This section enables Her Majesty or a Minister of the Crown to make subordinate legislation, subject to procedure at Westminster, modifying any pre-commencement enactment, prerogative instrument or other instrument or document as is considered necessary or expedient in consequence of the Scotland Act.
Given the wide implications of devolution, it would be impractical for the present Act to make provision for every modification of a pre-commencement enactment, prerogative instrument or other instrument or document which may be necessary as a consequence of the Act. Some modifications are, however, made in sections 117-123 and in Schedule 8.
| Stage | Date | Column |
|---|---|---|
| CR | 12-May-98 | 244 |
| LC | 8-Oct-98 | 624 |
| L3 | 9-Nov-98 | 598 |
The section provides that subordinate legislation may such make modifications of any pre-commencement enactment, prerogative instrument or other instrument or document as are considered necessary or expedient in consequence of the Scotland Act.
For the definition of “pre-commencement enactment”, see section 53(3).
Further provision about the making of subordinate legislation is to be found in sections 112 to 115 and Schedule 7. It may take the form of an Order in Council or an order made by a Minister of the Crown. It is subject to the negative procedure at Westminster unless it modifies primary legislation, in which case it is subject to the affirmative procedure.
This power has been exercised up to September 2001 in making:
The Scotland Act 1998 (Consequential Modifications) (No. 1) Order 1999 (S.I. 1999/1042);
The Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820);
The Scotland Act 1998 (Consequential Modifications) Order 2000 ( S.I. 2000/2040);
The Scotland Act 1998 (Consequential Modifications) Order 2001 (S.I. 2001/1400).