The Scotland Act 1998 (General Transitory, Transitional and Savings Provisions) Amendment Order 1999

Statutory Instruments

1999 No. 1334

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scotland Act 1998 (General Transitory, Transitional and Savings Provisions) Amendment Order 1999

Made

10th May 1999

Laid before Parliament

12th May 1999

Coming into force

19th May 1999

The Secretary of State, in exercise of the powers conferred upon him by sections 112(1), 113 and 129(1) of the Scotland Act 1998(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Scotland Act 1998 (General Transitory, Transitional and Savings Provisions) Amendment Order 1999 and shall come into force on 19th May 1999.

Interpretation

2.  In this Order–

“the Act” means the Scotland Act 1998;

“LO-date” means the date when section 44(1)(c) of the Act comes into force(2); and

“the principal Order” means the Scotland Act 1998 (General Transitory, Transitional and Savings Provisions) Order 1999(3).

Amendment of principal Order

3.  In article 9(3) of the principal Order for the reference to “LO-date” in both places where it occurs, there shall be substituted a reference to “principal appointed day”(4).

4.  After article 12 of the principal Order, there shall be inserted the following article:–

“Private legislation: saving

13.   The amendment made to section 1 of the Private Legislation Procedure (Scotland) Act 1936(5) by paragraph 5 of Schedule 8 to the Act shall not affect the operation of that Act in relation to any petition for a Provisional Order presented to the Secretary of State before the principal appointed day.”.

Henry McLeish

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

10th May 1999

Explanatory Note

(This note is not part of the Order)

This Order amends the Scotland Act 1998 (General Transitory, Transitional and Savings Provisions) Order 1999 (S.I. 1999/901) (“the principal Order”).

Article 3 corrects references to an incorrect date in the savings provision in article 9(3) of the principal Order.

Article 4 inserts a savings provision in relation to petitions for provisional Orders under the Private Legislation Procedure (Scotland) Act 1936 (c. 52) presented to the Secretary of State before the principal appointed day.

(1)

1998 c. 46.

(2)

In terms of the Scotland Act 1998 (Commencement) Order 1998 (S.I. 1998/3178), section 44(1)(c) comes into force on 20th May 1999. It is the date when the Lord Advocate ceases to be a Minister of the Crown and becomes a member of the Scottish Executive.

(3)

S.I. 1999/901.

(4)

Article 3 of the Scotland Act 1998 (Commencement) Order 1998 specifies 1st July 1999 as the principal appointed day for the purposes of the Act.

(5)

1936 c. 52.