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

Now, therefore, in exercise of the powers conferred upon me by sections 105, 112(1) and 113 of, and paragraph 14 of Schedule 4 to, that Act and of all other powers enabling me in that behalf, I hereby make the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999.

(2) Subject to paragraph (3), this Order shall come into force on the principal appointed day(1)

(3) The following provisions of this Order shall come into force immediately before the principal appointed day–

(a) paragraph 19(3) of Part I of Schedule 2;

(b) paragraph 52(2) of Part I of Schedule 2;

(c) paragraph 108(4) of Part I of Schedule 2;

(d) paragraph 131(5) of Part I of Schedule 2; and

(e) paragraph 166(5) of Part II of Schedule 2.

(4) In this Order “the 1998 Act” means the Scotland Act 1998.

General modification of enactments

2.—(1) This article applies to any provision that is contained in–

(a) any pre-commencement enactment, or

(b) any prerogative instrument, or any other instrument or document, made before the principal appointed day.

(2) Any reference in any provision–

(a) to government departments; or

(b) to, or to any part or officer of, any government department,

(however described in that provision), is to be read, so far as the effect of the 1998 Act makes it necessary or expedient to do so, as including or being a reference to, or to any corresponding part or member of the staff of, the Scottish Administration.

(3) Paragraph (2) above shall not apply to the provisions or enactments mentioned in Schedule 1 to this Order.

3.  So far as may be necessary or expedient in consequence of section 94 of the 1998 Act, in any pre-commencement enactment or prerogative instrument, and other instrument or document made before the principal appointed day–

(a) any reference to an order confirmed by Act of Parliament or to an order confirmed by Parliament shall be read as including an order confirmed by an Act of the Scottish Parliament; and

(b) any reference to an order subject to special parliamentary procedure shall be read as including an order subject to such special procedure as may be provided by or under an Act of the Scottish Parliament or under section 129(1) of the 1998 Act.

Amendments and repeals

4.  The modifications specified in Parts I, II and III of Schedule 2 to this Order and the repeals specified in Part IV of that Schedule shall have effect.

Saving

5.  Nothing in Schedule 2 to this Order prejudices the general operation of the modifications in articles 2(2) and 3 of this Order or sections 117 to 122 of the 1998 Act.

John Reid

Secretary of State for Scotland

St Andrew’s House,

Edinburgh

24th June 1999