Statutory Instrument 1999 No. 1820

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

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© Crown Copyright 1999

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(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

(a) "with the concurrence of the Treasury" is omitted; and

(b) in paragraph (a), for "out of the Consolidated Fund or out of moneys provided by Parliament" there is substituted "by the Scottish Ministers".

National Galleries of Scotland Act 1906 (c.50)
     10. In the Schedule to the National Galleries of Scotland Act 1906 (further provision as to Board)[9]

(a) in paragraph 4(5) ,"given with the Treasury's consent" is omitted;

(b) in paragraph 6 ,"with the Treasury's approval" is omitted;

(c) in paragraph 8(3), "with the Treasury's consent" is omitted; and

(d) in paragraph 8(5), for "Comptroller and Auditor General" there is substituted "Auditor General for Scotland".

Census Act 1920 (c.41)
     11. In section 9 of the Census Act 1920 (application to Scotland)[10]-

(a) in subsection (1) for "the Secretary of State" there is substituted "the Scottish Ministers"; and

(b) after subsection (2) there is inserted-

    " (3) The Scottish Parliament shall be substituted for references to Parliament or either House of Parliament.

    (4) In section 2(3) "with the sanction of the Treasury" is omitted.".

Conveyancing (Scotland) Act 1924 (c.27)
     12. In section 34 (service of notice)[11], for "Secretary of State" there is substituted "Scottish Ministers".

National Library of Scotland Act 1925 (c.73)
     13.  - (1) The National Library of Scotland Act 1925 is amended as follows.

    (2) In section 2A(2) (appointment of Librarian)[12], "given with the Treasury's consent" is omitted.

    (3) In the Schedule (constitution and proceedings of Board)[13]-

(a) in paragraph 1 for "The Secretary of State" and "The Member of Parliament for Edinburgh Central" there is substituted respectively "A member of the Scottish Executive" and "The Member of the Scottish Parliament for Edinburgh Central";

(b) in paragraph 8(3) "with the Treasury's consent" is omitted; and

(c) in paragraph 8(5) for "Comptroller and Auditor General" there is substituted "Auditor General for Scotland".

Sheriff Courts and Legal Officers (Scotland) Act 1927 (c.35)
     14.  - (1) The Sheriff Courts and Legal Officers (Scotland) Act 1927 is amended as follows.

    (2) Section 6 (tenure of whole-time officers)[14] is omitted.

    (3) In section 12 (prosecutions at instance of procurator fiscal)[15], the words from "and, where" to the end are omitted.

    (4) Section 13 (expenses) is omitted.

Administration of Justice (Scotland) Act 1933 (c.41)
     15.  - (1) The Administration of Justice (Scotland) Act 1933 is amended as follows.

    (2) In section 23(1) (appointment of clerks in the Court of Justiciary), for "Secretary of State" there is substituted "Scottish Ministers".

    (3) In section 24 (appointment of officers of the Court of Session)[16]-

(a) in subsection (1)-


(i) for "Secretary of State" there is substituted "Scottish Ministers";

(ii) for "he" there is substituted "they"; and

(iii) ", with the sanction of the Treasury as to numbers," is omitted; and



(b) in subsection (7)-



(i) for "Secretary of State" in each place where it appears there is substituted "Scottish Ministers"; and

(ii) for "him" there is substituted "them".

    (4) In section 25 (appointment of Principal Clerk of Justiciary, &c.)[17], for "Secretary of State" there is substituted "Scottish Ministers".

    (5) In section 26 (age limit for officers of High Court of Justiciary and Court of Session)-

(a) for "Secretary of State" in each place where it appears there is substituted "Scottish Ministers";

(b) for "any office" there is substituted "the office of Auditor of the Court of Session";

(c) for "considers" there is substituted "consider";

(d) for "he" in the second and third place where it appears there is substituted "they"; and

(e) ", with the approval of the Treasury," is omitted.

    (6) In section 27 (remuneration of officers of High Court of Justiciary and Court of Session)[18]-

(a) in subsection (1)-


(i) for "Secretary of State" in each place where it appears there is substituted "Scottish Ministers"; and

(ii) for the words after "President" there is substituted ", from time to time determine"; and



(b) in subsection (2), for "Treasury" there is substituted "Scottish Ministers".

    (7) In section 28 (regulations for admission of officers of High Court of Justiciary and Court of Session)[19]-

(a) for "Secretary of State" where it first appears there is substituted "Scottish Ministers";

(b) "and with the concurrence of the Treasury and the Civil Service Commissioners" is omitted; and

(c) for the words after "admitted to" there is substituted "the office of Auditor of the Court of Session".

Harbours, Piers and Ferries (Scotland) Act 1937 (c.28)
     16. In section 20 of the Harbours, Piers and Ferries (Scotland) Act 1937 (discontinuance of marine work)-

(a) in subsection (1) the words from "given after consultation" to the end are omitted; and

(b) in subsection (2) the proviso is omitted.

