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The Scotland Act 1998 (Consequential Modifications) (No.1) Order 1999

S.I. 1999/1042 · Made 26 March 1999

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CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

Made 26th March 1999

Coming into force

Articles 1 to 3 6th May 1999

Article 4 in accordance with article 1(2)(b)

Article 5 in accordance with article 1(2)(c)

Whereas a draft of this instrument was laid before and approved by a resolution of each House of Parliament in accordance with section 115(1) of, and paragraphs 1, 2 and 3 of Schedule 7 to, the Scotland Act 1998f1;

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by sections 105, 112(1), 113 and 129(1) of the Scotland Act 1998, and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1998 c. 46.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Modification of definition of “pre-commencement enactment”
  3. 3Amendments and repeals
  4. 4Amendments and repeals
  5. 5Amendments and repeals
  6. Signature
  7. Schedule 1: MODIFICATIONS WHICH COME INTO FORCE ON 6TH MAY 1999
  8. Part I: MODIFICATIONS OF PUBLIC GENERAL ACTS
  9. Documentary Evidence Act 1868 (c. 37)
  10. 1Paragraph 1
  11. Promissory Oaths Act 1868 (c. 72)
  12. 2Paragraph 2
  13. Documentary Evidence Act 1882 (c. 9)
  14. 3Paragraph 3
  15. Secretary for Scotland Act 1885 (c. 61)
  16. 4Paragraph 4
  17. Parliamentary Commissioner Act 1967 (c. 13)
  18. 5Paragraph 5
  19. Post Office Act 1969 (c. 48)
  20. 6Paragraph 6
  21. Juries Act 1974 (c. 23)
  22. 7Paragraph 7
  23. Solicitors (Scotland) Act 1980 (c. 46)
  24. 8Paragraph 8
  25. Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
  26. 9Paragraph 9
  27. British Nationality Act 1981 (c. 61)
  28. 10Paragraph 10
  29. Legal Aid (Scotland) Act 1986 (c. 47)
  30. 11Paragraph 11
  31. Olympic Symbol etc. (Protection) Act 1995 (c. 32)
  32. 12Paragraph 12
  33. Criminal Procedure (Scotland) Act 1995 (c. 46)
  34. 13Paragraph 13
  35. Part II: MODIFICATIONS OF SUBORDINATE LEGISLATION
  36. Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(S.I. 1981/228)
  37. 14Paragraph 14
  38. Copyright (Librarians and Archivists) (Copying of Copyright Material) Regulations 1989 (S.I. 1989/1212)
  39. 15Paragraph 15
  40. Civil Legal Aid (Scotland) (Fees) Regulations 1989 (S.I. 1989/1490)
  41. 16Paragraph 16
  42. Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (S.I. 1989/1491)
  43. 17Paragraph 17
  44. Official Secrets Act 1989 (Prescription) Order 1990 (S.I. 1990/200)
  45. 18Paragraph 18
  46. Public Lending Right Scheme 1982 (Commencement of Variations) Order 1990 (S.I. 1990/2360)
  47. 19Paragraph 19
  48. Public Works Contracts Regulations 1991 (S.I. 1991/2680)
  49. 20Paragraph 20
  50. Public Services Contracts Regulations 1993 (S.I. 1993/3228)
  51. 21Paragraph 21
  52. Public Supply Contracts Regulations 1995 (S.I. 1995/201)
  53. 22Paragraph 22
  54. Juries (Northern Ireland) Order 1996 (S.I. 1996/1141)
  55. 23Paragraph 23
  56. Civil Legal Aid (Scotland) Regulations 1996 (S.I. 1996/2444)
  57. 24Paragraph 24
  58. Criminal Legal Aid (Scotland) Regulations 1996 (S.I. 1996/2555)
  59. 25Paragraph 25
  60. Copyright and Rights in Databases Regulations 1997 (S.I. 1997/3032)
  61. 26Paragraph 26
  62. IIIREPEAL
  63. Schedule 2: MODIFICATIONS WHICH COME INTO FORCE ON THE DATE OF COMING INTO FORCE OF SECTION 44(1)(c) OF THE SCOTLAND ACT 1998
  64. Part I: MODIFICATIONS OF PUBLIC GENERAL ACTS
  65. Promissory Oaths Act 1868 (c. 72)
  66. 1Paragraph 1
  67. Titles to Land Consolidation (Scotland) Act 1868 (c. 101)
  68. 2Paragraph 2
  69. Burgh Registers (Scotland) Act 1926 (c. 50)
  70. 3Paragraph 3
  71. Crown Proceedings Act 1947 (c. 44)
  72. 4Paragraph 4
  73. Patents Act 1977 (c. 37)
  74. 5Paragraph 5
  75. Customs and Excise Management Act 1979 (c. 2)
  76. 6Paragraph 6
  77. Solicitors (Scotland) Act 1980 (c. 46)
  78. 7Paragraph 7
  79. Court of Session Act 1988 (c. 36)
  80. 8Paragraph 8
  81. Transport and Works Act 1992 (c. 42)
  82. 9Paragraph 9
  83. Children (Scotland) Act 1995 (c. 36)
  84. 10Paragraph 10
  85. Criminal Procedure (Scotland) Act 1995 (c. 46)
  86. 11Paragraph 11
  87. Part II: MODIFICATIONS OF SUBORDINATE LEGISLATION
  88. Transfer of Functions (Treasury and Lord Advocate) Order 1981 (S.I. 1981/239)
  89. 12Paragraph 12
  90. Public Supply Contracts Regulations 1995 (S.I. 1995/201)
  91. 13Paragraph 13
  92. IIIREPEALS
  93. Schedule 3: MODIFICATIONS WHICH COME INTO FORCE ON THE PRINCIPAL APPOINTED DAY
  94. Part I: MODIFICATIONS OF PUBLIC GENERAL ACTS
  95. Fire Services Act 1947 (c. 41)
  96. 1Paragraph 1
  97. Abortion Act 1967 (c. 87)
  98. 2Paragraph 2
  99. Dentists Act 1984 (c. 24)
  100. 3Paragraph 3
  101. Social Security Act 1998 (c. 14)
  102. 4Paragraph 4
  103. Part II: MODIFICATIONS OF SUBORDINATE LEGISLATION
  104. Abortion (Scotland) Regulations 1991 (S.I. 1991/460)
  105. 1Paragraph 1
  106. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Scotland Act 1998 (Consequential Modifications) (No.1) Order 1999.

