The Scotland Act 1998 (Transitory and Transitional Provisions) (Administration of the Parliament) Order 1999

Explanatory Note

(This note is not part of the Order)

This Order makes provision for transitory and transitional purposes in connection with the coming into force, on 6th May 1999, of sections 20 (Clerk of the Parliament) and 21 (Scottish Parliamentary Corporate Body (“SPCB”)) of the Scotland Act 1998 (c. 46) (“the 1998 Act”).

It requires the Secretary of State to appoint a Temporary Clerk of the Parliament to exercise the functions of the Clerk of the Parliament until a person has been appointed to that office by the SPCB under section 20(2) of the 1998 Act. It also enables the Secretary of State to appoint Temporary Assistant Clerks to exercise the functions of any Assistant Clerk until an Assistant Clerk is appointed by the SPCB under paragraph 3(1) of Schedule 2 to the 1998 Act.

The Order also provides for the SPCB’s functions to be exercisable instead by the Secretary of State until 1st June 1999, by which time it is expected that the members of the SPCB will have been appointed in accordance with section 21(2) of the Act and the staff of the Parliament will have been appointed by the SPCB. The Order requires the Secretary of State in the period from 1st June 1999 until the principal appointed day (1st July 1999) and the Scottish Ministers from 1st July 1999 until 1st April 2002 to provide such staff and services for the Parliament’s purposes at the SPCB may request.