Public Records (Scotland) Act 1937(c.43)
     17.  - (1) The Public Records (Scotland) Act 1937 is amended as follows.

    (2) In section 5(3) (provision for transfer of departmental and local authority records to the Keeper)-

(a) after the word "received" there is inserted "or to any part of the Scottish Administration"; and

(b) after the word "person", where it appears for the second time, there is inserted "or of such part of the Scottish Administration".

    (3) In section 11 (catalogues, &c. of records) ", with the consent of the Treasury," is omitted.

Statistics of Trade Act 1947 (c.39)
     18. For section 9(1)(a) of the Statistics of Trade Act 1947 (disclosure of information) there is substituted-

" (a) where the estimates, returns or information are in the possession of a government department and the Minister in charge of the department so directs, to a government department or the Scottish Ministers for the purposes of the exercise by the department or, as the case may be, the Scottish Ministers of any of their functions,

(aa) where the estimates, returns or information are in the possession of the Scottish Administration and the Scottish Ministers so direct, to a government department for the purposes of the exercise by the department of any of their functions,".

Fire Services Act 1947 (c.41)
     19.  - (1) The Fire Services Act 1947 is amended as follows.

    (2) In section 23 (training centres), after subsection (1) there is inserted-

    " (1A) The Scottish Ministers may arrange for members of fire brigades to attend such courses at the central training institution.".

    (3) The function under subsection (1)(a) of section 23 is not transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c.42)
     20.  - (1) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 is amended as follows.

    (2) In section 3(4) (power to extinguish certain public rights of way over land acquired), for "appropriate Minister" there is substituted "Scottish Ministers".

    (3) Section 7(2) (interpretation) is omitted.

    (4) In Part III of the First Schedule (special provisions as to certain descriptions of land), in paragraph 10 for "appropriate Minister" where the words first appear there is substituted "Scottish Ministers", for "appropriate Minister is", in each place where those words appear, there is substituted "Scottish Ministers are" and for "he is" there is substituted "they are".

Crown Proceedings Act 1947 (c.44)
     21. In section 2(6) of the Crown Proceedings Act 1947 (liability of the Crown in tort), after "Parliament" there is inserted "the Scottish Consolidated Fund".

Public Registers and Records (Scotland) Act 1948 (c.57)
     22. In section 1 of the Public Registers and Records (Scotland) Act 1948 (substitution of a Keeper of the Registers and a Keeper of the Records for the Keeper of the Registers and Records for Scotland)-

(a) subsections (4) and (5) are omitted; and

(b) in subsection (6) for "Secretary of State" there is substituted "Scottish Ministers".

Juries Act 1949 (c.27)
     23.  - (1) The Juries Act 1949 is amended as follows.

    (2) In section 24(1) (payments in respect of jury service in Scotland)[20], "with the consent of the Minister for Civil Service" is omitted.

    (3) In sections 26(1) (fee payable by party applying for jury trial in civil cause)[21] and 32(1) (interpretation of Part II), "with the consent of the Treasury" is omitted.

Coast Protection Act 1949 (c.74)
     24.  - (1) The Coast Protection Act 1949 is amended as follows.

    (2) In section 17 (notification to coast protection authority of coast protection work to be carried out by certain authorities)[22], as it applies to Scotland-

(a) in subsection (3)(b), for "Minister" there is substituted "Scottish Ministers";

(b) in subsection (4)-


(i) for "Minister and any other Minister being a Minister concerned", there is substituted "Scottish Ministers"; and

(ii) for "said Ministers", there is substituted "Scottish Ministers";



(c) in subsection (5), for "appropriate Minister", in both places where those words appear, there is substituted "Scottish Ministers"; and

(d) subsections (8) to (10) are omitted.

    (3) In section 21(3) (Exchequer grants)[23], before paragraph (a) there is inserted-

" (za) subsection (1) shall have effect as if the words "Subject to such conditions as the Treasury may determine" were omitted;".

Registered Designs Act 1949 (c.88)
     25. In section 45 of the Registered Designs Act 1949 (application to Scotland), after subsection (3) there is inserted-

    " (4) References to the Crown shall be construed as including references to the Crown in right of the Scottish Administration.".

Civil List Act 1952 (c.37)
     26. In section 1 of the Civil List Act 1952 (payment of hereditary revenues to the Exchequer)-

(a) at the beginning there is inserted "(1) Subject to subsection (2) below,"; and

(b) at the end there is inserted-

    " (2) In relation to Scotland, the hereditary revenues of the Crown from bona vacantia, ultimus haeres and treasure trove shall be paid into the Scottish Consolidated Fund.".

