Scots Makar Act 2018 1

MODEL
SCOTTISH PARLIAMENT

Scots Makar Bill

SP Bill 32

(as introduced)

An Act of the Scottish Parliament to establish the position of a Scots Makar; to make provision
about the functions of the Scots Makar; and for connected purposes.

The Makar

1 The Scots Makar

(1) There is to be a Scots Makar.
(2) The Scots Makar is to be appointed—
(a) by Her Majesty on the recommendation of the First Minister, and
(b) for such period not exceeding 5 years as Her Majesty may determine.

2 Duties of the Makar

(1) The Scots Makar must promote—
(a) the reading and writing of poetry,
(b) the values of literacy,
(c) the inclusion and use of poetry in education, and
(d) the preservation of historically or culturally significant poetic works.
(2) The Scots Makar—
(a) may write poetry, especially to commemorate events of historical, cultural, or other
significance, and
(b) must provide the Scottish Ministers with such information or advice as they may
reasonably require in connection with the Makar’s duties under this section.
(3) The Scots Makar must secure that a work produced by the Makar during the Makar’s term
of appointment is made available, for use in any manner, to—
(a) the Scottish Ministers,
(b) the Scottish Qualifications Authority,
(c) Creative Scotland.
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3 Remuneration and expenses

(1) The Scottish Ministers must pay to Scots Makar such salary as they may determine.
(2) The Scottish Ministers may by regulations make provision for a scheme for their paying
of such additional sums to the Scots Makar as are necessary to enable the Makar to carry
out the functions of the Makar under this Act.
(3) Regulations under this section—
(a) are subject to the affirmative procedure;
(b) may include such incidental, supplementary, consequential, transitional, transitory,
or saving provision as the Scottish Ministers consider appropriate.

4 Exclusion of Crown status

Neither the Makar nor any member of the Makar’s staff—
(a) is a servant or agent of the Crown,
(b) enjoys any status, immunity, or privilege of the Crown.

Appointment committee

5 The Scots Makar Appointment Committee

(1) Creative Scotland is to establish a committee (known as the “Scots Makar Appointment
Committee”) to perform the functions of such a committee under this Act.
(2) The Committee is to consist of—
(a) a member of Creative Scotland, and
(b) such other members as appear to Creative Scotland to be appropriate.
(3) Creative Scotland must ensure, in appointing members of the Committee under subsection
(2)(b), that there are appointed appropriate representatives of—
(a) persons responsible for the provision of literacy education,
(b) writers, authors, poets, or similar,
(c) speakers of Scottish Gaelic, and
(d) libraries.
(4) The Scottish Ministers may by regulations subject to the negative procedure amend
subsection (3) so as to add, remove, or vary a description of a person or body who must
be represented on the Committee.
(5) The Committee must, at the request of the First Minister, recommend to the First Minister
such persons as it considers are suitable appointees to the position of Scots Makar.
(6) In making a recommendation under section 1, the First Minister is to have regard to the
recommendations of the Committee (but need not select a person so recommended).

General

6 Guidance
(1) The Scots Makar must have regard to any written guidance given by the Scottish Ministers
in relation to the performance of the Makar’s functions.
(2) The Scottish Ministers must publish any such guidance as soon as practicable after it is
communicated to the Scots Makar.
Scots Makar Act 2018 3

7 Commencement
This Act comes into force on the day after Royal Assent.

8 Short title
The short title of this Act is the Scots Makar Act 2018.