OpenLegislation

Section 12 Regulations: Scotland and WalesI1I2

(1)

Regulations under this Act may not be made without the consent of the Scottish Ministers if they would—

(a)

remove an entitlement conferred by or under this Act on F1the authority controlling the National Library of Scotland, or

(b)

confer an entitlement that is not conferred on F2that authoritythe National Library of Scotland on any other deposit library.

(2)

Subsection (1) does not apply where the entitlement is to delivery of copies of electronic publications and—

(a)

in the case of legal publications, the Faculty of Advocates, or

(b)

in any other case, F3the authority controlling the National Library of Scotland,

is provided with a means of accessing those publications electronically.

(3)

Where subsection (1) does not apply, regulations under this Act that would affect F4the authority controlling the National Library of Scotland may not be made unless the Secretary of State has consulted the Scottish Ministers.

(4)

Regulations under this Act may not be made without the consent of the National Assembly for Wales if they would—

(a)

remove an entitlement conferred by or under this Act on the authority controlling the National Library of Wales, or

(b)

confer an entitlement that is not conferred on that authority on any other deposit library;

but this does not apply where the entitlement is to delivery of copies of electronic publications and that authority is provided with a means of accessing those publications electronically.

(5)

Where subsection (4) does not apply, regulations under this Act that would affect the authority controlling the National Library of Wales may not be made unless the Secretary of State has consulted the National Assembly for Wales.

Annotations

Textual amendments

F1

Words in s. 12(1)(a) repealed (S.) (1.2.2013) by National Library of Scotland Act 2012 (asp 3) , s. 12(3) , Sch. 2 para. 7(a)(i) ; S.S.I. 2013/1 , art. 2

F2

Words in s. 12(1)(b) substituted (S.) (1.2.2013) by National Library of Scotland Act 2012 (asp 3) , s. 12(3) , Sch. 2 para. 7(a)(ii) ; S.S.I. 2013/1 , art. 2

F3

Words in s. 12(2)(b) repealed (S.) (1.2.2013) by National Library of Scotland Act 2012 (asp 3) , s. 12(3) , Sch. 2 para. 7(a)(iii) ; S.S.I. 2013/1 , art. 2

F4

Words in s. 12(3) repealed (S.) (1.2.2013) by National Library of Scotland Act 2012 (asp 3) , s. 12(3) , Sch. 2 para. 7(a)(iv) ; S.S.I. 2013/1 , art. 2

Commencement

I1

S. 12 partly in force; s. 12 in force at Royal Assent so far as confers power to make regulations, see s. 16(1)

I2

S. 12 in force at 1.2.2004 in so far as not already in force by S.I. 2004/130 , art. 2