Schedule SECOND MODIFICATION OF ENACTMENTS

After the word “Parliament” there shall be inserted the words “or brought into operation in accordance with the provisions of the Statutory Orders (Special Procedure) Act, 1945”.

After section thirty-nine there shall be inserted the following section:—

“39A

(1)

Any inquiry required under this Part of this Act in connection with an order affecting Scotland only shall, if the Secretary of State so directs, be held by Commissioners under the Private Legislation Procedure (Scotland) Act, 1936; and any direction so given shall be deemed to have been given under section two, as read with section ten, of the Statutory Orders (Special Procedure) Act, 1945.

(2)

Where any such directions are given, sections thirty-two, thirty-three, thirty-four and thirty-six of this Act shall not apply.

(3)

The provisions of the Statutory Orders (Special Procedure) Act, 1945, with regard to the publication of notices in the Edinburgh Gazette and in a newspaper shall, notwithstanding anything in that Act contained, not apply to any order under this Act which is subject to special parliamentary procedure.”

The word “provisional”, where it first occurs, shall be omitted, and for the words “under this Act”, where those words first occur, there shall be substituted the words “under section three hundred and three of this Act”.

In paragraph (1), the word “provisional”, in both places where it occurs, shall be omitted, and for the words “under this Act” there shall be substituted the words “under the said section three hundred and three”.

In paragraph (2), the word “provisional” shall be omitted.

For paragraph (3) there shall be substituted the following paragraph:—

“(3)

Any such order shall be subject to special parliamentary procedure”

Paragraph (4) shall not apply.

In paragraph (5), the word “and”, where it first occurs, shall be omitted; after the words “Sanitary Acts”, where those words secondly occur, there shall be inserted the words “and any order brought into operation in accordance with the provisions of the Statutory Orders (Special Procedure) Act, 1945”; and for the words from “by any provisional order” to the end of the paragraph there shall be substituted the words “by an order made by the Minister of Health which shall be subject to special parliamentary procedure”.

For paragraph (6) there shall be substituted the following paragraph:—

“(6)

The Minister of Health may revoke, either wholly or partially, any order made by him under the said section three hundred and three or under the last foregoing paragraph at any time before the order has been laid before Parliament”

In paragraph (7), for the words from the beginning of the paragraph to the word “order”, where that word first occurs, there shall be substituted the words “The making of an order under the said section three hundred and three or under paragraph (5) of this section”, and the word “provisional”, in the second place where it occurs, shall be omitted.

Paragraph (8) shall not apply.

In subsection (1), for the words “a provisional order” there shall be substituted the words “an order”.

For subsection (3) there shall be substituted the following subsection:—

“(3)

An order of the Secretary of State under this Act shall be subject to special parliamentary procedure.”

In subsection (3), for the words “shall not become law without confirmation by Parliament” there shall be substituted the words “shall be subject to special parliamentary procedure”.

In subsection (4), for the words “provisional only and shall not have effect unless or until confirmed by Parliament” there shall be substituted the words “subject to special parliamentary procedure”.

In subsection (4), for the words from “shall be provisional” to the end of the subsection there shall be substituted the words “shall be subject to special parliamentary procedure”.

At the end of the section there shall be added the following subsection:—

“(6)

An order under this section as to which no objection is made under subsection (3) thereof, or as to which every objection so made is withdrawn, and any order made under this section and brought into operation in accordance with the provisions of the Statutory Orders (Special Procedure) Act, 1945, not being an order confirmed by Act of Parliament under section six of that Act, shall have effect as if enacted in this Act.”

In subsection (1), for the words “provisional only, and shall not have effect unless and until it is confirmed by Parliament”, there shall be substituted the words “subject to special parliamentary procedure”.

After subsection (3), there shall be inserted the following subsection:—

“(3A)

—

(a)

Any inquiry required by the Housing (Scotland) Acts, 1925 to 1935, in connection with any such order as is mentioned in subsection (1) of this section shall, if the Secretary of State so directs, be held by Commissioners under the Private Legislation Procedure (Scotland) Act, 1936; and any direction so given shall be deemed to have been given under section two, as read with section ten, of the Statutory Orders (Special Procedure) Act, 1945.

