Scotland Act 1998

Part II U.K. General exceptions

Restatement, etc. U.K.

7 (1) Part I of this Schedule does not prevent an Act of the Scottish Parliament— U.K.

(a) restating the law (or restating it with such modifications as are not prevented by that Part), or

(b) repealing any spent enactment,

or conferring power by subordinate legislation to do so.

(2) For the purposes of paragraph 2, the law on reserved matters includes any restatement in an Act of the Scottish Parliament, or subordinate legislation under such an Act, of the law on reserved matters if the subject-matter of the restatement is a reserved matter.

Effect of Interpretation Act 1978 U.K.

8 U.K. Part I of this Schedule does not prevent the operation of any provision of the M1 Interpretation Act 1978.

Marginal Citations

M1 1978 c. 30.

Change of title etc. U.K.

9 (1) Part I of this Schedule does not prevent an Act of the Scottish Parliament amending, or conferring power by subordinate legislation to amend, any enactment by changing— U.K.

(a) any of the titles referred to in sub-paragraph (2), or

(b) any reference to a declarator,

in consequence of any provision made by or under an Act of the Scottish Parliament.

(2) The titles are those of—

(a) any court or tribunal or any judge, chairman or officer of a court or tribunal,

(b) any holder of an office in the Scottish Administration which is not a ministerial office or any member of the staff of the Scottish Administration,

(c) any register.

Accounts and audit and maladministration U.K.

10 U.K. Part I of this Schedule does not prevent an Act of the Scottish Parliament modifying, or conferring power by subordinate legislation to modify, any enactment for or in connection with the purposes of section 70 or 91.

Subordinate legislation U.K.

11 (1) Part I of this Schedule does not prevent an Act of the Scottish Parliament modifying, or conferring power by subordinate legislation to modify, any enactment for or in connection with any of the following purposes. U.K.

(2) Those purposes are—

(a) making different provision in respect of the document by which a power to make subordinate legislation within sub-paragraph (3) is to be exercised,

(b) making different provision (or no provision) for the procedure, in relation to the Parliament, to which legislation made in the exercise of such a power (or the instrument or other document in which it is contained) is to be subject,

(c) applying any enactment comprised in or made under an Act of the Scottish Parliament relating to the documents by which such powers may be exercised.

(3) The power to make the subordinate legislation, or a power to confirm or approve the legislation, must be exercisable by—

(a) a member of the Scottish Executive,

(b) any Scottish public authority with mixed functions or no reserved functions,

(c) any other person (not being a Minister of the Crown) within devolved competence.

[F1 (4) For the purposes of sub-paragraph (3)(c), the function of Her Majesty of making an Order in Council under section 15(1) or (2) (power to specify persons disqualified from membership of the Parliament) is to be regarded as being exercisable within devolved competence.]

Textual Amendments

F1 Sch. 4 para. 11(4) inserted (31.10.2012) by Scotland Act 2012 (c. 11), ss. 13(5), 44(5); S.I. 2012/2516, art. 2(b)