Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999

JurisdictionUK Non-devolved
CitationSI 1999/1820

1999No. 1820

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999

24thJune1999

Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament in accordance with section 115 of, and paragraphs 1, 2 and 3 of Schedule 7 to, the Scotland Act 1998( 1)

Now, therefore, in exercise of the powers conferred upon me by sections 105, 112(1) and 113 of, and paragraph 14 of Schedule 4 to, that Act and of all other powers enabling me in that behalf, I hereby make the following Order:

Citation, commencement and interpretation

1.-(1) This Order may be cited as the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999.

(2) Subject to paragraph (3), this Order shall come into force on the principal appointed day( 2)

(3) The following provisions of this Order shall come into force immediately before the principal appointed day-

(a) paragraph 19(3) of Part I of Schedule 2;(b) paragraph 52(2) of Part I of Schedule 2;(c) paragraph 108(4) of Part I of Schedule 2;(d) paragraph 131(5) of Part I of Schedule 2; and(e) paragraph 166(5) of Part II of Schedule 2.

(4) In this Order "the 1998 Act" means the Scotland Act 1998.

General modification of enactments

2.-(1) This article applies to any provision that is contained in-

(a) any pre-commencement enactment, or(b) any prerogative instrument, or any other instrument or document, made before the principal appointed day.

(2) Any reference in any provision-

(a) to government departments; or(b) to, or to any part or officer of, any government department,

(however described in that provision), is to be read, so far as the effect of the 1998 Act makes it necessary or expedient to do so, as including or being a reference to, or to any corresponding part or member of the staff of, the Scottish Administration.

(3) Paragraph (2) above shall not apply to the provisions or enactments mentioned in Schedule 1 to this Order.

3. So far as may be necessary or expedient in consequence of section 94 of the 1998 Act, in any pre-commencement enactment or prerogative instrument, and other instrument or document made before the principal appointed day-

(a) any reference to an order confirmed by Act of Parliament or to an order confirmed by Parliament shall be read as including an order confirmed by an Act of the Scottish Parliament; and(b) any reference to an order subject to special parliamentary procedure shall be read as including an order subject to such special procedure as may be provided by or under an Act of the Scottish Parliament or under section 129(1) of the 1998 Act.

Amendments and repeals

4. The modifications specified in Parts I, II and III of Schedule 2 to this Order and the repeals specified in Part IV of that Schedule shall have effect.

Saving

5. Nothing in Schedule 2 to this Order prejudices the general operation of the modifications in articles 2(2) and 3 of this Order or sections 117 to 122 of the 1998 Act.

John Reid

Secretary of State for Scotland

St Andrew's House,

Edinburgh

24th June 1999

SCHEDULE 1

Article 2(3)

PART I

PROVISIONS OR ACTS TO WHICH ARTICLE 2(2) DOES NOT APPLY

Crown Suits (Scotland) Act 1857 (c. 44)

Exchequer and Audit Departments Act 1866 (c. 39)

Defence of the Realm (Acquisition of Land) Act 1916 (c. 63)

Defence of the Realm (Acquisition of Land) Act 1920 (c. 79)

Exchequer and Audit Departments Act 1921 (c. 52)

Crown Proceedings Act 1947 (c. 44)

Exchequer and Audit Departments Act 1957 (c. 45)

Defence Contracts Act 1958 (c. 38), sections 2 and 4

Nuclear Installations Act 1965 (c. 57), section 23(2)(b)

Parliamentary Commissioner Act 1967 (c. 13)

Trade Descriptions Act 1968 (c. 29), sections 28, 29 and 33

European Communities Act 1972 (c. 68)

Fair Trading Act 1973 (c. 41), sections 135 and 137

Government Trading Funds Act 1973 (c. 63)

Restrictive Trade Practices Act 1976 (c. 34), section 33(6)

Civil Jurisdiction and Judgements Act 1982 (c. 27)

National Audit Act 1983 (c. 44)

Ordnance Factories and Military Services Act 1984 (c. 59), section 17

Crown Proceedings (Armed Forces) Act 1987 (c. 25), section 4

Consumer Protection Act 1987 (c. 43), sections 38(6) and 45

PART II

SUBORDINATE LEGISLATION TO WHICH ARTICLE 2(2) DOES NOT APPLY

General Product Safety Regulations 1994 (S.I. 1994/2328)

SCHEDULE 2

Article 4

PART I

MODIFICATIONS OF ACTS OF PARLIAMENT

Heritable Jurisdictions (Scotland) Act 1746 (c. 43)

1. Section 43 of the Heritable Jurisdictions (Scotland) Act 1746 (Sheriff's fines abolished)( 3) is omitted.

Sea Fisheries Act 1868 (c. 45)

2. In section 64 of the Sea Fisheries Act 1868 (application of penalties), at the end there is inserted "or, in relation to Scotland, shall be paid into the Scottish Consolidated Fund".

Land Registers (Scotland) Act 1868 (c. 64)

3.-(1) The Land Registers (Scotland) Act 1868 is amended as follows.

