4 Reports of, and references to, Council and Scottish Committee.U.K.
(1)Subject to the provisions of this section, any report by, or reference to, the Council shall be made to or, as the case may be, by, the Lord Chancellor and the [F1Scottish Ministers].
(2)A reference to the Council of a matter relating only to England and Wales may be made by the Lord Chancellor and a reference to the Council of a matter relating only to Scotland may be made by the [F1Scottish Ministers]; and the report of the Council on a reference so made shall be made to the Minister [F2or Ministers] making the reference.
(3)The Council shall not make a report on any such tribunal as is specified in Part II of Schedule 1 or on any matter referred to the Council by the [F1Scottish Ministers] until the Council—
(a)have referred the matter of the report for consideration, and report to the Council, by the Scottish Committee, and
(b)have considered the report of that Committee.
(4)Where, without any reference having been made to them, the Council report on any such matter as is mentioned in section 1(1)(c), then—
(a)if the matter relates only to England and Wales, subsection (2) shall apply as if the matter had been referred to the Council by the Lord Chancellor;
(b)if the matter relates only to Scotland, subsections (2) and (3) shall apply as if the matter had been referred to them by the [F1Scottish Ministers].
(5)The Scottish Committee may of its own motion make a report to the Council with respect to the constitution or working of any such tribunal as is specified in Part II of Schedule 1 or with respect to any matter falling within section 1(l)(c) and relating only to Scotland.
(6)If the Council—
(a)in reporting on any matter which they have referred to the Scottish Committee or on which that Committee has reported to the Council of its own motion, do not adopt the report of that Committee without modification, or
(b)do not make a report on matters on which the Scottish Committee has reported to the Council of its own motion,
the Scottish Committee may submit its report to the [F1Scottish Ministers].
(7)The Council shall make an annual report to the Lord Chancellor and the [F1Scottish Ministers] on their proceedings and those of the Scottish Committee, and [F3(a) the Lord Chancellor] shall lay the report before Parliament [F4, and (b) the Scottish Ministers shall lay the report before the Scottish Parliament,] with such comments (if any) as [F5he or] they think fit.
Textual Amendments
F1Words in s. 4(1)-(4)(6)(7) substituted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 9 Pt. II para. 2(2); S.I. 1998/3178, art. 3
F2Words in s. 4(2) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 9 Pt. II para. 2(3)(a); S.I. 1998/3178, art. 3
F3Words in s. 4(7) substituted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 9 Pt. II para. 2(3)(b)(i); S.I. 1998/3178, art. 3
F4Words in s. 4(7) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 9 Pt. II para. 2(3)(b)(ii); S.I. 1998/3178, art. 3
F5Words in s. 4(7) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 9 Pt. II para. 2(3)(b)(iii); S.I. 1998/3178, art. 3