottish parliamentary debate subsequently amended the document when producing their Act of Union , which can itself be described as an offer of treaty terms. Smith argues further that this debate is redundant because the obligants under the treaty 'disappeared in 1707' and replaced by

816-785: The English and Scottish commissioners began on 16 April 1706 at the Cockpit-in-Court in London . The sessions opened with speeches from William Cowper, the English Lord Keeper, and from Lord Seafield, the Scottish Lord Chancellor, each describing the significance of the task. The commissioners did not carry out their negotiations face to face, but in separate rooms. They communicated their proposals and counter-proposals to each other in writing, and there

864-501: The Parliament of Scotland who were negotiating the terms of treaty should respect Scotland's independence and military campaigns to protect it, and reject the treaty. Many travelled to Parliament House, Edinburgh , the seat of the Parliament of Scotland, to hear the terms of the Treaty of Union, and on 23 October 1706, riots erupted in response to the proposal for higher English customs and excise rates to be imposed on Scotland following

912-471: The Parliament of Scotland with the words "there’s ane end of ane auld sang" whilst the church bells of St Giles' Cathedral played the tune Why should I feel so sad on my wedding day? . Queen Elizabeth I of England and Ireland, last monarch of the Tudor dynasty , died without issue on 24 March 1603, and the throne fell at once (and uncontroversially) to her first cousin twice removed, James VI of Scotland ,

960-510: The Scottish Parliament once they receive royal assent . The Act specifically declares the continued power of the UK Parliament to legislate in respect of Scotland; thereby upholding the concept of Westminster's absolute parliamentary sovereignty . The Act also provides for the creation of a 'Scottish Executive' though one of the early actions of the SNP administration that won power in

1008-665: The Scottish Parliament ;— even if legislatively competent — from receiving royal assent if it believes the law would affect matters of reserved law; this provision has been only used once, to veto the Gender Recognition Reform (Scotland) Bill in 2023. The Act also allows the powers of the Scottish Parliament and the Scottish Executive to be adjusted over time by agreement between both parliaments by means of an Order in Council . The Act

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1056-653: The advice of the Duke of Queensberry and the Duke of Argyll . Of the Scottish commissioners who were subsequently appointed, twenty-nine were members of the governing Court Party, while one was a member of the Squadron Volante . At the head of the list was Queensberry himself, with the Lord Chancellor of Scotland , the Earl of Seafield . George Lockhart of Carnwath , a member of the opposition Cavalier Party,

1104-422: The agreed Articles into effect. The Treaty of Union was eventually passed in the Parliament of Scotland following months of intense debate, with 110 voting in favour for the treaty to 67 against. The passing of the vote has been described as a vote "to end Scotland's independence". The political union took effect on 1 May 1707, with the Lord Chancellor of Scotland James Ogilvy, 4th Earl of Findlater , closing

1152-455: The agreed Articles of Union. The Scottish proponents of union believed that failure to agree to the Articles would result in the imposition of a union under less favourable terms, and English troops were stationed just south of the Scottish border and also in northern Ireland as an "encouragement". Months of fierce debate in both capital cities and throughout both kingdoms followed. In Scotland,

1200-632: The case with various other bodies whose names are thus fixed by statute). It consists of a First Minister and other Ministers appointed by the Monarch with the approval of the Parliament, including the Lord Advocate and the Solicitor General for Scotland . The Act sets out the legislative competence of the Scottish Parliament. Rather than listing the matters over which the Scottish Parliament does control (devolved powers), it specifies

1248-407: The commencement of each session of the Parliament of Scotland, however, had little effect and parliamentary business continued as normal. Many Scots were angered at the apparent ignorance towards Scotland's military engagement with England in order to maintain its independence and status as an "admirably ancient and unconquered kingdom". Opponents to the treaty with England argued that Commissioners of

1296-530: The creation of a parliament for Scotland and secondly, that this parliament should have tax varying powers. The Act creates the Scottish Parliament , sets out how Members of the Scottish Parliament are to be elected, makes some provision about the internal operation of the Parliament (although many issues are left for the Parliament itself to regulate) and sets out the process for the Parliament to consider and pass Bills which become Acts of

1344-494: The creation of the new state of Great Britain . The treaty united the Kingdom of England (which already included Wales) and the Kingdom of Scotland to be "United into One Kingdom by the Name of Great Britain". At the time it was more often referred to as the Articles of Union . The details of the Treaty were agreed on 22 July 1706, and separate Acts of Union were then passed by the parliaments of England and Scotland to put

1392-534: The debate on occasion dissolved into civil disorder, most notably involving the notorious "Edinburgh Mob", which threatened "Destruction to all the Promoters of the Union". As the Scottish Parliament was deliberating on 22 October 1706, the session had to be suspended "because the mob was threatening to break in"; although this did not ultimately occur, they subsequently "attacked the house of Sir Patrick Johnston,

1440-427: The former Lord Chancellor of Scotland , James Ogilvy, 4th Earl of Findlater , who was a prominent supporter for the Treaty of Union between Scotland and England had changed his position on the treaty, and unsuccessfully advocated for the treaty to be reversed. Little is known about the public view in the Kingdom of England either for or against a union with the Kingdom of Scotland, however, it has been speculated that

1488-534: The matters over which it does not (reserved matters). It further designates a list of statutes which are not amenable to amendment or repeal by the Parliament which includes the Human Rights Act 1998 and many provisions of the Scotland Act itself. Even when acting within its legislative competence, the Act further constrains the powers of the Parliament by inhibiting it from acting in a manner incompatible with

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1536-533: The money circulating in Scotland at the time. In the face of opposition by English commercial interests, the Company of Scotland also raised subscriptions in Amsterdam, Hamburg, and London for its scheme. For his part, King William III of England and II of Scotland had given only lukewarm support to the Scottish colonial endeavour. England was at war with France, and hence did not want to offend Spain, which claimed

