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The Scotland Act 1998 (Modifications of Schedule 5) Order 2002

S.I. 2002/1629 · Made 26 June 2002

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

Made 26th June 2002

Coming into force 27th June 2002

At the Court at Windsor Castle, the 26th day of June 2002

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been–

(a)

laid before and approved by a resolution of each House of Parliament; and

(b)

laid before and approved by a resolution of the Scottish Parliament;

Now, therefore, Her Majesty in exercise of the powers conferred upon Her by section 30(2) of the Scotland Act 1998f1, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Annotations to the whole text

Footnotes

f1

1998 c. 46.

Contents

  1. 1Citation and commencement
  2. 2Rail transport: promotion and construction of railways
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Scotland Act 1998 (Modifications of Schedule 5) Order 2002 and shall come into force on the day after the day on which it is made.

2Rail transport: promotion and construction of railways

In Part II of Schedule 5 to the Scotland Act 1998 (specific reservations), in Section E2f1–

(a)

after the exception relating to the transfer of functions of passenger transport executives etc. there is inserted–

  • “The promotion and construction of railways which start, end and remain in Scotland.”; and

(b)

before the definition of “railway services” there is inserted–

  • ““railway” has the meaning given by section 67(1) of the Transport and Works Act 1992f2.”.

Signature

A. K. Galloway

Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order makes modifications to Schedule 5 to the Scotland Act 1998 (c. 46). That Schedule is concerned with matters which are outwith the legislative competence of the Scottish Parliament.

The Order adds a further exception to the reservation at Section E2 (rail transport) of Part II of Schedule 5. The amendment will permit the Scottish Parliament to legislate in relation to the promotion and construction of railways, which start, end and remain in Scotland.