Parliament, shall not prevent that officer being treated A.D. 1927) as an officer in the civil service of the Crown. (2) If any question arises whether an officer is a Scottish officer as so defined, or otherwise, as to any 5 claim or right of an officer under the provisions of this Act relating to existing officers, that question shall, in default of agreement between the two Governments, be referred to the Joint Council established under this Act. 10 (3) If in any case the Joint Council are of opinion that the service or employment of any officer is such that he is partly a Scottish officer and partly not, the Joint Council may make recommendations as respects the proportions in which any allowance, gratuity, or com15 pensation payable to that officer is to be paid as between the Exchequer or Consolidated Fund of Scotland and of the Imperial Government respectively. (4) The existing Scottish officers who, at the appointed day, are concerned solely with the adminis20 tration of public services in Scotland shall become officers of the Government of Scotland. (5) The existing officers in the departments to be transferred at the appointed day, as provided under this Act, who at the appointed day are concerned with 25 the administration of public services both in Scotland and in England shall be allocated as between the Imperial Government and the Government of Scotland in such manner as the two Governments may agree upon, provided that in determining whether any par30 ticular officer is to be allocated to the Imperial Government or to the Government of Scotland regard shall be had so far as the exigencies of the public service admit to the wishes of the officer. (6) Any existing Scottish officers who, at the 35 appointed day, are solely employed in public services connected with Scotland, and under the authority of the Secretary for Scotland, shall, as from the appointed day become officers of the Government of Scotland. Joint 20.-1) The Navy, the Army, the Air Force, and Adminis40 the Foreign Office, referred to in this Act as "Joint tration of Services" shall be administered jointly by the Imperial. Services. Government and the Government of Scotland; and the expenditure connected with the Joint Services A.D. 1927. shall be paid, partly by the Imperial Exchequer and partly by the Scottish Treasury in proportions to be agreed on between the two Governments: Constitution, mainten ance of Joint Administrative Council. Provided that in default of agreement between the two Governments after the questions at issue have 5 been referred to the Joint Council as provided in this Act, it shall be within the option of either Government to demand that these be separate services for each country, and on the separation of all or any one of the Joint Services each Government shall then assume 10 full responsibility for its own service. 21. (1) For the purpose of ascertaining the proportion of the cost of the Joint Services to be borne powers and by the Imperial Government and the Government of Scotland in default of agreement between the Imperial 15 Government and the Government of Scotland, and of investigating all questions affecting the administration of the Joint Services the allocation of existing officers, and such other questions of common interest as it may be found necessary. There shall be established a 20 Consultative and Advisory Council, in this Act referred to as the Joint Council, consisting of five members appointed by the Imperial Government, five members appointed by the Government of Scotland, and a permanent independent chairman appointed by His 25 Majesty the King, to which all such questions shall be referred: Provided that in cases where questions involving finance are referred to the Joint Council there shall be added to the Council one member appointed by 30 the Imperial Treasury and one member appointed by the Scottish Exchequer. (2) The Joint Council shall meet whenever it is required to do so at the request of either the Imperial Government or the Government of Scotland addressed 35 to the chairman of the Council to consider the matters referred to it; and the Joint Council shall have power to call for full information on all such matters, which shall be supplied to the Council in such manner and within such time as the Council shall prescribe : Provided that the deliverance of the Council upon the matters submitted to it shall only become 40 binding upon the two countries, when such deliverance A.D. 1927. is ratified by both Governments. (3) The Council may act by a majority, and notwithstanding any vacancy in their number; the 5 quorum at any meeting of the Council shall be three; from each Parliament in addition to the chairman; subject to the provisions of this Act and of subsequent Acts of the Scottish Parliament the Council may regulate their own procedure. 10 (4) There shall be paid to the chairman a salary of one thousand pounds each year, which shall be charged on and paid out of the Consolidated Fund of the United Kingdom and the Scottish Consolidated Fund in equal proportions. 