The Scotland Act 1998 (Transitory and Transitional Provisions)(Standing Orders and Parliamentary Publications) Order 1999

Citation and commencement

1.—(1) This Order may be cited as the Scotland Act 1998 (Transitory and Transitional Provisions) (Standing Orders and Parliamentary Publications) Order 1999.

(2) This Order shall come into force on 6th May 1999.

Interpretation

2.  In this Order–

“the Act” means the Scotland Act 1998;

“court” includes tribunal;

“legal proceedings” means any legal proceedings (whether civil or criminal) in any court in the United Kingdom;

“the Parliament” means the Scottish Parliament; and

“statement” has the same meaning as in the Defamation Act 1996(1).

Standing orders of the Parliament.

3.  The standing orders of the Parliament are contained in the rules set out in the Schedule to this Order.

Publication of statements under the authority of the Parliament

4.—(1) This article applies to any legal proceedings brought against a person for, on account of, or in respect of, the publication by that person–

(a) of a statement under the authority of the Parliament; or

(b) of a statement which has been published under the authority of the Parliament.

(2) In any legal proceedings to which this article applies, any person may produce to the court before which the proceedings are brought a certificate, sworn by the Clerk of the Parliament before a notary public, that the statement was published under the authority of the Parliament.

(3) On production of such a certificate the court shall order that, subject to paragraph (4), no further steps are to be taken in the proceedings and on the making of such an order the proceedings shall be treated as having been concluded.

(4) On the making of an order under paragraph (3), the court may make such ancillary orders as it considers appropriate.

(5) Any person intending to produce a certificate in accordance with paragraph (2) shall give at least 24 hours notice of his or her intention so to do to the other parties to the proceedings and to the court before which the proceedings are brought.

5.  Any statement which is required or authorised to be published in pursuance of any of the rules set out in the Schedule to this Order shall be treated, for the purposes of section 41 of the Act (defamatory statements) and article 4 of this Order, as published under the authority of the Parliament.

Duration

6.—(1) Unless earlier revoked by an order under section 129(1) of the Act and subject to paragraph (2), articles 3 and 5 of, and the Schedule to, this Order shall cease to have effect on the date on which the first standing orders made by the Parliament come into force.

(2) Article 5 of this Order shall continue to apply in relation to any statement published before the date when that Article ceases to have effect by virtue of paragraph (1).

7.  Unless earlier revoked by an order under section 129(1) of the Act, article 4 of this Order shall cease to have effect on the day appointed by or under an Act of the Parliament.

Donald C. Dewar

Secretary of State for Scotland

St Andrew’s House Edinburgh

7th April 1999