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

Explanatory Note

(This note is not part of the Order)

This Order makes transitory and transitional provisions by virtue of section 129(1) of the Scotland Act 1998 (“the Act”) regarding the standing orders of the Scottish Parliament and the publication of statements made under the authority of the Parliament.

Article 3 provides that the standing orders of the Scottish Parliament are contained in the rules set out in the Schedule to the Order.

Article 4 makes provision protecting a person against whom legal proceedings have been brought concerning statements published by that person where those statements are published or have been published under the authority of the Parliament. In particular, it requires the court, on production of a certificate by the Clerk of the Parliament, to make an order that no further steps are to be taken in the proceedings and the proceedings are then to be treated as concluded.

Article 5 of the Order provides that the publication of any statement in pursuance of any of the rules set out in the Schedule should be treated as a publication under the authority of the Parliament for the purposes of section 41 of the Scotland Act 1998 (defamatory statements) and article 4.

Articles 6 and 7 respectively provide that, unless earlier revoked by another order under section 129(1) of the Act,

(a) the provisions of the Order relating to the standing orders of the Parliament (articles 3 and 5 and the Schedule) will cease to have effect on the date on which the first standing orders made by the Scottish Parliament come into force, subject to a savings provision; and

(b) article 4 of the Order will cease to have effect on the day appointed by or under an Act of the Scottish Parliament.