The Tourist Boards (Scotland) Act 2006 (Consequential Modifications) Order 2007

Draft Order laid before Parliament under section 115(1) of, and paragraphs 1, 2 and 3 of Schedule 7 to, the Scotland Act 1998 for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2007 No.

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

TOURISM

The Tourist Boards (Scotland) Act 2006 (Consequential Modifications) Order 2007

Made

2007

Coming into force

2007

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(4) and (5) of the Scotland Act 1998(1).

In accordance with section 115(1) of, and paragraphs 1, 2 and 3 of Schedule 7 to, that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and extent

1.—(1) This Order may be cited as the Tourist Boards (Scotland) Act 2006 (Consequential Modifications) Order 2007 and shall come into force on the day after the day on which it is made.

(2) Subject to paragraph (3) this Order extends to England and Wales only.

(3) Paragraph 2 of the Schedule extends to the whole of the United Kingdom.

Modifications

2.  The modifications specified in the Schedule shall have effect.

Parliamentary Under Secretary of State Scotland Office,

Department for Constitutional Affairs

Dover House,

London

2007

Article 2

SCHEDULE

PART 1 MODIFICATIONS OF PUBLIC GENERAL ACTS

The Development of Tourism Act 1969 (c. 51)

1.—(1) The Development of Tourism Act 1969 is amended as follows.

(2) For “the Scottish Tourist Board”, wherever occurring, substitute “VisitScotland”.

(3) In section 1(3)(2) (maximum number of members of national tourist boards), for “six”, in the second place where it occurs, substitute “eleven”.

The House of Commons Disqualification Act 1975 (c. 24)

2.  In Part 3 of Schedule 1(3) to the House of Commons Disqualification Act 1975 (other disqualifying offices), in the entry relating to members of the British Tourist Authority and the English and Scottish Tourist Boards in receipt of remuneration, for “the Scottish Tourist Board” substitute “VisitScotland”.

The Race Relations Act 1976 (c. 74)

3.  In Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty), in Part 2(4)–

(a) the entry relating to the Scottish Tourist Board is repealed, and

(b) after the entry relating to the Victoria and Albert Museum, insert–

• “VisitScotland”.

The Tourism (Overseas Promotion) (Scotland) Act 1984 (c. 4)

4.  In section 1 of the Tourism (Overseas Promotion) (Scotland) Act 1984 (power of the Scottish Tourist Board to engage outside the UK in the promotion of tourism in Scotland)(5)–

(a) in subsection (1), for “the Scottish Tourist Board” substitute “VisitScotland”, and

(b) in subsection (3)(b), for “the Scottish Tourist Board” substitute “VisitScotland”.

The Greater London Authority Act 1999 (c. 29)

5.  In section 378 of the Greater London Authority Act 1999 (duty of the Authority to promote tourism)(6), in subsection (11)(d), for “the Scottish Tourist Board” substitute “VisitScotland”.

PART 2 MODIFICATION OF SUBORDINATE LEGISLATION

The Financial Services and Markets Act 2000 (Exemption) Order 2001 (S.I. 2001/1201)

6.  In the Financial Services and Markets Act 2000 (Exemption) Order 2001, in Part 3 of the Schedule (persons exempt in respect of any regulated activity mentioned in article 5(1))(7), in the entry numbered 31, for “the Scottish Tourist Board” substitute “VisitScotland”.

Explanatory Note

(This note is not part of the Order)

This Order makes provision in consequence of the Tourist Boards (Scotland) Act 2006 (“the Act”). Section 1 of the Act changes the name of the Scottish Tourist Board to VisitScotland, section 2 increases the maximum members of the board of VisitScotland, and section 3 abolishes area tourist boards.

The Schedule to the Order makes modifications of primary and secondary legislation in consequence of the Act. Save for the amendment to the House of Commons Disqualification Act 1975 which has UK extent, these modifications extend to England and Wales only.

(1)

1998 c. 46.

(2)

Section 1 was amended by the Tourist Boards (Scotland) Act 2006 (asp 15), Schedule 2, Part 1 and S.I. 2005/3225.

(3)

Part 3 of Schedule 1 was amended by S.I. 2005/3225; there have been other amendments to Part 3 not relevant to this Order.

(4)

Schedule 1A was inserted by the Race Relations (Amendment) Act 2000 (c. 34), Schedule 1 and was amended by S.I. 2001/3457 and by the Tourist Boards (Scotland) Act 2006 (asp 15), Schedule 2, Part 1; there have been other amendments to Schedule 1A not relevant to this Order.

(5)

Section 1 was amended by the Tourist Boards (Scotland) Act 2006 (asp 15), Schedule 2, Part 1; there has been a further amendment to section 1 not relevant to this Order.

(6)

Section 378 was amended by the Tourist Boards (Scotland) Act 2006 (asp 15), Schedule 2, Part 1; there has been a further amendment to section 378 not relevant to this Order.

(7)

Part 3 of the Schedule was amended by the Tourist Boards (Scotland) Act 2006 (asp 15), Schedule 2, Part 2; there have been other amendments to Part 3 not relevant to this Order.