OpenLegislation

Section 50 Orders to which objections are madeC1I1

(1)

This section applies where, in relation to a special procedure order—

(a)

a relevant objection is made, and

(b)

the objection is not withdrawn.

(2)

The order may not take effect unless it is confirmed, whether with or without amendments, by an Act of the Scottish Parliament.

(3)

In subsection (1) and section 51(1), a “relevant objection” is an objection which—

(a)

if made in pursuance of a notice under section 49(1)(b), is made in accordance with the requirements of the notice,

(b)

if made in pursuance of the empowering enactment, is made in accordance with the provisions of the enactment, and

(c)

is not disregarded under subsection (4).

(4)

An objection may be disregarded if—

(a)

it is, in the opinion of the Scottish Ministers, frivolous or vexatious, or

(b)

it relates to a matter that can be dealt with by an arbiter by whom compensation may be assessed.

(5)

The Bill for an Act to confirm the order—

(a)

may be introduced—

(i)

by a member of the Scottish Executive, or

(ii)

in the case of an order which is to be made, confirmed or approved by the Scottish Ministers on the application of any person, by the applicant,

(b)

must set out the order, and

(c)

in the absence of any special provision in standing orders of the Parliament concerning the procedure for such a Bill, is to be treated after introduction as a Private Bill for the purposes of those standing orders.

Annotations

Modifications

C1

Pt. 4 excluded (6.4.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/88), arts. 1, 3(1)(a)

Commencement

I1

S. 50 in force at 6.4.2011 by S.S.I. 2011/17, art. 3(b)