(b)

Where any such directions are given paragraph 5 of the Second Schedule to the Housing (Scotland) Act, 1930, and paragraph 4 of the Second Schedule to the Housing (Scotland) Act, 1935, shall have effect as if for references to a public inquiry and to the person who held the inquiry there were substituted references to an inquiry by the Commissioners and to the Commissioners.

(c)

The publication of a notice in accordance with the provisions of paragraph 4 of the Third Schedule to this Act, paragraph 4 of the Second Schedule to the Housing (Scotland) Act, 1930, or paragraph 3 of the Second Schedule to the Housing (Scotland) Act, 1935, in connection with any such order as aforesaid shall be deemed to be a sufficient compliance with the requirements of the Statutory Orders (Special Procedure) Act, 1945, with regard to the giving of notice by advertisement.”

Subsection (3) of section 2.

The proviso to subsection (3) of section 4.

The proviso to subsection (3) of section 8.

The proviso to section 11.

Subsection (2) of section 41.

In the cross-heading, for the word “Provisional” there shall be substituted the words “subject to special parliamentary procedure”.

In paragraph 1, for the words “shall not become law without confirmation by Parliament” there shall be substituted the words “shall be subject to special parliamentary procedure”.

In paragraph 2, for the words “have no effect until confirmed by Parliament” there shall be substituted the words “be subject to special parliamentary procedure”.

The following paragraph shall be substituted for paragraph 3:—

“3

The Minister may direct that any order made by him shall be subject to special parliamentary procedure.”

Paragraph 4 shall not apply.

The following paragraph shall be substituted for paragraph 5:—

“5

The Minister may revoke, either wholly or partially, any order made by him under this Act which is subject to special parliamentary procedure at any time before the order has been laid before Parliament.”

At the end of the Schedule there shall be added the following paragraph:—

“5

The provisions of paragraphs 2 to 4 of this Part of this Schedule shall not apply to an order which is confirmed by Act of Parliament under section six of the Statutory Orders (Special Procedure) Act, 1945, but except as aforesaid those provisions shall have effect in relation to an order to which that Act applies as if in paragraph 2 for the reference to the publication of the notice therein mentioned there were substituted a reference to the date on which the order becomes operative under that Act.”

In subsection (1), the word “provisional” shall be omitted.

In subsection (3), for the words “A provisional order made under this section” there shall be substituted the words “An order made under this section shall be subject to special parliamentary procedure and”.

At the end of the section there shall be added the following subsection:—

“(3)

References in this section to an enactment referring to a power shall be construed as including references to any such enactment contained in an order brought into operation in accordance with the provisions of the Statutory Orders (Special Procedure) Act, 1945”

Subsection (4) of section 2.

Subsection (4) of section 6.

The proviso to subsection (2) of section 109.

The proviso to section 314.

In subsection (5), in paragraph (ii), for the words from “have no effect” to the end of the paragraph, there shall be substituted the words “be subject to special parliamentary procedure”.

After subsection (6) there shall be inserted the following subsections:—

“(7)

Any inquiry required by section fifteen of the General Pier and Harbour Act, 1861, in connection with a scheme affecting the construction of a marine work shall, if the Secretary of State so directs, be held by Commissioners under the Private Legislation Procedure (Scotland) Act, 1936; and any direction so given shall be deemed to have been given under section two, as read with section ten, of the Statutory Orders (Special Procedure) Act, 1945.

(8)

The provisions of the Statutory Orders (Special Procedure) Act, 1945, with regard to the publication of notices in the Edinburgh Gazette and in a newspaper shall, notwithstanding anything in that Act contained, not apply to any order under this Act which is subject to special parliamentary procedure.”

In subsection (1), the word “provisional” shall be omitted.

In subsection (4), for the words “A provisional order made under this section” there shall be substituted the words “An order made under this section shall be subject to special parliamentary procedure and”.

In subsection (6), for the words “provisional only and shall not have effect until it is confirmed by Parliament” there shall be substituted the words “subject to special parliamentary procedure”.

In subsection (7), for the words “provisional only” there shall be substituted the words “subject to special parliamentary procedure”.