The Enterprise and New Towns (Scotland) Act 1990 Commencement Order 1990

Statutory Instruments

1990 No. 1840 (C. 48) (S. 173)

EMPLOYMENT AND TRAINING

INDUSTRIAL DEVELOPMENT

NEW TOWNS

The Enterprise and New Towns (Scotland) Act 1990 Commencement Order 1990

Made

4th September 1990

The Secretary of State, in exercise of the powers conferred upon him by section 39(1) of the Enterprise and New Towns (Scotland) Act 1990(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

1.  This Order may be cited as the Enterprise and New Towns (Scotland) Act 1990 Commencement Order 1990.

2.  In this Order, “the Act” means the Enterprise and New Towns (Scotland) Act 1990.

3.  The provisions of the Act which are specified in column 1 of the Schedule to this Order shall come into force on 1st October 1990 but, where a particular purpose is specified in relation to any such provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.

4.  The provisions of the Act shall, insofar as they are not then in force, come into force on 1st April 1991.

Ian Lang

Minister of State, Scottish Office

St. Andrew’s House,

Edinburgh

4th September 1990

Article 3

SCHEDULE The provisions of the Act coming into force on 1st October 1990

Column 1	Column 2	Column 3
Provision of the Act	Subject matter of provision	Restriction of purpose (if any)
Section 1	Scottish Enterprise and Highlands and Islands Enterprise	Only for the purpose of establishing Scottish Enterprise and Highlands and Islands Enterprise and bringing into force Schedule 1.
Section 21(4)	Office of Highlands and Islands Enterprise
Section 22	Transfer of property, rights and liabilities
Section 25(1)	Finances of Scottish Enterprise	Only for the purpose of bringing into force paragraph 1 of Schedule 2.
Section 26(1) and (2)	Finances of Highlands and Islands Enterprise
Section 27	Additional financing for Scottish Development Agency
Section 29	Service of documents
Section 30	Accounts and annual reports
Sections 33 to 35	New Towns
Section 38(1)	Amendments	Only for the purpose of bringing into force paragraphs 1 and 6 of Schedule 4.
Schedule 1	Constitution and Proceedings etc. of Scottish Enterprise and Highlands and Islands Enterprise
In Schedule 2, paragraph 1	Financing of Scottish Enterprise
In Schedule 4, paragraphs 1 and 6	Amendment of New Towns (Scotland) Act 1968 (c. 16) and House of Commons Disqualification Act 1975 (c. 24)

Explanatory Note

(This note is not part of the Order)

This Order appoints the days on which the provisions of the Enterprise and New Towns (Scotland) Act 1990 (“the Act”), other than those which came into force on Royal Assent, are to come into force.

Article 3 of the Order provides that the provisions of the Act which are specified in the Schedule to the Order are to come into force on 1st October 1990, subject to any restrictions specified in the Schedule. In Part I of the Act (which relates to Scottish Enterprise and Highlands and Islands Enterprise) the provisions commenced at 1st October 1990 include provision establishing Scottish Enterprise and Highlands and Islands Enterprise and provisions consequential on their establishment. These bodies will thus come into existence on 1st October 1990 although they will not receive their statutory functions until 1st April 1991. Part II of the Act (which relates to New Towns) is commenced entirely at 1st October 1990.

Article 4 of the Order brings into force on 1st April 1991 the provisions of the Act so far as they are not then already in force. These include provisions conferring on Scottish Enterprise and Highlands and Islands Enterprise their functions and powers.

(1)

1990 c. 35.