Scotland Act 1978

The Scotland Act of 1978 was an initial, but failed, legislative attempt for Scottish devolution.

Had it been passed, the Scotland Act 1978 would have created a Scottish Assembly. The creation of the Scotland Act 1978 was a result of the Labour Party created Royal Commission on the Constitution’s (also referred to as the Kilbrandon Comission) report. As a response to a growing demand for Scottish Independence in government and recommendation of the committee, the Scotland Act was introduced and received Royal Assent on the 31st July 1978.

The Scotland Act 1978 possessed within it an inherent condition that upon passing a referendum vote must be held to gauge Scottish opinion of it. The results of the referendum would be used to ultimately either pass or dismiss the act, a total approval of 40% of the voting population was required. While the Scotland Act 1978 did receive a 51.6% approval, this only represented 32.9% of the registered electorate. With this inadequate percentage, the Scotland Act 1978 did not pass and called upon its provision of a Statutory Instrument repealing the Act.

The Scotland Act 1978 is said to have suffered such little support due primarily to the powers it vested the Scottish Assembly and those that it left to the British Parliament. The Scotland Act 1978 prescribed a specific set of abilities to the newly formed Scottish Assembly, leaving all that is unmentioned to Westminster. The successful Scotland Act 1998 was created in the opposite direction, with only mentioned powers being left to England, and all else being devolved to Scotland.