Scotland Act 1998

[F1Orders in CouncilU.K.

Textual Amendments

F1Sch. 1 substituted (22.7.2004 with effect subject to transitional modifications set out in Sch. 2 of the amending Act until "the appropriate date", see s. 1(2)(3) of the amending Act) by Scottish Parliament (Constituencies) Act 2004 (c. 13), s. 1(1)-(4), Sch. 1 (however, paras. 3-14 of Sch. 1 as so substituted or as so substituted and modified (as the case may be) have no effect until 30.6.2007, see s. 1(4))

6(1)The draft of an Order in Council laid before [F2the Parliament] by [F3the Scottish Ministers] for giving effect to the recommendations contained in a report by [F4Boundaries Scotland] under paragraph 3 may make provision for any matters which [F3the Scottish Ministers] [F5think] are incidental to or consequential on the recommendations.U.K.

(2)If the draft is approved by resolution of [F6the Parliament] [F3the Scottish Ministers] must submit it to Her Majesty in Council.

(3)If a motion for the approval of the draft is rejected by [F6the Parliament] or withdrawn F7... [F3the Scottish Ministers] may amend the draft [F8to make such minor or technical alterations as they consider appropriate] and lay the amended draft before [F2the Parliament].

[F9(3A)As soon as reasonably practicable after laying the draft so amended, the Scottish Ministers must publish a statement setting out their reasons for making the minor or technical alterations to the draft.

(3B)The Scottish Ministers must not withdraw a draft Order laid before the Parliament under paragraph 3(9)(b) or sub-paragraph (3) except with the agreement of the Parliament.]

(4)If the draft as so amended is approved by resolution of [F6the Parliament] [F3the Scottish Ministers] must submit it to Her Majesty in Council.

[F10(4A)If the Scottish Ministers do not lay an amended draft Order under sub-paragraph (3), the Scottish Ministers must notify Boundaries Scotland that it is required to conduct, in accordance with sub-paragraph (4B), a further review of the alterations proposed to the boundaries by the draft Order which was rejected or withdrawn.

(4B)Once notified, Boundaries Scotland must conduct a further review of the proposed alterations and may determine the manner and the extent of the review, provided that the purpose of the review is to—

(a)consider the representations (if any) of the Parliament, and

(b)reconsider the proposals and make any further or supplementary proposals as it thinks fit.

(4C)This schedule applies to a further review under sub-paragraph (4B) as it applies to a review and report under paragraph 3 except that—

(a)Boundaries Scotland is to submit a report on the further review—

(i)before such date as the Scottish Ministers may direct, or

(ii)in the absence of such direction, within such reasonable time as it may determine,

(b)sub-paragraphs (1)(a), (3) and (4) of paragraph 7 do not apply to a further review under sub-paragraph (4B),

(c)where a report has already been submitted following a further review under sub-paragraph (4B), the Scottish Ministers may notify Boundaries Scotland under sub-paragraph (4A) that it is required to conduct a further review only if the Parliament has by resolution directed them to do so.

(4D)A further review under sub-paragraph (4B) is to be disregarded for the purposes of calculating the intervals between reports of Boundaries Scotland under paragraph 3.]

(5)If a draft of an Order in Council is submitted to Her Majesty in Council under this Schedule, Her Majesty in Council may make an order in terms of the draft.

(6)An Order in Council made as mentioned in sub-paragraph (5) comes into force on the date specified in the Order.

(7)The coming into force of the Order does not affect the return of any member to the Parliament or its constitution until the Parliament is dissolved.

(8)The validity of an Order in Council purporting to be made under this Schedule and reciting that a draft of the Order has been approved by a resolution of [F6the Parliament] must not be called in question in any legal proceedings whatsoever.]

Textual Amendments

F2Words in Sch. 1 paras. 3-7 substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 8(4)(b), 72(4)(a); S.I. 2017/608, reg. 2(1)(f)

F3Words in Sch. 1 para. 6(1) substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 8(3), 72(4)(a); S.I. 2017/608, reg. 2(1)(f)

F5Word in Sch. 1 para. 6(1) substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 8(8), 72(4)(a); S.I. 2017/608, reg. 2(1)(f)

F6Words in Sch. 1 paras. 3-7 substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 8(4)(a), 72(4)(a); S.I. 2017/608, reg. 2(1)(f)