(2) In section 13 (no higher fees to be chargeable for writs registered for preservation and execution as well as publication), the words from "and the salaries" to the end are omitted.

(3) In section 25 (fees), "with the consent of the Treasury" is omitted.

College Charter Act 1871 (c. 63)

4. In section 2 of the College Charter Act 1871 (copy of college charter to be laid before Parliament), after "Houses of Parliament" there is inserted "or, in the case of an application in respect of a college or university which will have its principal establishment in Scotland, before the Scottish Parliament".

Sea Fisheries Act 1883 (c. 22)

5. In section 21(1) of the Sea Fisheries Act 1883 (application of fines), at the end there is inserted "or, in relation to Scotland, be paid into the Scottish Consolidated Fund".

Sea Fisheries (Scotland) Amendment Act 1885 (c. 70)

6.-(1) The Sea Fisheries (Scotland) Amendment Act 1885 is amended as follows.

(2) For "Secretary of State", in each place where it appears except the second reference to that term in section 7, there is substituted "Scottish Ministers".

(3) In section 2 (application), for "parts of the sea adjoining Scotland" there is substituted "Scottish zone; and in this Act, "the Scottish zone" has the same meaning as in the Scotland Act 1998".

(4) In sections 5 (identification of steam trawlers fishing off Scotland), 6 (power to require statistics of sea fisheries)( 4) and 7 (compensation)( 5) for "any part of the sea adjoining Scotland" there is substituted "the Scottish zone".

(5) In section 7, for "an officer of the Secretary of State" there is substituted "a member of the staff of the Scottish Administration".

Universities (Scotland) Act 1889 (c. 55)

7. In section 9 of the Universities (Scotland) Act 1889 (constitution of Scottish Universities Committee of Privy Council)( 6) for "Secretary of State" there is substituted "First Minister".

Fisheries Act 1891 (c. 37)

8. In section 6(1) of the Fisheries Act 1891 (construction, title and commencement of this Part of Act)( 7) for "parts of the sea adjoining Scotland" there is substituted "Scottish zone within the meaning of the Scotland Act 1998".

Courts of Law Fees (Scotland) Act 1895 (c. 14)

9. In section 2(1) of the Courts of Law Fees (Scotland) Act 1895 (power of Secretary of State to regulate court fees etc.)( 8)

(a) "with the concurrence of the Treasury" is omitted; and(b) in paragraph (a), for "out of the Consolidated Fund or out of moneys provided by Parliament" there is substituted "by the Scottish Ministers".

National Galleries of Scotland Act 1906 (c. 50)

10. In the Schedule to the National Galleries of Scotland Act 1906 (further provision as to Board)( 9)

(a) in paragraph 4(5) ,"given with the Treasury's consent" is omitted;(b) in paragraph 6 ,"with the Treasury's approval" is omitted;(c) in paragraph 8(3), "with the Treasury's consent" is omitted; and(d) in paragraph 8(5), for "Comptroller and Auditor General" there is substituted "Auditor General for Scotland".

Census Act 1920 (c. 41)

11. In section 9 of the Census Act 1920 (application to Scotland)( 10)-

(a) in subsection (1) for "the Secretary of State" there is substituted "the Scottish Ministers"; and(b) after subsection (2) there is inserted-"(3) The Scottish Parliament shall be substituted for references to Parliament or either House of Parliament.(4) In section 2(3) "with the sanction of the Treasury" is omitted.".

Conveyancing (Scotland) Act 1924 (c. 27)

12. In section 34 (service of notice)( 11), for "Secretary of State" there is substituted "Scottish Ministers".

National Library of Scotland Act 1925 (c. 73)

13.-(1) The National Library of Scotland Act 1925 is amended as follows.

(2) In section 2A(2) (appointment of Librarian)( 12), "given with the Treasury's consent" is omitted.

(3) In the Schedule (constitution and proceedings of Board)( 13)-

(a) in paragraph 1 for "The Secretary of State" and "The Member of Parliament for Edinburgh Central" there is substituted respectively "A member of the Scottish Executive" and "The Member of the Scottish Parliament for Edinburgh Central";(b) in paragraph 8(3) "with the Treasury's consent" is omitted; and(c) in paragraph 8(5) for "Comptroller and Auditor General" there is substituted "Auditor General for Scotland".

Sheriff Courts and Legal Officers (Scotland) Act 1927 (c. 35)

14.-(1) The Sheriff Courts and Legal Officers (Scotland) Act 1927 is amended as follows.

(2) Section 6 (tenure of whole-time officers)( 14) is omitted.

(3) In section 12 (prosecutions at instance of procurator fiscal)( 15), the words from "and, where" to the end are omitted.

(4) Section 13 (expenses) is omitted.

Administration of Justice (Scotland) Act 1933 (c. 41)

15.-(1) The Administration of Justice (Scotland) Act 1933 is amended as follows.

(2) In section 23(1) (appointment of clerks in the Court of Justiciary), for "Secretary of State" there is substituted "Scottish Ministers".

(3) In section 24 (appointment of officers of the Court of Session)( 16)-

(a) in subsection (1)-(i) for "Secretary of State" there is substituted...

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