(2)

This Order shall come into force as follows:–

(a)

articles 1 to 3 shall come into force on 6th May 1999;

(b)

article 4 shall come into force on the date of coming into force of section 44(1)(c) of the 1998 Actf1; and

(c)

article 5 shall come into force on the principal appointed dayf2.

(3)

In this Order, “the 1998 Act” means the Scotland Act 1998.

2Modification of definition of “pre-commencement enactment”

Until section 53 of the 1998 Act comes into forcef1 any reference in the 1998 Act to a pre-commencement enactment shall be read as a reference to–

(a)

an Act passed before or in the same session as the 1998 Act and any other enactment made before the passing of the 1998 Act,

(b)

an enactment made, before 6th May 1999, under such an Act or such other enactment.

3Amendments and repeals

The modifications specified in Parts I and II of Schedule 1 to this Order, and the repeal specified in Part III of that Schedule, shall have effect.

4Amendments and repeals

The modifications specified in Parts I and II of Schedule 2 to this Order, and the repeals specified in Part III of that Schedule, shall have effect.

5Amendments and repeals

The modifications specified in Parts I and II of Schedule 3 to this Order shall have effect.

Signature

Henry B McLeish

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

26th March 1999

1

(1)

The Documentary Evidence Act 1868 is amended as follows.

(2)

In section 2 (mode of proving certain documents)–

(a)

after “officer”, in the first place where it appears, there is inserted “or office-holder in the Scottish Administration”; and

(b)

in paragraph (3), after “officers” there is inserted “or office-holders” and after “officer” there is inserted “or office-holder”.

(3)

In section 5(1) (definition of terms)–

(a)

in the definition of “Government printer”, after “Her Majesty,” there is inserted “the Queen’s Printer for Scotland,”; and

(b)

in the appropriate place there is inserted ““office-holder in the Scottish Administration” has the same meaning as in the Scotland Act 1998.”.

(4)

In the Schedule–

(a)

in the appropriate place in column 1, there is inserted “any office-holder in the Scottish Administration”; and

(b)

in the corresponding place in column 2, there is inserted “a member of the staff of the Scottish Administration”.

