Scotland Act 1998

Special cases U.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.

4 U.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 M1 Interpretation 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 M2 Interpretation 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

M1 1978 c. 30.

M2 1978 c. 30.