The Scottish Administration (Offices) Order 2005

Statutory Instruments

2005 No. 1467

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scottish Administration (Offices) Order 2005

Made

7th June 2005

Laid before Parliament

20th June 2005

Laid before the Scottish Parliament

10th June 2005

Coming into force in accordance with article 1(1)

At the Court at Buckingham Palace, the 7th day of June 2005

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred by section 126(8)(b) of the Scotland Act 1998(1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Scottish Administration (Offices) Order 2005 and shall come into force on the day on which section 43 of the Fire (Scotland) Act 2005(2) comes into force.

(2) In this Order, “the Act” means the Fire (Scotland) Act 2005.

Specification of Office

2.  The following offices are specified for the purposes of section 126(8)(b) of the Scotland Act 1998 (offices in the Scottish Administration which are not ministerial offices)–

(a) Her Majesty’s Chief Inspector of Fire and Rescue Authorities appointed under section 43(1)(a) of the Act;

(b) Her Majesty’s Inspector of Fire and Rescue Authorities appointed under section 43(1)(b) of the Act; and

(c) Assistant Inspector of Fire and Rescue Authorities appointed under section 43(2) of the Act.

Partial revocation of the Scottish Administration (Offices) Order 1999

3.  In the Schedule to the Scottish Administration (Offices) Order 1999(3), the following entries are hereby revoked–

(a) the entry relating to Her Majesty’s Inspector of Fire Services for Scotland, together with the corresponding entry in column 2 of the Schedule; and

(b) the entry relating to Assistant Inspector of Fire Services for Scotland, together with the corresponding entry in column 2 of the Schedule.

A. K. Galloway

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order specifies Her Majesty’s Chief Inspector of Fire and Rescue Authorities, Her Majesty’s Inspector of Fire and Rescue Authorities and Assistant Inspector of Fire and Rescue Authorities as offices in the Scottish Administration which are not ministerial offices for the purposes of the Scotland Act 1998 (c. 46).

This Order also partially revokes the Scottish Administration (Offices) Order 1999 (S.I. 1999/1127). It revokes the reference in the Schedule to that Order to the offices of Her Majesty’s Inspector of Fire Services for Scotland and Assistant Inspector of Fire Services for Scotland.

Subsections (1)(a), (1)(b) and (2) of section 43 of the Fire (Scotland) Act 2005 (asp 5) set out the arrangements for the appointment to the offices of Her Majesty’s Chief Inspector of Fire and Rescue Authorities, Her Majesty’s Inspector of Fire and Rescue Authorities and Assistant Inspector of Fire and Rescue Authorities, respectively.

(1)

1998 c. 46.

(2)

2005 asp 5.

(3)

S.I. 1999/1127.