2

(1)

The Promissory Oaths Act 1868 is amended as follows.

(2)

After section 5 (persons to take the oath of allegiance and official oath), there is inserted–

“Taking of oaths by members of Scottish Executive

5A

Where the official oath or oath of allegiance is required to be taken by any member of the Scottish Executive in accordance with section 84(4) of the Scotland Act 1998, it shall be tendered to him by the Lord President of the Court of Session at a sitting of the Court.”.

(3)

In section 7 (penalty on not taking required oath)–

(a)

after “hereto” there is inserted “or any member of the Scottish Executive”; and

(b)

after “Act” there is inserted “or section 84(4) of the Scotland Act 1998”.

(4)

In section 9 (prohibition of oath of allegiance except in accordance with Act), after “the Parliamentary Oaths Act 1866,” there is inserted “and the Scotland Act 1998,”.

3

In section 2 of the Documentary Evidence Act 1882 (documents printed under superintendence of Stationery Office receivable in evidence), after “Queen’s Printer,” there is inserted “or the Queen’s Printer for Scotland,”.

4

Section 8 of the Secretary for Scotland Act 1885 (Secretary to be Keeper of the Great Seal) is omitted.

5

In section 4 of the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), after subsection (3A)f1 there is inserted–

“(3B)

No entry shall be made in respect of any member of the Scottish Executive or in respect of the Scottish Parliamentary Corporate Body.”.

6

In section 84 of the Post Office Act 1969 (exemption from postage of certain petitions and addresses, and limitation of amount of postage recoverable in respect of Parliamentary proceedings), at the end there is inserted–

“(4)

In the application of this section to Scotland, the references to either House of Parliament include the Scottish Parliament and the reference to Parliamentary proceedings includes proceedings of the Scottish Parliament.”.

7

In Part III of Schedule 1 to the Juries Act 1974 (persons excusable as of right from jury service), after the entries under the heading “National Assembly for Wales”f1 there is inserted–

“Public Officials

  • The Auditor General for Scotland.”.

8

In section 59(2) of the Solicitors (Scotland) Act 1980 (authority of notaries public to administer oaths), at the end there is inserted “or before the Scottish Parliament or any committee thereof”.

9

In Part III of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (persons excusable as of right from jury service), before Group Cf1 there is inserted–

“Group BB

Public Officials

  • The Auditor General for Scotland.”.

10

In section 50(1) of the British Nationality Act 1981 (interpretation), in the definition of “Crown service under the government of the United Kingdom”, after “Northern Ireland” there is inserted “or under the Scottish Administration”.

11

(1)

The Legal Aid (Scotland) Act 1986 is amended as follows.

(2)

In section 21 (scope and nature of criminal legal aid), after subsection (1)(b) there is inserted–

“(c)

any reference, appeal or application for special leave to appeal to the Judicial Committee of the Privy Council under paragraph 11 or 13(a) of Schedule 6 to the Scotland Act 1998”.

(3)

In section 25AAf1 (legal aid in respect of appeals under section 303A of the 1995 Act)–

(a)

in subsection (1) for the words “section 25 of this Act applies” there is substituted “sections 25 and 25AB of this Act apply”;

(b)

in subsection (2) after the words “section 25” there are inserted the words “or section 25AB”;

(c)

in subsection (3)(a) after the words “section 25” there are inserted the words “or section 25AB”; and

(d)

in subsection (4)(a) for the words “section 25(2)(a)” there is substituted “sections 25(2)(a) and 25AB(2)”.

(4)

After section 25AA there is inserted–

“Legal aid in references, appeals or applications for special leave to appeal to the Judicial Committee of the Privy Council

25AB
(1)

This section shall apply to criminal legal aid in connection with any reference, appeal or application for special leave to appeal to the Judicial Committee of the Privy Council under paragraph 11 or 13(a) of Schedule 6 to the Scotland Act 1998.

(2)

Subject to regulations made under section 21(2) of this Act criminal legal aid to which this section applies shall be available on an application made to the Board if–

(a)

the Board is satisfied after consideration of the financial circumstances of the applicant that the expenses of the reference, appeal or application for special leave to appeal cannot be met without undue hardship to the applicant or his dependants; and

(b)

in the case of an application for special leave to appeal, the Board is satisfied in all the circumstances of the case that it is in the interests of justice that the applicant should receive legal aid.