15 (5) The expenses of the Joint Administrative Council shall be borne in equal proportions by the Imperial Government and the Government of Scotland. tutions, 22. All existing laws, institutions, and authorities Continuain Scotland, whether judicial, administrative, or minis- tion of 20 terial, and all existing taxes in Scotland shall except as existing otherwise provided by this Act, continue as if this Act laws, instihad not been passed, but with the modifications necessary &c. for adapting them to this Act, and subject, as respects matters within the powers of the Scots Parliament under 25 this Act, to repeal, abolition, alteration, and adaptation in the manner and to the extent authorised by this Act. 23. His Majesty the King in Council may place Use of under the control of the Scottish Government, for the Crown purposes of that Government, such of the lands, buildings, lands by 30 and property in Scotland vested in or held in trust for His GovernMajesty, and subject to such conditions or restrictions (if ment. any) as may seem expedient. Scottish 24. Arrangements may be made by any department Arrangeof the Government of the United Kingdom for the exercise ments between 35 and performance on behalf of that department of any depart ments of powers or duties of that department by officers of a Scottish department or by any Scottish department for the United the exercise and performance on behalf of that depart- Kingdom ment of any powers or duties of that department by officers and 40 of a department of the Imperial Government on such Scottish terms and conditions as may be agreed: and in particular, departarrangements shall be made for the joint administration exercise of powers and duties, including the admi A.D. 1927. by the Imperial Government and the Scottish Government of the Joint Services, subject to the power conferred upon the Joint Administrative Council in the event of a disagreement between the two Governments of apportioning the cost of the Joint Services to be borne by 5 nistration of the Imperial Government and the Government of Scotland, and, so long as no separation is effected, as provided for in the proviso to section twenty subsection (1): Joint Application of existing election laws. Temporary provisions as to payments into the Provided that nothing in this section shall diminish 10 in any respect the responsibility of the department by which the arrangements are made. 25. All existing election laws relating to the Commons House of the Imperial Parliament, and the members thereof, shall, so far as applicable, and 15 subject to the provisions of this Act, and especially to any provision enabling the Scots Parliament to alter those laws as respects the Scots Parliament, extend to the Scots Parliament and the members thereof. His Majesty may, by Order in Council, make 20 such provisions as may appear to him necessary or proper for making any provisions of the election laws applicable to election of members of the Scots Parliament. 26. His Majesty may, by Order in Council, make such financial arrangements and fix such sum as is 25 deemed necessary to be paid into the Scottish Exchequer and out of by the Imperial Treasury and may authorise the Lord High Commissioner to make such payments from the Scottish Exchequer as may be necessary in order to Exchequer. provide for bringing this Act into operation, but no 30 such authority shall be exercised by the Lord High Commissioner after the expiration of a a period of three months after the first meeting of the Scots Parliament. Scottish Power Orders in 27. His Majesty may by Orders in Council, (in 35 this Act referred to as Scottish Transfer Orders) make such regulations as seem necessary or proper for setting in motion the Scots Parliament and Government, and also for any other matter for which it seems to His Majesty necessary or proper to make provision for 40 the purpose of bringing this Act into full operation or for giving full effect to any provisions of this Act; 5 10 15 and in particular, His Majesty may by any such Order A.D. 1927. in Council (a) make such adaptation of any enactments as far as they relate to Scotland as may appear (b) make provisions with respect to the transfer tish Transfer 28. Any Scottish Transfer Order in Council made Effect of Scot under this Act shall have effect as if enacted in this Act. Order. 20 29. This Act shall, except as expressly provided, Commencecome into operation on the appointed day, and the ment of appointed day for the purposes of this Act shall be the Act and appointed first Tuesday in the eighth month after the month in day. which this Act is passed, or such other day not more than 25 seven months earlier or later as may be fixed by Order 30 335 40 of His Majesty in Council, but the Scots Parliament shall be summoned to meet not later than four months after the said Tuesday, and the appointed day for holding elections for the Scots Parliament shall be fixed accordingly. 30. In this Act, unless the context otherwise Definitions. requires The expression existing" means existing at the 66 The expression constituency' means a parlia- |