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Scotland Act 1998

Status:

This is the original version (as it was originally enacted).

Section 115.

SCHEDULE 7Procedure for subordinate legislation

This schedule has no associated Explanatory Notes

General provision

1(1)Subordinate legislation (or a statutory instrument containing it) under a provision listed in the left-hand column is subject to the type of procedure in the right-hand column.

(2)This paragraph is subject to paragraphs 3 and 4.

Provision of the ActType of procedure

Notes

The entry for section 58 does not apply to an instrument containing an order merely revoking an order under subsection (1) of that section.

The entry for section 79, in relation to an instrument containing an order which makes only such provision as is mentioned in section 79(3), is to be read as referring to type K instead of type E.

Section 2(1)Type C
Section 12(1)Type C
Section 15Type D
Section 18(5)Type J
Section 30Type A
Section 35Type I
Section 38Type J
Section 56(2)Type G
Section 58Type I
Section 60Type G
Section 62Type G
Section 63Type A
Section 64(5)Type K
Section 67(3)Type E
Section 71(6)Type K
Section 79Type E
Section 88Type I
Section 89Type F
Section 90Type F
Section 93Type H
Section 97Type A
Section 103(3)(a) and (b)Type I
Section 104Type G
Section 105Type G
Section 106Type G
Section 107Type G
Section 108Type A
Section 109Type H
Section 110(1)Type C
Section 110(2)Type I
Section 111Type A
Section 116(9)Type G
Section 124(1)Type G
Section 126(2)Type B
Section 126(8)Type H
Section 129(1)Type G
Schedule 2, paragraph 2Type G
Schedule 2, paragraph 7Type H

Types of procedure

2The types of procedure referred to in this Schedule are—

  • Type A: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument —

    (a)

    has been laid before, and approved by resolution of, each House of Parliament, and

    (b)

    has been laid before, and approved by resolution of, the Parliament.

  • Type B: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

  • Type C: No Minister of the Crown is to make the legislation unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

  • Type D: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.

  • Type E: No Minister of the Crown is to make the legislation unless a draft of the instrument has been laid before, and approved by resolution of, the House of Commons.

  • Type F: The instrument containing the legislation, if made without a draft having been approved by resolution of each House of Parliament and of the Parliament, shall be subject to annulment in pursuance of—

    (a)

    a resolution of either House, or

    (b)

    a resolution of the Parliament.

  • Type G: The instrument containing the legislation, if made without a draft having been approved by resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House.

  • Type H: The instrument containing the legislation shall be subject to annulment in pursuance of—

    (a)

    a resolution of either House of Parliament, or

    (b)

    a resolution of the Parliament.

  • Type I: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of either House of Parliament.

  • Type J: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the Parliament.

  • Type K: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the House of Commons.

Special cases

3(1)This paragraph applies if—

(a)the instrument containing the legislation would, apart from this paragraph, be subject to the type F, G, H, I or K procedure, and

(b)the legislation contains provisions which add to, replace or omit any part of the text of an Act.

(2)Where this paragraph applies—

(a)instead of the type F procedure, the type A procedure shall apply,

(b)instead of the type G procedure, the type B or (as the case may be) C procedure shall apply,

(c)instead of the type H procedure, the type A procedure shall apply,

(d)instead of the type I procedure, the type B or (as the case may be) C procedure shall apply,

(e)instead of the type K procedure, the type E procedure shall apply.

4If legislation under section 129(1) makes provision as mentioned in section 112(2) then, instead of the type G procedure, the type D procedure shall apply.

5(1)An instrument containing an Order in Council or order under an open power which revokes, amends or re-enacts subordinate legislation under an open power may (in spite of section 14 of the [1978 c. 30.] Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original legislation was subject.

(2)An instrument containing an Order in Council under section 89 or 90 which revokes, amends or re-enacts an Order under either section may (in spite of section 14 of the [1978 c. 30.] Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original Order was subject.

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