LegalizeThe Scotland Act 1998 (Commencement) Order 1998
Made: 16th December 1998
In exercise of the powers conferred upon me by sections 115(2), 126(1) and 130 of the Scotland Act 19981, I hereby make the following Order:
Citation and interpretation
1
- (1) This Order may be cited as the Scotland Act 1998 (Commencement) Order 1998.
- (2) In this Order, “the Act” means the Scotland Act 1998.
Appointed days
2
- (1) All the provisions of the Act, so far as not then in force, shall come into force on 1st July 1999, except the provisions specified in Schedule 5 to this Order.
- (2) The provisions of the Act, specified in column 1 of any of the Schedules to this Order and the subject matter of which is described in column 2 of that Schedule shall, so far as not then in force, come into force on the day appointed in relation to that Schedule in the Table below but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.
| Schedule | Appointed day |
|---|---|
| 1 | 25th January 1999 |
| 2 | 1st April 1999 |
| 3 | 6th May 1999 |
| 4 | 20th May 1999 |
| 5 | 1st April 2000 |
Principal Appointed Day
3
The principal appointed day is 1st July 1999.
SCHEDULE 1 — PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 25TH JANUARY 1999
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions of the Act | Subject matter | Purpose |
| Section 21(8) | Scottish Parliamentary Corporate Body | Only for the purpose of bringing into force the provisions of Schedule 2 specified in column 1 below |
| Section 37 | Acts of Union | |
| Section 38(3) | Letters Patent and proclamations | |
| Section 51(4) and (7) | Civil Service | Only for the purpose of enabling any delegation of civil service management functions or any determination of payments to be made to come into force not earlier than 6th May 1999 |
| Section 56(2) | Shared powers | Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 1st July 1999 |
| Section 60 | Transfers of property etc. to the Scottish Ministers | Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 1st July 1999 |
| Section 62 | Transfers of property etc. to the Lord Advocate | Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 20th May 1999 |
| Section 71(6) | Existing debt | Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 1st July 1999 |
| Section 88 | Cross-border public authorities: initial status | Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 1st July 1999 |
| Section 97 | Assistance for opposition parties | Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 6th May 1999 |
| Section 103(3) | Judicial Committee | Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 6th May 1999 |
| Section 105 | Power to make provision consequential upon the Act | |
| Section 106 | Power to adapt functions | |
| Schedule 2, paragraphs 2(2) to (4) and 7 | Transfers of property etc. to, and Crown status of, Scottish Parliamentary Corporate Body | Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 6th May 1999 |
SCHEDULE 2 — PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 1ST APRIL 1999
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions of the Act | Subject matter | Purpose |
| Section 64(1), (2) and (8) | Scottish Consolidated Fund |
SCHEDULE 3 — PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 6TH MAY 1999
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions of the Act | Subject matter | Purpose |
| Sections 19 to 22 | Presiding Officer, administration and proceedings | |
| Section 23 | Power to call for witnesses and documents | Only for the purpose of enabling the Parliament to require any member of the Scottish Executive or his staff to attend its proceedings for the purpose of giving evidence or to produce documents in his custody or under his control |
| Sections 24 to 26 | Witnesses and documents: notice, offences and general | |
| Section 30 | Legislative competence: supplementary | |
| Section 38(1), (2), (4) to (6) | Letters Patent and proclamations | |
| Sections 40 to 43 | Legal issues | |
| Sections 44 to 47, except section 44(1)(c) | The Scottish Executive, First Minister and Ministers | |
| Section 48(1) | Appointment and removal of the Scottish Law Officers | Only for the purpose of enabling the First Minister to recommend the appointment of the Lord Advocate and Solicitor General for Scotland to take effect from a date not earlier than 20th May 1999 |
| Sections 49 to 51 | Junior Scottish Ministers, validity of acts of Scottish Ministers and the Civil Service | |
| Section 52 | Exercise of functions | For all purposes except so far as relating to the Lord Advocate |