1584-611: The negotiations. The Scottish Parliament then began to arrange an election of the commissioners to negotiate on behalf of Scotland, but in September 1705, the leader of the Country Party , the Duke of Hamilton , who had previously attempted to obstruct the negotiation of a treaty, proposed that the Scottish commissioners should be nominated by the Queen, and this was agreed. In practice, the Scottish commissioners were nominated on

1632-679: The new monarchs William III Mary II as inheriting the Scottish throne without consent which lead to groups in the Scottish Highlands organising resistance, a group which would later become known as the Jacobites . Beginning in 1698, the Company of Scotland sponsored the Darien scheme , an ill-fated attempt to establish a Scottish trading colony in the Isthmus of Panama , collecting from Scots investments equal to one-quarter of all

1680-467: The parliament as well as the budget of the parliament. It also considers the use of parliamentary facilities and is responsible for the staffing and security of the parliament. The SPCB is convened by the Presiding Officer of the Scottish Parliament and at least four other MSPs . Each member of the body takes on a specific portfolio. Alison Johnstone MSP The Scottish Parliament

1728-562: The promoters to refund subscriptions to the Hamburg investors. This left no source of finance but Scotland itself. The colonisation ended in a military confrontation with the Spanish in 1700, but most colonists died of tropical diseases. This was an economic disaster for the Scottish ruling class investors and diminished the resistance of the Scottish political establishment to the idea of political union with England. It ultimately supported

1776-488: The proposed union was viewed more favourably in England than in Scotland. It is speculated, however, that the Kingdom of England secured what they had sought from the treaty – a security and guarantee that the House of Hanover dynasty would succeed Queen Anne to the Scottish crown following her reign. The status of the Treaty or Articles of Union as an international treaty is challenged by T. B. Smith. He argued that

1824-674: The purpose of giving effect to any such obligations". 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 ). The Westminster government can unilaterally prohibit an Act of

1872-673: The ratification of the treaty. Subsequent riots occurred in Glasgow , and between November and December 1706, crowds gathered in both Dumfries and Stirling to publicly burn copies of the proposed treaty. The Presbyterians who organised the burning of the treaty in Dumfries published a manifesto outlining opposition to a union with England. Over 20,000 Scots signed petitions against the treaty, and thought it had little implications, it did lead to increased tensions in Edinburgh. Those opposing

1920-411: The right to select Anne's successor as monarch, and that Scotland would only agree with an English decision for her successor if Scotland were to be granted full access to English trading markers. This declaration by Scotland sparked uncertainty in England, as there was fear that Scotland would end the Union of Crowns, return the House of Stuart to the throne, and re–established the " Auld Alliance " with

1968-627: The territory as part of New Granada. England was also under pressure from the London-based East India Company , which was anxious to maintain its monopoly over English foreign trade. It therefore forced the English and Dutch investors to withdraw. Next, the East India Company threatened legal action, on the grounds that the Scots had no authority from the king to raise funds outside the king's realm, and obliged

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2016-494: The treaty in the Parliament of Scotland hoped that it would encourage the Government of Scotland to abandon negotiations with Kingdom of England for a political union. Additionally, many in Scotland feared how Scottish interests, economy, trade and business could be promoted in a parliament which would have an overwhelming majority of MPs representing England. There was also a feeling amongst Scots that English interference in

2064-433: The treaty was signed and the documents were rushed south with a large military escort. Andrew Fletcher , a prominent Scottish patriot, argued that the ratification of the treaty would see Scotland "more like a conquered province". The Kingdom of Great Britain was established on 1 May 1707, shortly after the parliaments of Scotland and England had ratified the Treaty of Union by each approving Acts of Union combining

2112-580: The two parliaments and the powers of the two crowns. Scotland's crown, sceptre, and sword of state remained at Edinburgh Castle. Queen Anne (already Queen of both England and Scotland) formally became the first occupant of the unified throne of Great Britain, with Scotland sending forty-five members to the new House of Commons of Great Britain , as well as Scottish representative peers to the House of Lords . Significant financial payoffs to Scottish parliamentarians were later referred to by Robert Burns when he wrote "We're bought and sold for English gold, Such

2160-451: The union, despite some popular opposition and anti-union riots in Edinburgh, Glasgow, and elsewhere. Deeper political integration had been a key policy of Queen Anne ever since she had acceded to the thrones of the three kingdoms in 1702. Following Anne's succession to the throne, the Parliament of Scotland passed the Act of Security 1704 which stipulated that the Parliament of Scotland had

2208-526: Was a blackout on news from the negotiations. Each side had its own particular concerns. Within a few days, England gained a guarantee that the Hanoverian dynasty would succeed Queen Anne to the Scottish crown, and Scotland received a guarantee of access to colonial markets, in the hope that they would be placed on an equal footing in terms of trade. After the negotiations ended on 22 July 1706, acts of parliament were drafted by both parliaments to implement

2256-471: Was passed on 17 November 1998, and received royal assent two days later on 19 November. The first elections were held in May 1999 and the Scottish Parliament and Executive assumed their full powers on 1 July 1999. The Act was amended by the Scottish Parliament (Constituencies) Act 2004 to end the link between the number of MPs at Westminster and the number of constituency MSPs. It was amended again in 2016 as

2304-544: Was the only commissioner opposed to union. The thirty-one English commissioners included government ministers and officers of state, such as the Lord High Treasurer , the Earl of Godolphin , the Lord Keeper , Lord Cowper , and a large number of Whigs who supported union. Most Tories in the Parliament of England were not in favour of a union, and only one was among the commissioners. Negotiations between

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