Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999
| Year | 1999 |
1999 No. 1096
CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
The Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999
Made 8th April 1999
Laid before Parliament 12th April 1999
Coming into force in accordance with article 1
The Secretary of State, in exercise of the powers conferred on him by sections 112(1), 113, 114(1), 124(2) and 129(1) of the Scotland Act 19981and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and commencement
1. This Order may be cited as the Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 and shall come into force–
(a) for the purposes of article 4(4) on 6th May 1999, and
(b) for all other purposes on the principal appointed day2.
Interpretation
2.—(1) In this Order, unless otherwise expressly provided–
“the Act” means the Scotland Act 1998;
“the 1946 Act” means the Statutory Instruments Act 19463;
“enactment” shall be construed in accordance with section 126(1) of the Act and includes any enactment comprised in this Order;
“Queen’s Printer” means the Queen’s Printer for Scotland;
“relevant Scottish public authority” means a Scottish public authority with mixed functions or no reserved functions;
“responsible authority”, in relation to a Scottish statutory instrument, means–
(a) where the instrument is made, confirmed or approved by a member of the Scottish Executive, that member; and
(b) in any other case, the person or the relevant Scottish public authority who made, confirmed or approved that instrument as mentioned in article 4(1)(b) or (c), except that, where the instrument is an Order in Council or an order made by the Privy Council, the responsible authority means the member of the Scottish Executive responsible for the preparation of the draft of the Order submitted to Her Majesty in Council or, as the case may be, to the Privy Council;
“Scottish statutory instrument” shall be construed in accordance with article 4(2); and
“special parliamentary procedure” means such special procedure as may be provided by or under an Act of the Scottish Parliament for the purposes of section 94(2)(b) of the Act for any provision made for the same purpose in subordinate legislation under section 129(1) of that Act.
(2) Unless otherwise expressly provided, any reference in this Order to a numbered article is to an article bearing that number in this Order and any reference in an article in this Order to a numbered paragraph is to a paragraph bearing that number in that article.
Modification of enactments
3.—(1) Any reference in section 1 of the 1946 Act–
(a)
(a) to an Act passed after the commencement of the 1946 Act shall be construed as including a reference to an Act of the Scottish Parliament; and
(b)
(b) to a Minister of the Crown shall be construed as including a reference to the Scottish Ministers and to a relevant Scottish public authority.
(2) In relation to a Scottish statutory instrument, the following articles of this Order shall apply (in spite of anything in the 1946 Act) in place of sections 2 to 8 of that Act.
(3) In relation to such an instrument–
(a)
(a) paragraph (2) does not disapply sections 4(3), 5(2) and 6(2) of the 1946 Act, but
(b)
(b) the reference in each of those subsections to the foregoing provisions of the section in question shall be read as a reference to article 10, 11 or 12 (respectively).
(4) So far as a power to make, confirm or approve subordinate legislation is conferred on the Scottish Ministers or a relevant Scottish public authority, any enactment which applies section 1 of the 1946 Act as if the power were conferred on any other person shall cease to have effect.
(5) So far as a power to make, confirm or approve subordinate legislation is exercisable within devolved competence and conferred on a person other than a Minister of the Crown, the Scottish Ministers or a relevant Scottish public authority, section 1 of the 1946 Act shall have effect as if the power were conferred on the Scottish Ministers.
(6) Where paragraph (4) or (5) applies, section 118(5) of the Act shall not apply.
(7) References in this article to the Scottish Ministers include the First Minister and the Lord Advocate.
(8) In any enactment passed or made before the principal appointed day, any reference to section 5(1) or 7 of the 1946 Act shall, in relation to a Scottish statutory instrument, be construed as a reference to article 11 or, as the case may be, article 13(1).
Application
4.—(1) This Order shall apply in relation to–
(a)
(a) the exercise by a member of the Scottish Executive of a function to make, confirm or approve subordinate legislation conferred by an enactment;
(b)
(b) the exercise by a relevant Scottish public authority of a function to make, confirm or approve subordinate legislation conferred by an enactment; or
(c)
(c) the exercise, within devolved competence, by a person other than a Minister of the Crown, a member of the Scottish Executive or a relevant Scottish public authority of a function to make, confirm or approve subordinate legislation conferred by an enactment,
where the document by which that function is exercised is (whether by virtue of this Order or otherwise) a statutory instrument and is not an excepted instrument.
(2) A statutory instrument by which such a function is so exercised and which is not an excepted instrument shall be known as a Scottish statutory instrument.
(3) An excepted instrument is one–
(a)
(a) which is made by a Minister of the Crown with the agreement of a member of the Scottish Executive or of a relevant Scottish public authority;
(b)
(b) which is made jointly by a Minister of the Crown and by a member of the Scottish Executive or by a relevant Scottish public authority; or
(c)
(c) which is an Order in Council made by Her Majesty under section 1 of the United Nations Act 19464.
(4) Articles 10 to 15 as they apply (or will, as from the principal appointed day, apply) to a Scottish statutory instrument shall also apply where any enactment provides, or has the effect of providing, that any other statutory instrument is–
(a)
(a) to be laid before the Scottish Parliament after being made; or
(b)
(b) to be subject to annulment in pursuance of a resolution of the Scottish Parliament,
or that any draft of any other statutory instrument is to be laid before the Scottish Parliament.
(5) Article 14 as it applies to a Scottish statutory instrument shall also apply where any enactment provides, or has the effect of providing, that any other instrument or document is to be laid before the Scottish Parliament.
(6) This article (apart from this paragraph) and the following articles shall cease to have effect on the day appointed by or under an Act of the Scottish Parliament.
Numbering and citation
5.—(1) Immediately after the making of any Scottish statutory instrument, the responsible authority shall send it to the Queen’s Printer who shall number it in accordance with the following provisions.
(2) All Scottish statutory instruments shall have the heading “SCOTTISH STATUTORY INSTRUMENTS” and shall be–
(a)
(a) allocated to the series of the calendar year in which they are made; and
(b)
(b) numbered in that series consecutively as nearly as possible in the order in which they are received by the Queen’s Printer,
except that, where any such instrument–
(i)
(i) will not take effect unless it is approved by the Scottish Parliament; or
(ii)
(ii) is subject to special parliamentary procedure, or will become subject thereto in certain events,
the instrument may be allocated and numbered as if it had been made and received on the date on which the responsible authority notifies the Queen’s Printer that the instrument has or will come into force.
(3) Any Scottish statutory instrument may, without prejudice to any other mode of citation, be cited by the letters “S.S.I.” followed by the calendar year...
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