(3)

The Board may require a person receiving criminal legal aid under this section to comply with such conditions as it considers expedient to enable it to satisfy itself from time to time that it is reasonable for him to continue to receive criminal legal aid.

(4)

Criminal legal aid shall not be available under this section in connection with a reference under paragraph 11 of Schedule 6 to the Scotland Act 1998 where criminal legal aid was made available under section 23, 24 or 25 of this Act in connection with the proceedings in which the reference is made.”.

(5)

In paragraph 1 of Part I of Schedule 2 (courts in which civil legal aid is available), after “in relation to civil proceedings in” there is inserted–

  • “the Judicial Committee of the Privy Council, in references, appeals and applications for special leave to appeal under paragraphs 10, 12 and 13(b) of Schedule 6 to the Scotland Act 1998;”.

12

In section 4(16) of the Olympic Symbol etc. (Protection) Act 1995 (limits on effect), in the definition of “parliamentary proceedings” after “includes proceedings” there is inserted “of the Scottish Parliament,”.

13

(1)

The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2)

In section 112 (admission of appellant to bail), after subsection (5) there is inserted–

“(6)

Subject to subsection (7) below, the High Court may, if it thinks fit, on the application of a convicted person, admit him to bail pending the determination of any appeal under paragraph 13(a) of Schedule 6 to the Scotland Act 1998 and the disposal of the proceedings by the High Court thereafter.

(7)

The High Court shall not admit a convicted person to bail under subsection (6) above unless the application for bail states reasons why it should be granted and the High Court considers there to be exceptional circumstances justifying admitting the convicted person to bail.

(8)

A person who is admitted to bail under subsection (6) above shall, unless the High Court otherwise directs, appear personally in the High Court at any subsequent hearing in the High Court in relation to the proceedings; and if he fails to do so the court may, without prejudice to section 27 of this Act, make such order as it thinks fit.”.

(3)

In section 121 (suspension of disqualification, forfeiture, etc.), after subsection (4) there is inserted–

“(5)

In this section–

(a)

“appeal” includes an appeal under paragraph 13(a) of Schedule 6 to the Scotland Act 1998; and

(b)

in relation to such an appeal, references to an appeal being determined are to be read as references to the disposal of the proceedings by the High Court following determination of the appeal.”.

(4)

In section 121Af1 (suspension of certain sentences pending determination of appeal), after subsection (4) there is inserted–

“(5)

Subsections (1), (2) and (4) above apply to an appeal under paragraph 13(a) of Schedule 6 to the Scotland Act 1998 and, in relation to such an appeal–

(a)

references to an appeal being determined are to be read as references to the disposal of the proceedings by the High Court following determination of the appeal; and

(b)

the reference in subsection (2) to the hearing of the appeal is to be read as a reference to any subsequent hearing in the High Court in relation to the proceedings.

(6)

Where a person fails to appear personally in court as mentioned in subsection (2) as read with subsection (5) above, the court may make such order as it thinks fit.”.

(5)

In section 122 (fines and caution)–

(a)

in subsection (4), after “Advocate” there is inserted “or any appeal by the Lord Advocate or the Advocate General for Scotland under paragraph 13(a) of Schedule 6 to the Scotland Act 1998”; and

(b)

after subsection (4), there is inserted–

“(5)

In subsections (1) and (3) above, “appeal” includes an appeal under paragraph 13(a) of Schedule 6 to the Scotland Act 1998.”.

(6)

In section 124(2) (finality of proceedings)–

(a)

after “subsection (3) below” there is inserted “and paragraph 13(a) of Schedule 6 to the Scotland Act 1998”; and

(b)

after “whatsoever and” there is inserted “, except for the purposes of an appeal under paragraph 13(a) of that Schedule,”.

(7)

In section 177 (procedure where appellant in custody), after subsection (7) there is inserted–

“(8)

Subsections (6) and (7) of section 112 of this Act (bail pending determination of appeals under paragraph 13(a) of Schedule 6 to the Scotland Act 1998) shall apply to appeals arising in summary proceedings as they do to appeals arising in solemn proceedings.”.

14

In Part I of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981, after paragraph 7 there is inserted–

“8

Proceedings in any devolution issue arising before any court in Northern Ireland or on appeal to the Judicial Committee of the Privy Council.”.

