The Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999

Local Government and Housing Act 1989 (c. 42)

97.  In section 31 of the Local Government and Housing Act 1989 (National Code of Local Government Conduct)(1), after subsection (6) there is inserted–

“(6A) Subsections (4) to (6) above do not apply to a code which applies only to Scotland and such a code shall not be issued unless a draft of it has been laid before and approved by a resolution of the Scottish Parliament.

(6B) Where the Scottish Ministers propose to revise such a code as is mentioned in subsection (6A), they shall lay a draft of the proposed alterations before the Scottish Parliament and–

(a) they shall not make the revision until after the expiration of the period of 40 days beginning with the day on which the draft is laid; and

(b) if within that period the Parliament resolves that the alterations be withdrawn, they shall not proceed with the proposed alterations (but without prejudice to the laying of a further draft).

(6C) In reckoning any period of 40 days for the purposes of subsection (6B) above no account shall be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.”.

(1)

Section 31 was amended by the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 161(9).