Scotland Act 1998 Explanatory Notes

General

This section should be read with:

(a)

section 36(3) which provides that the standing orders may, in relation to different types of Bill (including Private bills), modify the provisions made by the standing orders in pursuance of section 36(1) as to the stages of Bill procedure.  Private Bill procedure is now provided for in of the Standing Orders of the Parliament;

(b)

section 53 which deals with the general transfer of functions to the Scottish Ministers and which defines “pre-commencement enactment”;

(c)

section 118 in relation to the exercise by a member of the Scottish Executive of a function to make, confirm or approve subordinate legislation;

(d)

Schedule 4, paragraph 1(2)(b) which provides that an Act of the Scottish Parliament cannot modify (or confer power to modify) the Private Legislation Procedure (Scotland) Act 1936; and

(e)

Schedule 8, paragraph 5, which amends the Private Legislation Procedure (Scotland) Act 1936, so that it does not apply where the conferral of the parliamentary powers sought is wholly within the legislative competence of the Scottish Parliament.  Further amendments to the Private Legislation Procedure (Scotland) General Orders 1946 were made by paragraph 135 of Schedule 2 to S.I. 1999/1820.

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