The Scotland Act 1998 (Transitory and Transitional Provisions) (Orders subject to Special Parliamentary Procedure) Order 1999

This Order may be cited as the Scotland Act 1998 (Transitory and Transitional Provisions) (Orders subject to Special Parliamentary Procedure) Order 1999 and shall come into force when section 94 of the 1998 Act comes into force2.

In this Order—

• “the 1998 Act” means the Scotland Act 1998;

• “empowering enactment”, in relation to a special procedure order, includes any enactment other than this Order which has the effect of requiring the service of notices in connection with the order; and

• “special procedure order” means an order to which this Order applies in accordance with article 2(1).

Any reference in this Order to a numbered article is a reference to an article bearing that number in this Order and any reference in an article in this Order to a numbered paragraph is to a paragraph bearing that number in that article.

This Order applies in relation to any order (within the meaning of the Statutory Orders (Special Procedure) Act 19453) in relation to which section 94(2)(b) of the 1998 Act applies.

This Order shall cease to have effect on the day appointed by or under an Act of the Scottish Parliament providing, or making provision for, the special procedure referred to in section 94(2) of the 1998 Act.

The notice shall specify the time within which and the manner in which objections maybe made to the application or to the proposed order, as the case may be.

For the purposes of this article, a notice shall be sufficient notice of a special procedure order if it sets out the purport of the order and specifies a place where copies thereof may be inspected free of charge at all reasonable hours.

If any objection (other than an objection which in the opinion of the Scottish Ministers is frivolous or which relates to a matter that can be dealt with by an arbiter by whom compensation is to be assessed) is duly made in the time and manner specified in a notice under article 5 or in accordance with the provisions of the empowering enactment and is not withdrawn, the special procedure order shall not take effect unless it is confirmed, whether with or without amendments, by an Act of the Scottish Parliament.

The Bill for such an Act shall set out the special procedure order and may be introduced by the applicant for the order or by the Scottish Ministers.

The Bill shall, in the absence of any special provision in the standing orders of the Parliament concerning the procedure for such a Bill, be treated after introduction as a Private Bill for the purposes of the standing orders of the Parliament4.

If there are no objections (other than an objection which in the opinion of the Scottish Ministers is frivolous or which relates to a matter which can be dealt with by an arbiter by whom compensation is to be assessed) the Scottish Ministers may lay the special procedure order before the Parliament.

If, within the period of 40 days beginning with the date on which a copy of the special procedure order is laid before it, the Scottish Parliament resolves that the order be annulled, the order shall thereupon become void and no further proceedings shall be taken thereon, but without prejudice to the laying before the Parliament of a new special procedure order.

If, at the expiration of the period mentioned in paragraph (2) the Parliament has not resolved that the special procedure order be annulled, the order shall come into operation at the expiration of that period or on such later date, if any, as may be specified in the order.

In calculating the period of 40 days for the purposes of this Order, no account shall be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.