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- Original (As enacted)
This is the original version (as it was originally enacted).
(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(b)the objection is not withdrawn.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.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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