The Scotland Act 1998 (Transitory and Transitional Provisions) (Laying of Reports) Order 1999

Statutory Instruments

1999 No. 1594

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scotland Act 1998 (Transitory and Transitional Provisions) (Laying of Reports) Order 1999

Made

4th June 1999

Laid before Parliament

9th June 1999

Coming into force in accordance with article 1

In exercise of the powers conferred upon me by section 112(1), 113, 114(1) and 129(1) of the Scotland Act 1998(1) and of all other powers enabling me in that behalf, I hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Scotland Act 1998 (Transitory and Transitional Provisions) (Laying of Reports) Order 1999 and shall come into force on the principal appointed day(2).

Interpretation

2.—(1) In this Order—

“the Act” means the Scotland Act 1998;

“Pre-Scottish functions” are functions which will on the principal appointed day become Scottish functions;

“report” includes accounts and any statement; and

“Scottish functions” has the same meaning as in section 119 of the Act.

(2) Unless otherwise provided, any reference in this Order to a numbered article is a reference to an article bearing that number in this Order and any reference in an article to a numbered paragraph is to a paragraph bearing that number in that article.

Laying of reports

3.—(1) This article applies where—

(a) a pre-commencement enactment makes provision for any report to be laid before Parliament or either House of Parliament;

(b) the report concerns pre-Scottish functions (whether wholly or otherwise); and

(c) the report is to be laid on or after the principal appointed day.

(2) Subject to paragraph (3), the report shall be laid before the Scottish Parliament as well as before Parliament or (as the case may be) either House of Parliament.

(3) Paragraph (2) shall not apply in relation to any accounts relating only to a period ending before the principal appointed day or any report on such accounts.

Consequential

4.  Article 24 of the Scotland Act 1998 (Transitory and Transitional Provisions) (Finance) Order 1999(3) is hereby revoked.

John Reid

Secretary of State for Scotland

St Andrew’s House Edinburgh

4th June 1999

Explanatory Note

(This note is not part of the Order)

This Order makes provision for transitional and transitory purposes under the Scotland Act 1998 (c. 46).

Articles 3(1) and (2) make provision for reports which are required to be laid before the United Kingdom Parliament to be laid before both the Scottish Parliament and the United Kingdom Parliament where—

(a) the report concerns functions (whether wholly or otherwise) which will after the principal appointed day be Scottish functions; and

(b) the report is to be laid on or after the principal appointed day.

The principal appointed day is 1st July 1999 by virtue of the Scotland Act 1998 (Commencement) Order 1998 (S.I. 1998/3178).

Article 3(3) provides that article 3(2) shall not apply in relation to any accounts relating only to a period ending before the principal appointed day or any report on such accounts. Such accounts or report will require therefore to be laid before the United Kingdom Parliament only.

As a consequence of this provision article 24 of the Scotland Act 1998 (Transitory and Transitional Provisions) (Finance) Order 1999 (S.I. 1999/441) is revoked.

(1)

1998 c. 46.

(2)

Article 3 of the Scotland Act 1998 (Commencement) Order 1998 (S.I. 1998/3178) specifies 1st July 1999 as the principal appointed day for the purposes of the Act.

(3)

S.I. 1999/441.