15

In paragraph 4 of Schedule 1 to the Copyright (Librarians and Archivists) (Copying of Copyright Material) Regulations 1989, after “Northern Ireland department,” there is inserted “or as part of the Scottish Administration”.

16

(1)

The Civil Legal Aid (Scotland) (Fees) Regulations 1989 are amended as follows.

(2)

In regulation 5(3) after “proceedings in the” there is inserted “Judicial Committee of the Privy Council under paragraph 10, 12 or 13(b) of Schedule 6 to the Scotland Act 1998”.

(3)

In regulation 10(2) after “sheriff court” there is inserted “Judicial Committee of the Privy Council”.

17

(1)

The Criminal Legal Aid (Scotland) (Fees) Regulations 1989 are amended as follows.

(2)

In regulation 2(1) in the definition of “right of audience” after “a right of audience in” there is inserted “the Judicial Committee of the Privy Council or”.

(3)

In Schedule 1–

(a)

in the title to the table after “Remuneration of solicitors” there is inserted “in the Judicial Committee of the Privy Council and”; and

(b)

in paragraph (6), in the definition of “court” after “means the” there is inserted “the Judicial Committee of the Privy Council,”.

18

In Schedule 2 to the Official Secrets Act 1989 (Prescription) Order 1990, after the entry for “Member of staff of the Northern Ireland Audit Office” there is inserted “Auditor General for Scotland”.

19

In article 14A(ii) of Appendix 2 to the Public Lending Right Scheme 1982 (Commencement of Variations) Order 1990 (forms of application in respect of posthumously eligible books) and paragraph 5 of Schedule 1 (application for first registration), after “Parliament,” there is inserted “a member of the Scottish Parliament,”.

20

(1)

The Public Works Contracts Regulations 1991 are amended as follows.

(2)

In regulation 2(1) (interpretation)–

(a)

in the definition of “government department”, at the end there is inserted “and any part of the Scottish Administration”; and

(b)

in the definition of “Minister of the Crown”, at the end there is inserted “and a reference to a Minister of the Crown shall be read as including a reference to the Scottish Ministers”.

(3)

In regulation 3(1) (contracting authorities), after paragraph (e) there is inserted–

“(ee)

the Scottish Parliamentary Corporate Body,”.

21

(1)

The Public Services Contracts Regulations 1993 are amended as follows.

(2)

In regulation 2(1) (interpretation)–

(a)

in the definition of “government department”, at the end there is inserted “and any part of the Scottish Administration”; and

(b)

in the definition of “Minister of the Crown”, at the end there is inserted “and a reference to a Minister of the Crown shall be read as including a reference to the Scottish Ministers”.

(3)

In regulation 3(1) (contracting authorities), after sub-paragraph (e) there is inserted–

“(ee)

the Scottish Parliamentary Corporate Body,”.

22

(1)

The Public Supply Contracts Regulations 1995 are amended as follows.

(2)

In regulation 2(1) (interpretation)–

(a)

in the definition of “government department”, at the end there is inserted “and any part of the Scottish Administration”; and

(b)

in the definition of “Minister of the Crown”, at the end there is inserted “and a reference to a Minister of the Crown shall be read as including a reference to the Scottish Ministers”.

(3)

In regulation 3(1) (contracting authorities), after sub-paragraph (e) there is inserted–

“(ee)

the Scottish Parliamentary Corporate Body,”.

(4)

In Schedule 1 (GATT contracting authorities), after the entry for “Royal Mint” there is inserted “The Scottish Administration or any part thereof”.

23

In Schedule 3 to the Juries (Northern Ireland) Order 1996 (persons excusable from jury service as of right)–

(a)

after the entries under the heading “Northern Ireland Assembly” there is inserted–

“Scottish Parliament and Scottish Executive

  • Members of the Scottish Parliament.

  • Members of the Scottish Executive.

  • Junior Scottish Ministers.”; and

(b)

after the entry “The Comptroller and Auditor General for Northern Ireland” there is inserted “The Auditor General for Scotland”.

24

(1)

The Civil Legal Aid (Scotland) Regulations 1996 are amended as follows.

(2)

After regulation 4(1)(j) there is inserted–

“(k)

proceedings in the Judicial Committee of the Privy Council on appeal from the Court of Session under paragraph 10, 12 or 13(b) of Schedule 6 to the Scotland Act 1998 including any application for special leave to appeal.”.

