The Scotland Act 1998 (Modifications of Schedules 4 and 5) Order 1999

Explanatory Note

(This note is not part of the Order)

This Order makes certain modifications to Schedules 4 and 5 to the Scotland Act 1998 (c. 46). Those Schedules are concerned with matters which are outwith the legislative competence of the Scottish Parliament.

Article 2 excepts from the reservation of funding for political parties the making of payments to any political party for the purpose of assisting members of the Scottish Parliament who are connected with the party to perform their parliamentary duties.

Article 3 has the effect of reserving the functions of the Secretary of State which are exercisable through the Export Credits Guarantee Department.

Article 4 excepts from the reservation of the interception of communications in Section B8 of Schedule 5 the interception of certain communications made to or by a person detained at a place of detention such as a prison or a hospital.

Article 5 reserves public access information held by public bodies or holders of public offices (including government departments and persons acting on behalf of the Crown). This is subject to an exception which would permit the Scottish Parliament to legislate about public access to information held by the Parliament, any part of the Scottish administration, the Parliamentary corporation and any Scottish public authority with mixed functions or no reserved functions, unless such information is supplied in confidence by a Minister of the Crown or government department.

Article 6 modifies the reservation for health and safety and makes it clear that the Health and Safety Commission, the Health and Safety Executive and the Employment Medical Advisory Service are reserved bodies.