Historic Buildings and Ancient Monuments Act 1953 (c.49)
     27. In section 2 of the Historic Buildings and Ancient Monuments Act 1953 (Historic Buildings Council for Scotland)-

(a) in subsection (5), after "House of Commons", in each place where those words appear, there is inserted "or the Scottish Parliament"; and

(b) in subsections (5) and (6) "out of moneys provided by Parliament" and "with the approval of the Treasury" are omitted.

Atomic Energy Authority Act 1954 (c.32)
     28. In section 6(3)(c) of the Atomic Energy Authority Act 1954 (miscellaneous provision as to the Authority), at the end there is added "or a member of staff of the Scottish Administration specially authorised in that behalf by or on behalf of the Scottish Ministers,".

Building (Scotland) Act 1959 (c.24)
     29.  - (1) The Building (Scotland) Act 1959 is amended as follows.

    (2) For "Secretary of State", in each place in the Act where those words appear, there is substituted "Scottish Ministers".

    (3) In section 12(3) (Building Standards Advisory Committee), "with the approval of the Minister for the Civil Service" is omitted.

[2] Article 3 of the Scotland Act 1998 (Commencement) Order 1998 (S.I. 1998/3178) specifies 1st July 1999 as the principal appointed day for the purposes of the 1998 Act.back

[3] Functions of the Treasury under section 43 are now exercisable by the Secretary of State by virtue of S.I. 1974/1274, article 2(4), Schedule.back

[4] Section 6 was amended by the Reorganisation of Offices (Scotland) Act 1939 (c.20), section 1(6)(b), the Secretaries of State Act 1926 (c.18), section 1(3), S.R. & O. 1939/782, the Board of Agriculture and Fisheries Act 1903 (c.31), section 1(6), the Ministry of Agriculture and Fisheries Act 1919 (c.91), section 1(1), S.I. 1955/554, the Sea Fisheries Act 1968 (c.77), Schedule 1, paragraph 26, the Criminal Procedure (Scotland) Act 1975 (c.21), section 289(4), (5) and (8), the Fishery Limits Act 1976 (c.86), section 2(8)(a).back

[5] Section 7 was amended by the Reorganisation of Offices (Scotland) Act 1939 (c.30), section 1(6)(b), the Sea Fisheries Act 1968 (c.77), Schedule 1, paragraph 28, the Decimal Currency Act 1969 (c.19), section 10(1), the Sheriff Courts (Scotland) Act 1971 (c.58), section 4 and the Fishery Limits Act 1976 (c.86), section 2(8)(a).back

[6] Section 9 was amended by the Secretaries of State Act 1926 (c.18), section 1(3).back

[7] Section 6(1) was amended by the Sea Fisheries Act 1968 (c.77), Schedule 2, Part II.back

[8] Section 2 was substituted by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c.12), section 4.back

[9] The Schedule was inserted by the National Heritage (Scotland) Act 1985 (c.16), section 17.back

[10] Section 9 was amended by the Statute Law (Repeals) Act 1993 (c.50), Schedule 1, pt XVI, by the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 10 and by S.I. 1996/273, Schedule 2.back

[11] Section 34 was amended by the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35), section 34 and the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), article 4.back

[12] Section 2A was inserted by the National Heritage (Scotland) Act 1985 (c.16), section 18(4).back

[13] Paragraph 1 of the Schedule was substituted, and paragraph 8 inserted, by the National Heritage (Scotland) Act 1985, section 18(5) and (6) respectively.back

[14] Section 6 was amended by the Superannuation Act 1972 (c.11), Schedule 6, paragraph 10.back

[15] Section 12 was amended by the Scotland Act 1998 (c.46), Schedule 9.back

[16] Section 24 was amended by the Scotland Act 1998 (c.46), Schedule 9.back

[17] Section 25 was amended by the Public Records (Scotland) Act 1937 (c.43), Schedule 2 and by the Scotland Act 1998 (c.46), Schedule 9.back

[18] Section 27(1) was amended by the Statute Law (Repeals) Act 1981 (c.19), Schedule 1, Part I.back

[19] Section 28 was amended by the Superannuation Act 1972 (c.11), Schedule 6, paragraph 12.back

[20] Section 24 was substituted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55), Schedule 2.back

[21] Section 26 was amended by the Divorce Jurisdiction and Legal Aid (Scotland) Act 1982 (c.12), Schedule 1, paragraph 9 and Schedule 2.back

[22] Section 17 was amended by S.I. 1955/554, the Water Resources Act 1963 (c.38), Schedule 3, paragraph 4, and the Roads (Scotland) Act 1984 (c.54), Schedule 9, paragraph 38(2).back

[23] Section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 29, paragraph 17, the Southern Water Authority Act 1980 (c.xxxviii), section 18(1) and Schedule 1, Part I, and the Roads (Scotland) Act 1984 (c. 54), section 156(1), Schedule 19, paragraph 38(4).back