Explanatory Note
(This note is not part of the Order)
This Order makes modifications of pre-commencement enactments which appear to be necessary or expedient in consequence of the Scotland Act 1998 (c. 46) (“the Act”). Article 2 of the Order contains a modified definition of pre-commencement enactment which will apply until section 53 of the Act comes into force.
Articles 1 to 3 of the Order come into force on 6th May 1999 (the date of the first elections to the Scottish Parliament) and article 4 comes into force on the date when section 44(1)(c) of the Act comes into force. The day currently appointed for the coming into force of that section is 20th May 1999 by virtue of the Scotland Act 1998 (Commencement) Order 1998 (S.I. 1998/3178) (“the Commencement Order”). It is intended that there will be a further Order which will make modifications of pre-commencement enactments, prerogative instruments and other instruments and documents and which will come into force on the principal appointed day. That day is currently 1st July 1999 by virtue of the Commencement Order.
Article 3 provides for the modification of the enactments specified in Schedule 1 to the Order. In Schedule 1, modifications of public general Acts are in Part I and modifications of subordinate legislation are in Part II. A repeal is listed in Part III.
Article 4 provides for the modification of the enactments specified in Schedule 2 to the Order. In Schedule 2, modifications of public general Acts are in Part I and modifications of subordinate legislation are in Part II. Repeals are listed in Part III.
Article 5 provides for the modifications of the enactments specified in Schedule 3 to the Order. In Schedule 3, modifications of public general Acts are in Part I and modifications of subordinate legislation are in Part II. These modifications have been included in this Order because of their relevance to an Order which it is intended to make under section 126(8) of the Act specifying the offices in the Scottish Administration which are not ministerial offices for the purposes of the Act.