Scotland Act 1998 (Consequential Modifications) (No.1) Order 1999

JurisdictionUK Non-devolved
CitationSI 1999/1042

1999 No. 1042

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scotland Act 1998 (Consequential Modifications) (No.1) Order 1999

Made 26th March 1999

Whereas a draft of this instrument was laid before and approved by a resolution of each House of Parliament in accordance with section 115(1) of, and paragraphs 1, 2 and 3 of Schedule 7 to, the Scotland Act 19981;

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by sections 105, 112(1), 113 and 129(1) of the Scotland Act 1998, and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation
S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

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

(2) This Order shall come into force as follows:–

(a)

(a) articles 1 to 3 shall come into force on 6th May 1999;

(b)

(b) article 4 shall come into force on the date of coming into force of section 44(1)(c) of the 1998 Act2; and

(c)

(c) article 5 shall come into force on the principal appointed day3.

(3) In this Order, “the 1998 Act” means the Scotland Act 1998.

Modification of definition of “pre-commencement enactment”
S-2 Modification of definition of “pre-commencement enactment”

Modification of definition of “pre-commencement enactment”

2. Until section 53 of the 1998 Act comes into force4any reference in the 1998 Act to a pre-commencement enactment shall be read as a reference to–

(a) an Act passed before or in the same session as the 1998 Act and any other enactment made before the passing of the 1998 Act,

(b) an enactment made, before 6th May 1999, under such an Act or such other enactment.

Amendments and repeals

Amendments and repeals

S-3 The modifications specified in Parts I and II of Schedule 1...

3. The modifications specified in Parts I and II of Schedule 1 to this Order, and the repeal specified in Part III of that Schedule, shall have effect.

S-4 The modifications specified in Parts I and II of Schedule 2...

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

S-5 The modifications specified in Parts I and II of Schedule 3...

5. The modifications specified in Parts I and II of Schedule 3 to this Order shall have effect.

Henry B McLeish

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

26th March 1999

SCHEDULE 1

Article 3

MODIFICATIONS WHICH COME INTO FORCE ON 6TH MAY 1999

1 MODIFICATIONS OF PUBLIC GENERAL ACTS

PART I

MODIFICATIONS OF PUBLIC GENERAL ACTS

Documentary Evidence Act 1868 (c. 37)

Documentary Evidence Act 1868 (c. 37)

SCH-1.1

1.—(1) The Documentary Evidence Act 1868 is amended as follows.

(2) In section 2 (mode of proving certain documents)–

(a)

(a) after “officer”, in the first place where it appears, there is inserted “or office-holder in the Scottish Administration”; and

(b)

(b) in paragraph (3), after “officers” there is inserted “or office-holders” and after “officer” there is inserted “or office-holder”.

(3) In section 5(1) (definition of terms)–

(a)

(a) in the definition of “Government printer”, after “Her Majesty,” there is inserted “the Queen’s Printer for Scotland,”; and

(b)

(b) in the appropriate place there is inserted ““office-holder in the Scottish Administration” has the same meaning as in the Scotland Act 1998.”.

(4) In the Schedule–

(a)

(a) in the appropriate place in column 1, there is inserted “any office-holder in the Scottish Administration”; and

(b)

(b) in the corresponding place in column 2, there is inserted “a member of the staff of the Scottish Administration”.

Promissory Oaths Act 1868 (c. 72)

Promissory Oaths Act 1868 (c. 72)

SCH-1.2

2.—(1) The Promissory Oaths Act 1868 is amended as follows.

(2) After section 5 (persons to take the oath of allegiance and official oath), there is inserted–

SCH-1.5A

Taking of oaths by members of Scottish Executive

5A. Where the official oath or oath of allegiance is required to be taken by any member of the Scottish Executive in accordance with section 84(4) of the Scotland Act 1998, it shall be tendered to him by the Lord President of the Court of Session at a sitting of the Court.”.

(3) In section 7 (penalty on not taking required oath)–

(a)

(a) after “hereto” there is inserted “or any member of the Scottish Executive”; and

(b)

(b) after “Act” there is inserted “or section 84(4) of the Scotland Act 1998”.

(4) In section 9 (prohibition of oath of allegiance except in accordance with Act), after “the Parliamentary Oaths Act 1866,” there is inserted “and the Scotland Act 1998,”.

Documentary Evidence Act 1882 (c. 9)

Documentary Evidence Act 1882 (c. 9)

SCH-1.3

3. In section 2 of the Documentary Evidence Act 1882 (documents printed under superintendence of Stationery Office receivable in evidence), after “Queen’s Printer,” there is inserted “or the Queen’s Printer for Scotland,”.