| Section 57(2) | Community law and Convention rights | |
| Section 58 | Power to prevent or require action | |
| Sections 59 and 60 | Property and liabilities of, and transfers to, the Scottish Ministers | |
| Section 61(4) | Rights and liabilities of the First Minister | |
| Section 63 | Power to transfer functions | Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 1st July 1999 |
| Section 69 | The Auditor General for Scotland | |
| Part IV | The tax-varying power | |
| Sections 81 to 85 | Remuneration of, and other provisions about, members of the Scottish Parliament and Executive | |
| Section 89 | Power to adapt etc. cross- border public authorities | Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 1st July 1999 |
| Section 92 | Queen’s Printer for Scotland | |
| Section 93 | Agency arrangements | Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 1st July 1999 |
| Section 96 | Provision of information to the Treasury | |
| Section 97 | Assistance for opposition parties | |
| Sections 98 to 100 and 103 | Juridical | |
| Sections 108 to 111 | Supplementary powers | |
| Section 123 | Stamp Duty | For all purposes except so far as relating to the Lord Advocate |
| Section 125 | Amendments and repeals | Only for the purpose of bringing into force the provisions of Schedule 8 specified in column 1 below |
| Schedule 2 | Scottish Parliamentary Corporate Body | |
| Schedule 3 | Standing orders: further provision | |
| Schedule 5 | Reserved matters | |
| Schedule 6 | Devolution issues | |
| In Schedule 8, paragraphs 13, 14, 18, 24, 25, 26, 28, 30, 31 and 33 |
SCHEDULE 4 — PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 20TH MAY 1999
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions of the Act | Subject matter | Purpose |
| Section 27 | Participation of the Scottish Law Officers | |
| Section 44(1)(c) | The Scottish Executive | |
| Section 48 | The Scottish Law Officers | |
| Section 52 | Exercise of functions | |
| Section 57(3) | Community law and Convention rights | |
| Sections 61(1) to (3) and 62 Section 87 | Property rights and liabilities of, and transfer to, the Lord Advocate The Advocate General for Scotland | |
| Section 123 | Stamp duty | |
| Section 125 | Amendments and repeals | Only for the purpose of bringing into force the provisions of Schedules 8 and 9 specified in column 1 below |
| In Schedule 8, paragraphs 2, 7 and 32 | ||
| In Schedule 9, the entries relating to the House of Commons Disqualification Act 1975 and the Ministerial and other Salaries Act 1975 |
SCHEDULE 5 — PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 1ST APRIL 2000
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions of the Act | Subject matter | Purpose |
| Section 120 | Accounts and audit | |
| Section 125 | Amendments | Only for the purpose of bringing into force the paragraph of Schedule 8 specified in column 1 below |
| In Schedule 8, paragraph 20 |
Signed
Donald C Dewar — Secretary of State for Scotland — 16th December 1998
Explanatory note
(This note is not part of the Order)
This Order appoints various days for the coming into force of all the provisions of the Scotland Act 1998 (c. 46) (“the Act”), except those which were brought into force on enactment by virtue of section 130(1) of that Act.
Article 2 (1) provides that all the provisions of the Act, so far as not then in force, should come into force on 1st July 1999, except those specified in Schedule 5. Article 3 designates 1st July 1999 as the principal appointed day for the purposes of the Act. It is on this day that the Scottish Parliament will acquire its power to make laws and that functions will be transferred to Scottish Ministers.
Article 2 (2) appoints the following days for the coming into force of various provisions of the Act, namely:
- (a) 25th January 1999 for the provisions in Schedule 1 which are mainly about the making of subordinate legislation;
- (b) 1st April 1999 for the provisions in Schedule 2 which are mainly about the establishment of the Scottish Consolidated Fund;
- (c) 6th May 1999 for the provisions in Schedule 3 which are mainly about the constitution, proceedings and administration of the Scottish Parliament;
- (d) 20th May 1999 for the provision in Schedule 4 which are mainly about the Scottish Law Officers; and
- (e) 1st April 2000 for the provisions in Schedule 5 which are mainly about the examination and auditing of accounts.
Footnotes
1
1998 c. 46. The definition of “the principal appointed day” in section 126(1) contains a power which is relevant to the making of this order.
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