Scotland Act 1998 (Transitory and Transitional Provisions)(Salaries and Allowances) Order 1999

JurisdictionUK Non-devolved
CitationSI 1999/1097
Year1999

1999 No. 1097

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scotland Act 1998 (Transitory and Transitional Provisions)(Salaries and Allowances) Order 1999

Made 8th April 1999

Laid before Parliament 12th April 1999

Coming into force 6th May 1999

The Secretary of State, in exercise of the powers conferred on him by sections 112(1), 113 and 129(1) of the Scotland Act 19981and of all other powers enabling him in that behalf hereby makes the following Order:

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Scotland Act 1998 (Transitory and Transitional Provisions) (Salaries and Allowances) Order 1999 and shall come into force on 6th May 1999.

S-2 Interpretation

Interpretation

2.—(1) In this Order–

“the Act” means the Scotland Act 1998;

“general election” means an ordinary or extraordinary general election for membership of the Parliament held under section 2 or section 3 of the Act; and

“year” means a year starting with 1st April.

(2) For the purposes of this Order, a person who is a member of the Parliament immediately before the Parliament is dissolved shall be treated–

(a)

(a) if he continues to hold office by virtue of section 19(2) (term of office of the Presiding Officer and deputies) of, or paragraph 1 of Schedule 2 (term of office of members of the Parliamentary corporation) to, the Act, as if he were such a member until the end of the day on which he ceases to hold such office; and

(b)

(b) if he does not fall within sub-paragraph (a) but is nominated as a candidate at the subsequent general election, as if he were such a member until the end of the day on which the election is held.

(3) In this Order, any reference to a numbered article is to the article bearing that number in this Order, and any reference in an article of this Order to a numbered paragraph is to the paragraph bearing that number in that article.

S-3 Period of application of this Order

Period of application of this Order

3.—(1) The provisions of this Order, other than this article and article 9, shall cease to apply on the coming into force of any provision made by the Parliament, in accordance with section 81(1) of the Act (salaries of members of the Parliament etc.), for the payment of salaries to members of the Parliament or members of the Scottish Executive and junior Scottish Ministers.

(2) Article 9 shall cease to apply on the coming into force of any provision made by the Parliament, in accordance with section 81(2) of the Act (allowances for members of the Parliament etc.) for the payment of allowances to members of the Parliament.

S-4 Salaries payable to members of the Parliament

Salaries payable to members of the Parliament

4.—(1) Subject to paragraph (2), there shall be payable to every member of the Parliament a salary at the yearly rate of £40,092.

(2) For any period during which a salary is payable to a member of the Parliament pursuant to a resolution (or combination of resolutions) of either House of Parliament relating to the remuneration of members of that House, or under section 1 of the European Parliament (Pay and Pensions) Act 19792(remuneration of United Kingdom MEPs), the yearly rate of the salary payable by virtue of this article to that member for that period shall be reduced by two-thirds.

(3) The salary payable by virtue of this article to a member of the Parliament shall be payable for the period beginning with the day on which he is declared to be returned as a member of the Parliament and ending with the day on which he ceases to be a member of the Parliament.

S-5 Salaries payable to Presiding Officer and deputy Presiding Officer

Salaries payable to Presiding Officer and deputy Presiding Officer

5.—(1) In addition to any salary payable by virtue of article 4–

(a)

(a) there shall be payable to a member of the Parliament holding the office of Presiding Officer a salary at the yearly rate of £33,360; and

(b)

(b) there shall be payable to a member of the Parliament holding the office of deputy Presiding Officer a salary at the yearly rate of £17,305.

(2) The salary payable by virtue of this article to a member of the Parliament holding any such office shall be payable for the period during which he holds that office.

S-6 Salaries payable to members of the Scottish Executive and junior Scottish Ministers

Salaries payable to members of the Scottish Executive and junior Scottish Ministers

6.—(1) In addition to any salary payable by virtue of article 4, there shall be payable to the holder...

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