(3)

In regulation 21(1)(a) after “for the employment in” there is inserted “the Judicial Committee of the Privy Council or”.

25

(1)

The Criminal Legal Aid (Scotland) Regulations 1996 are amended as follows.

(2)

In regulation 2(1) in the definition of “right of audience” after “a right of audience in” there is inserted “the Judicial Committee of the Privy Council or”.

(3)

After regulation 4(1)(j) there is inserted–

“(k)

proceedings in the Judicial Committee of the Privy Council on appeal from the High Court of Justiciary under paragraph 11 and 13(a) of Schedule 6 to the Scotland Act 1998 including any application for special leave to appeal.”.

(4)

In regulation 14(1)(a) after “proceedings are in” there is inserted “the Judicial Committee of the Privy Council or”.

26

In regulation 14 of the Copyright and Rights in Databases Regulations 1997 (the maker of a database), after paragraph (4) there is inserted–

“(4A)

Where a database is made by or under the direction or control of the Scottish Parliament, the Scottish Parliamentary Corporate Body shall be regarded as the maker of the database.”.

IIIREPEAL

ChapterShort titleExtent of repeal
1885 c. 61.The Secretary for Scotland Act 1885.Section 8.

1

In the first part of the Schedule to the Promissory Oaths Act 1868, for “The Lord Advocate” there is substituted “The Advocate General for Scotland”.

2

In section 67 of the Titles to Land Consolidation (Scotland) Act 1868 (intimation of proposed rectification to be made to solicitor for Commissioners of Woods and Forests)f1, for “the Lord Advocate” there is substituted “the appropriate Law Officer within the meaning of section 4A of the Crown Suits (Scotland) Act 1857f2”.

3

In each of subsections (1) and (3) of section 2 of the Burgh Registers (Scotland) Act 1926 (transmission of burgh registers of sasines to keeper of the records), “the Lord Advocate,” is omitted.

4

(1)

The Crown Proceedings Act 1947 is amended as follows.

(2)

In section 2(4) (liability of the Crown in tort), after “government department” there is inserted “, part of the Scottish Administration” and after “that department” in each place where those words appear there is inserted “, part”.

(3)

In section 3(2)(a) (infringement of intellectual property rights), after “department” there is inserted “or any part of the Scottish Administration”.

5

In section 52(2) of the Patents Act 1977 (opposition, appeal and arbitration), for “the Lord Advocate” there is substituted “the appropriate Law Officer within the meaning of section 4A of the Crown Suits (Scotland) Act 1857”.

6

In section 1 of the Customs and Excise Management Act 1979 (interpretation), in the definition of “law officer of the Crown”, for “in Scotland, the Lord Advocate” there is substituted “for the purpose of criminal proceedings in Scotland, the Lord Advocate or, for the purpose of civil proceedings in Scotland, the appropriate Law Officer within the meaning of section 4A of the Crown Suits (Scotland) Act 1857”.

7

(1)

The Solicitors (Scotland) Act 1980 is amended as follows.

(2)

In section 25A(1)(a) and (4)f1 (rights of audience in the Court of Session, the House of Lords, the Judicial Committee of the Privy Council and the High Court of Justiciary), after “the High Court of Justiciary” there is inserted “and the Judicial Committee of the Privy Council”.

(3)

In section 51(3) (powers of tribunal), after paragraph (a) there is inserted–

“(aa)

the Advocate General for Scotland”.

8

In sections 22 (Lord Advocate to sue and be sued on behalf of the Crown) and 23 (Lord Advocate may be heard last) of the Court of Session Act 1988, for “the Lord Advocate”, in each place where it appears, there is substituted “the appropriate Law Officer within the meaning of section 4A of the Crown Suits (Scotland) Act 1857”.

9

In section 54(3)(b) of the Transport and Works Act 1992 (default powers), for “the Lord Advocate” there is substituted “the appropriate Law Officer within the meaning of section 4A of the Crown Suits (Scotland) Act 1857”.

10

In section 40(4) of the Children (Scotland) Act 1995 (qualifications and employment of reporters), “and the Lord Advocate” is omitted.

11

In section 287(6) of the Criminal Procedure (Scotland) Act 1995 (appointment of Lord Advocate), the words from “and he shall” to the end are omitted.

