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Scotland Act 1998

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Changes over time for: SCHEDULE 7

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Version Superseded: 26/06/2018

Status:

Point in time view as at 01/04/2018.

Changes to legislation:

Scotland Act 1998, SCHEDULE 7 is up to date with all changes known to be in force on or before 13 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Section 115.

SCHEDULE 7U.K. Procedure for subordinate legislation

This schedule has no associated Explanatory Notes

General provisionU.K.

1(1)Subordinate legislation (or a statutory instrument containing it) under a provision listed in the left-hand column is subject to the type of procedure in the right-hand column.U.K.

(2)This paragraph is subject to paragraphs 3 and 4.

Provision of the ActType of procedure
Section 2(1)Type C
[F1Section 2(2B) Type L]
Section 12(1)

[F2Type L]

[F3Section 12A

Type C]

Section 15Type D
Section 18(5)Type J
Section 30Type A
Section 35Type I
Section 38Type J
Section 56(2)Type G
Section 58Type I
Section 60Type G
Section 62Type G
Section 63Type A
Section 64(5)Type K
[F4Section 65A Type K]

[F5Section 66(5)

Type E

Section 67A(2)

Type E]

Section 67(3)Type E
Section 71(6)Type K
Section 79Type E

[F6Section 80B

Type A]

[F7Section 80G(1), (1A) or (2)

Type E

Section 80G(1B)

Type K]

Section 88Type I
Section 89Type F
Section 90Type F

[F8Section 90B

Type C]

Section 93Type H
[F9Section 96AType C]
Section 97 [F10Type D]
F11. . . F11. . .
Section 104Type G
Section 105Type G
Section 106Type G
Section 107Type G
Section 108Type A
Section 109Type H
Section 110(1)Type C
Section 110(2)Type I
Section 111Type A

[F12Section 113(12)

Type A]

Section 116(9)Type G
Section 124(1)Type G
Section 126(2)Type B
Section 126(8)Type H
Section 129(1)Type G
Schedule 2, paragraph 2Type G
Schedule 2, paragraph 7Type H

[F13Schedule 5, Part 3, paragraph 2A

Type A]

Notes

  • The entry for section 58 does not apply to an instrument containing an order merely revoking an order under subsection (1) of that section.

  • The entry for section 79, in relation to an instrument containing an order which makes only such provision as is mentioned in section 79(3), is to be read as referring to type K instead of type E.

Textual Amendments

F1Words in Sch. 7 para. 1(2) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 5(8), 72(4)(a); S.I. 2017/608, reg. 2(1)(c)

F2Words in Sch. 7 para. 1 substituted (1.7.2015) by Scotland Act 2012 (c. 11), ss. 3(3)(a), 44(5); S.I. 2015/682, art. 2(b) (with saving in S.I. 2015/683, art. 2)

F3Words in Sch. 7 para. 1 inserted (1.7.2015) by Scotland Act 2012 (c. 11), ss. 3(3)(b), 44(5); S.I. 2015/682, art. 2(b) (with saving in S.I. 2015/683, art. 2)

F4Sch. 7 para. 1(2) entry inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 67(3), 72(5); S.I. 2016/1178, reg. 2(c)

F5Words in Sch. 7 para. 1 inserted (12.12.2014) by Scotland Act 2012 (c. 11), ss. 32(12), 44(4)(b); S.I. 2014/3250, art. 2

F6Words in Sch. 7 para. 1 inserted (1.7.2012) by Scotland Act 2012 (c. 11), ss. 23(6), 44(2)(b)

F7Words in Sch. 7 para. 1(2) inserted (17.7.2014) by Finance Act 2014 (c. 26), Sch. 38 para. 16(10)(b)

F8Words in Sch. 7 para. 1(2) inserted (23.3.2016) by Scotland Act 2016 (c. 11), ss. 36(5), 72(1)(b)

F9Words in Sch. 7 para. 1(2) inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 21(3), 72(5); S.I. 2016/1178, reg. 2(b)

F10Words in Sch. 7 para. 1 substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 12(3), 72(4)(a); S.I. 2017/608, reg. 2(1)(j)

F11Sch. 7 para. 1(2) table: entry relating to section 103(3)(a) and (b) repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 146, 148(1), Sch. 9 para. 107, Sch. 18 Pt. 5; S.I. 2009/1604, art. 2

F12Words in Sch. 7 para. 1 inserted (31.10.2012) by Scotland Act 2012 (c. 11), ss. 39(4), 44(5); S.I. 2012/2516, art. 2(e)

F13Words in Sch. 7 para. 1(2) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 39(2), 72(7)

Types of procedureU.K.

2U.K.The types of procedure referred to in this Schedule are—

  • Type A: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument —

    (a)

    has been laid before, and approved by resolution of, each House of Parliament, and

    (b)

    has been laid before, and approved by resolution of, the Parliament.

  • Type B: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

    Type C: No Minister of the Crown is to make the legislation unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

    Type D: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.

    Type E: No Minister of the Crown is to make the legislation unless a draft of the instrument has been laid before, and approved by resolution of, the House of Commons.

    Type F: The instrument containing the legislation, if made without a draft having been approved by resolution of each House of Parliament and of the Parliament, shall be subject to annulment in pursuance of—

    (a)

    a resolution of either House, or

    (b)

    a resolution of the Parliament.

  • Type G: The instrument containing the legislation, if made without a draft having been approved by resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House.

    Type H: The instrument containing the legislation shall be subject to annulment in pursuance of—

    (a)

    a resolution of either House of Parliament, or

    (b)

    a resolution of the Parliament.

  • Type I: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of either House of Parliament.

    Type J: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the Parliament.

    Type K: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the House of Commons.

    [F14Type L: The legislation shall be subject to the affirmative procedure.]

Textual Amendments

F14Words in Sch. 7 para. 2 inserted (1.7.2015) by Scotland Act 2012 (c. 11), ss. 3(4), 44(5); S.I. 2015/682, art. 2(b) (with saving in S.I. 2015/683, art. 2)

Special casesU.K.

3(1)This paragraph applies if—U.K.

(a)the instrument containing the legislation would, apart from this paragraph, be subject to the type F, G, H, I or K procedure, and

(b)the legislation contains provisions which add to, replace or omit any part of the text of an Act.

(2)Where this paragraph applies—

(a)instead of the type F procedure, the type A procedure shall apply,

(b)instead of the type G procedure, the type B or (as the case may be) C procedure shall apply,

(c)instead of the type H procedure, the type A procedure shall apply,

(d)instead of the type I procedure, the type B or (as the case may be) C procedure shall apply,

(e)instead of the type K procedure, the type E procedure shall apply.

[F153AU.K.If legislation under section 90B amends a scheme under that section and does not contain provision—

(a)made by virtue of subsection (12) or (19) of that section, or

(b)adding to, replacing or omitting any part of the text of an Act,

then, instead of the type C procedure, the type I procedure shall apply.]

Textual Amendments

4U.K.If legislation under section 129(1) makes provision as mentioned in section 112(2) then, instead of the type G procedure, the type D procedure shall apply.

5(1)An instrument containing an Order in Council or order under an open power which revokes, amends or re-enacts subordinate legislation under an open power may (in spite of section 14 of the M1Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original legislation was subject.U.K.

(2)An instrument containing an Order in Council under section 89 or 90 which revokes, amends or re-enacts an Order under either section may (in spite of section 14 of the M2Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original Order was subject.

Marginal Citations

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