The Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999

Modification of enactments

3.—(1) Any reference in section 1 of the 1946 Act–

(a) to an Act passed after the commencement of the 1946 Act shall be construed as including a reference to an Act of the Scottish Parliament; and

(b) to a Minister of the Crown shall be construed as including a reference to the Scottish Ministers and to a relevant Scottish public authority.

(2) In relation to a Scottish statutory instrument, the following articles of this Order shall apply (in spite of anything in the 1946 Act) in place of sections 2 to 8 of that Act.

(3) In relation to such an instrument–

(a) paragraph (2) does not disapply sections 4(3), 5(2) and 6(2) of the 1946 Act, but

(b) the reference in each of those subsections to the foregoing provisions of the section in question shall be read as a reference to article 10, 11 or 12 (respectively).

(4) So far as a power to make, confirm or approve subordinate legislation is conferred on the Scottish Ministers or a relevant Scottish public authority, any enactment which applies section 1 of the 1946 Act as if the power were conferred on any other person shall cease to have effect.

(5) So far as a power to make, confirm or approve subordinate legislation is exercisable within devolved competence and conferred on a person other than a Minister of the Crown, the Scottish Ministers or a relevant Scottish public authority, section 1 of the 1946 Act shall have effect as if the power were conferred on the Scottish Ministers.

(6) Where paragraph (4) or (5) applies, section 118(5) of the Act shall not apply.

(7) References in this article to the Scottish Ministers include the First Minister and the Lord Advocate.

(8) In any enactment passed or made before the principal appointed day, any reference to section 5(1) or 7 of the 1946 Act shall, in relation to a Scottish statutory instrument, be construed as a reference to article 11 or, as the case may be, article 13(1).