Secretary for Scotland Act 1885 (c. 61)

Secretary for Scotland Act 1885 (c. 61)

SCH-1.4

4. Section 8 of the Secretary for Scotland Act 1885 (Secretary to be Keeper of the Great Seal) is omitted.

Parliamentary Commissioner Act 1967 (c. 13)

Parliamentary Commissioner Act 1967 (c. 13)

SCH-1.5

5. In section 4 of the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), after subsection (3A)5there is inserted–

SCH-1.3B

“3B No entry shall be made in respect of any member of the Scottish Executive or in respect of the Scottish Parliamentary Corporate Body.”.

Post Office Act 1969 (c. 48)

Post Office Act 1969 (c. 48)

SCH-1.6

6. In section 84 of the Post Office Act 1969 (exemption from postage of certain petitions and addresses, and limitation of amount of postage recoverable in respect of Parliamentary proceedings), at the end there is inserted–

SCH-1.4

“4 In the application of this section to Scotland, the references to either House of Parliament include the Scottish Parliament and the reference to Parliamentary proceedings includes proceedings of the Scottish Parliament.”.

Juries Act 1974 (c. 23)

Juries Act 1974 (c. 23)

SCH-1.7

7. In Part III of Schedule 1 to the Juries Act 1974 (persons excusable as of right from jury service), after the entries under the heading “National Assembly for Wales”6there is inserted–

“Public OfficialsThe Auditor General for Scotland.”.

Solicitors (Scotland) Act 1980 (c. 46)

Solicitors (Scotland) Act 1980 (c. 46)

SCH-1.8

8. In section 59(2) of the Solicitors (Scotland) Act 1980 (authority of notaries public to administer oaths), at the end there is inserted “or before the Scottish Parliament or any committee thereof”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

SCH-1.9

9. In Part III of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (persons excusable as of right from jury service), before Group C7there is inserted–

“(Group BB)

“(Group BB) Public Officials

The Auditor General for Scotland.”.

British Nationality Act 1981 (c. 61)

British Nationality Act 1981 (c. 61)

SCH-1.10

10. In section 50(1) of the British Nationality Act 1981 (interpretation), in the definition of “Crown service under the government of the United Kingdom”, after “Northern Ireland” there is inserted “or under the Scottish Administration”.

Legal Aid (Scotland) Act 1986 (c. 47)

Legal Aid (Scotland) Act 1986 (c. 47)

SCH-1.11

11.—(1) The Legal Aid (Scotland) Act 1986 is amended as follows.

(2) In section 21 (scope and nature of criminal legal aid), after subsection (1)(b) there is inserted–

“(c)

“(c) any reference, appeal or application for special leave to appeal to the Judicial Committee of the Privy Council under paragraph 11 or 13(a) of Schedule 6 to the Scotland Act 1998”.

(3) In section 25AA8(legal aid in respect of appeals under section 303A of the 1995 Act)–

(a)

(a) in subsection (1) for the words “section 25 of this Act applies” there is substituted “sections 25 and 25AB of this Act apply”;

(b)

(b) in subsection (2) after the words “section 25” there are inserted the words “or section 25AB”;

(c)

(c) in subsection (3)(a) after the words “section 25” there are inserted the words “or section 25AB”; and

(d)

(d) in subsection (4)(a) for the words “section 25(2)(a)” there is substituted “sections 25(2)(a) and 25AB(2)”.

(4) After section 25AA there is inserted–

SCH-1.25AB

Legal aid in references, appeals or applications for special leave to appeal to the Judicial Committee of the Privy Council

25AB.—(1) This section shall apply to criminal legal aid in connection with any reference, appeal or application for special leave to appeal to the Judicial Committee of the Privy Council under paragraph 11 or 13(a) of Schedule 6 to the Scotland Act 1998.

(2) Subject to regulations made under section 21(2) of this Act criminal legal aid to which this section applies shall be available on an application made to the Board if–

(a)

(a) the Board is satisfied after consideration of the financial circumstances of the applicant that the expenses of the reference, appeal or application for special leave to appeal cannot be met without undue hardship to the applicant or his dependants; and

(b)

(b) in the case of an application for special leave to appeal, the Board is satisfied in all the circumstances of the case that it is in the interests of justice that the applicant should receive legal aid.

(3) The Board may require a person receiving criminal legal aid under this section to comply with such conditions as it considers expedient to enable it to satisfy itself from time to time that it is reasonable for him to continue to receive criminal legal aid.

(4) Criminal legal aid shall not be available under this section in connection with a reference under paragraph 11 of Schedule 6 to the Scotland Act 1998 where criminal legal aid was made available under section 23, 24 or 25...

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