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

Explanatory Note

(This note is not part of the Order)

This Order makes transitory and transitional provisions in relation to Scottish statutory instruments (as construed in accordance with article 4(2)) and other statutory instruments or documents which are required by any enactment to be laid before the Scottish Parliament.

The Order has the effect of disapplying sections 2 to 8 of the Statutory Instruments Act 1946 (c. 36) (“the 1946 Act”) in relation to Scottish statutory instruments.

The Order makes provision corresponding to that made by or under the 1946 Act relating to–

(a) the numbering, printing and publishing of Scottish statutory instruments (articles 5 to 9); and

(b) any requirement in any enactment that a Scottish statutory instrument is to be laid before the Scottish Parliament, either in draft or after being made, or is to be subject to annulment in pursuance of a resolution of the Scottish Parliament (articles 10 to 15).

Articles 10 to 15 are also applied by article 4(4) in any case where any enactment provides, or has the effect of providing, that any other statutory instrument is to be laid before the Scottish Parliament, whether in draft or after being made, or is to be subject to annulment in pursuance of a resolution of the Scottish Parliament. Article 14 is also applied by article 4(5) in any case where any other document is required to be laid before the Scottish Parliament.

The Order has effect for the purposes of article 4(4) as from 6th May 1999 (the date of the first elections to the Scottish Parliament) and, in relation to Scottish statutory instruments, as from the principal appointed day, which is 1st July 1999 by virtue of the Scotland Act 1998 (Commencement) Order 1998 (S.I. 1998/3178). Articles 4 to 15 will cease to have effect on the day appointed by or under any Act of the Scottish Parliament.