12

In article 2 of the Transfer of Functions (Treasury and Lord Advocate) Order 1981 paragraph (a) is omitted.

13

In Schedule 1 to the Public Supply Contracts Regulations 1995 (GATT contracting authorities), the entries for “Scotland, Crown Office and Procurator Fiscal Service” and “Scotland, Lord Advocate’s Department” are omitted.

IIIREPEALS

ChapterShort titleExtent of repeal
1926 c. 50.The Burgh Registers (Scotland) Act 1926.In section 2(1) and (3), “the Lord Advocate,”.
1995 c. 36.The Children (Scotland) Act 1995.In section 40(4), “and the Lord Advocate”.
1995 c. 46.The Criminal Procedure (Scotland) Act 1995.In section 287(6), the words from “and he shall” to the end.

1

In section 36 of the Fire Services Act 1947 (application to Scotland)–

(a)

after subsection (16A)f1, there is inserted–

“(16B)

For section 24 there is substituted–

“24

For the purpose of obtaining information as to the manner in which fire authorities are performing their functions under this Act and as to technical matters relating to those functions–

(a)

Her Majesty may appoint a Chief Inspector of Fire Services for Scotland and Inspectors of Fire Services for Scotland; and

(b)

the Scottish Ministers may appoint Assistant Inspectors of Fire Services for Scotland.”.”

(b)

at the end of subsection (18), there is inserted–

  • “but with the substitution for section 29(5) of the following–

    “(5)

    The Scottish Ministers may defray any expenses authorised by them to be incurred by the Scottish Council.””.

2

In section 2(2) of the Abortion Act 1967 (notifications), for “Scottish Home and Health Department” there is substituted “Scottish Administration”.

3

In paragraph 1(2)(b) of Schedule 1 to the Dentists Act 1984 (the Council and Committees of the Council: supplementary provisions), for “chief dental officer to the Secretary of State for Scotland” there is substituted “Chief Dental Officer of the Scottish Administration”.

4

In section 6(6)(c) of the Social Security Act 1998 (panel for appointment to appeal tribunals), for “Scottish Office” there is substituted “Scottish Administration”.

1

(1)

The Abortion (Scotland) Regulations 1991 are amended as follows.

(2)

In regulation 4 (notice of termination of pregnancy and information relating to the termination), for “Scottish Home and Health Department” there is substituted “Scottish Administration”.

(3)

In regulation 5 (restriction on disclosure of information), for “an officer of the Department or” there is substituted “a member of the staff of the Scottish Administration or an officer” and “of that Department” is omitted.

Explanatory note

(This note is not part of the Order)

This Order makes modifications of pre-commencement enactments which appear to be necessary or expedient in consequence of the Scotland Act 1998 (c. 46) (“the Act”). Article 2 of the Order contains a modified definition of pre-commencement enactment which will apply until section 53 of the Act comes into force.

Articles 1 to 3 of the Order come into force on 6th May 1999 (the date of the first elections to the Scottish Parliament) and article 4 comes into force on the date when section 44(1)(c) of the Act comes into force. The day currently appointed for the coming into force of that section is 20th May 1999 by virtue of the Scotland Act 1998 (Commencement) Order 1998 (S.I. 1998/3178) (“the Commencement Order”). It is intended that there will be a further Order which will make modifications of pre-commencement enactments, prerogative instruments and other instruments and documents and which will come into force on the principal appointed day. That day is currently 1st July 1999 by virtue of the Commencement Order.

Article 3 provides for the modification of the enactments specified in Schedule 1 to the Order. In Schedule 1, modifications of public general Acts are in Part I and modifications of subordinate legislation are in Part II. A repeal is listed in Part III.

Article 4 provides for the modification of the enactments specified in Schedule 2 to the Order. In Schedule 2, modifications of public general Acts are in Part I and modifications of subordinate legislation are in Part II. Repeals are listed in Part III.

Article 5 provides for the modifications of the enactments specified in Schedule 3 to the Order. In Schedule 3, modifications of public general Acts are in Part I and modifications of subordinate legislation are in Part II. These modifications have been included in this Order because of their relevance to an Order which it is intended to make under section 126(8) of the Act specifying the offices in the Scottish Administration which are not ministerial offices for the purposes of the Act.