Scotland Act 1998

118 Subordinate instruments. U.K.

(1) Subsection (2) applies in relation to the exercise by a member of the [F1 Scottish Government] within devolved competence of a function to make, confirm or approve subordinate legislation.

(2) If a pre-commencement enactment makes provision—

(a) for any instrument or the draft of any instrument made in the exercise of such a function to be laid before Parliament or either House of Parliament,

(b) for the annulment or approval of any such instrument or draft by or in pursuance of a resolution of either or both Houses of Parliament, or

(c) prohibiting the making of such an instrument without that approval,

the provision shall have effect, so far as it relates to the exercise of the function by a member of the [F1 Scottish Government] within devolved competence, as if any reference in it to Parliament or either House of Parliament were a reference to the Scottish Parliament.

(3) Where—

(a) a function of making, confirming or approving subordinate legislation conferred by a pre-commencement enactment is exercisable by a Scottish public authority with mixed functions or no reserved functions, and

(b) a pre-commencement enactment makes such provision in relation to the exercise of the function as is mentioned in subsection (2),

the provision shall have effect, so far as it relates to the exercise of the function by that authority, as if any reference in it to Parliament or either House of Parliament were a reference to the Scottish Parliament.

(4) Where—

(a) a function of making, confirming or approving subordinate legislation conferred by a pre-commencement enactment is exercisable within devolved competence by a person other than a Minister of the Crown, a member of the [F1 Scottish Government] or a Scottish public authority with mixed functions or no reserved functions, and

(b) a pre-commencement enactment makes such provision in relation to the exercise of the function as is mentioned in subsection (2),

the provision shall have effect, so far as it relates to the exercise of the function by that person within devolved competence, as if any reference in it to Parliament or either House of Parliament were a reference to the Scottish Parliament.

(5) If a pre-commencement enactment applies the M1 Statutory Instruments Act 1946 as if a function of the kind mentioned in subsection (3) or (4) were exercisable by a Minister of the Crown, that Act shall apply, so far as the function is exercisable as mentioned in paragraph (a) of subsection (3) or (as the case may be) (4), as if the function were exercisable by the Scottish Ministers.

Textual Amendments

F1 Words in Act substituted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 12(2)(a), 44(5) (with s. 12(3)); S.I. 2012/1710, art. 2(f)

Modifications etc. (not altering text)

C1 S. 118 applied (1.7.1999) by S.I. 1999/1747, arts. 1, 4; S.I. 1998/3178, art. 3

S. 118 modified (15.12.1999) by S.I. 1999/3321, art. 3(2)(a)

S. 118 applied (with modifications) (1.7.1999) by S.I. 1999/1750, arts. 1(1), 6(2)(a), Sch. 5; S.I. 1998/3178, art. 3

S. 118 applied (16.6.2000) by S.I. 2000/1563, art. 7(1) (with art. 9)

S. 118 applied (15.12.2000) by S.I. 2000/3253, art. 5(1) (with art. 6)

Ss. 118-121 applied (14.12.2000) by S.I. 2000/3251, art. 3 (with art. 4)

S. 118 applied (with modifications) (1.11.2001) by S.I. 2001/3504, arts. 1(1), 3(1)(3) (with art. 4)

C2 S. 118 applied (with modifications) (28.3.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003 (S.I. 2003/415), arts. 1(1), 4(1)(3) (with art. 5)

C3 S. 118 applied (with modifications) (29.7.2004) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2004 (S.I. 2004/2030), arts. 1(1), 6(1)(3) (with art. 7)

C4 S. 118 applied (with modifications) (23.3.2005) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 5 (with art. 6)

C5 S. 118 applied (with modifications) (15.2.2006) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006 (S.I. 2006/304), arts. 1(1), 4 (with art. 5)

C6 S. 118 applied (with modifications) (13.3.2006) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2006 (S.I. 2006/1040), arts. 1(1), 5 (with art. 6)

C7 S. 118 applied (with modifications) (16.12.2006) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 3) Order 2006 (S.I. 2006/3258), arts. 1(1), 4(1)(3) (with art. 5)

C8 S. 118 applied (with modifications) (E.W.S.) (1.10.2007) by The Scotland Act 1998 (Cross-Border Public Authorities) (Traffic Commissioner for the Scottish Traffic Area) Order 2007 (S.I. 2007/2139), art. 3 (with art. 4)

C9 S. 118 applied (with modifications) (E.W.S.) (10.7.2008) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008 (S.I. 2008/1776), arts. 1(1), 3

C10 S. 118(5) excluded (1.7.1999) by S.I. 1999/1096, arts. 1(b), 3(6); S.I. 1998/3178, art. 3

Marginal Citations

M1 1946 c. 36.