Statutory Instruments
1998 No. 3178 (C. 79) (S. 193)

CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
The Scotland Act 1998 (Commencement) Order 1998

Made
16th December 1998

In exercise of the powers conferred upon me by sections 115(2), 126(1) and 130 of the Scotland Act 1998(1), I hereby make the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Scotland Act 1998 (Commencement) Order 1998.

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

Appointed days

2.—(1) All the provisions of the Act, so far as not then in force, shall come into force on 1st July 1999, except the provisions specified in Schedule 5 to this Order.

(2) The provisions of the Act, specified in column 1 of any of the Schedules to this Order and the subject matter of which is described in column 2 of that Schedule shall, so far as not then in force, come into force on the day appointed in relation to that Schedule in the Table below but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.

TABLE

Schedule
Appointed day

1
25th January 1999

2
1st April 1999

3
6th May 1999

4
20th May 1999

5
1st April 2000

Principal Appointed Day

3.  The principal appointed day is 1st July 1999.

Donald C Dewar
Secretary of State for Scotland
St Andrew’s House,
Edinburgh
16th December 1998

Article 2(2)

SCHEDULE 1PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 25TH JANUARY 1999

Column 1
Column 2
Column 3

Provisions of the Act
Subject matter
Purpose

Section 21(8)
Scottish Parliamentary Corporate Body
Only for the purpose of bringing into force the provisions of Schedule 2 specified in column 1 below

Section 37
Acts of Union

Section 38(3)
Letters Patent and proclamations

Section 51(4) and (7)
Civil Service
Only for the purpose of enabling any delegation of civil service management functions or any determination of payments to be made to come into force not earlier than 6th May 1999

Section 56(2)
Shared powers
Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 1st July 1999

Section 60

Transfers of property etc. to the Scottish Ministers

Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 1st July 1999

Section 62
Transfers of property etc. to the Lord Advocate
Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 20th May 1999

Section 71(6)
Existing debt
Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 1st July 1999

Section 88
Cross-border public authorities: initial status
Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 1st July 1999

Section 97
Assistance for opposition parties
Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 6th May 1999

Section 103(3)
Judicial Committee
Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 6th May 1999

Section 105
Power to make provision consequential upon the Act

Section 106
Power to adapt functions

Schedule 2, paragraphs 2(2) to (4) and 7
Transfers of property etc. to, and Crown status of, Scottish Parliamentary Corporate Body
Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 6th May 1999

Article 2(2)

SCHEDULE 2PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 1ST APRIL 1999

Column 1
Column 2
Column 3

Provisions of the Act
Subject matter
Purpose

Section 64(1), (2) and (8)
Scottish Consolidated Fund

Article 2(2)

SCHEDULE 3PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 6TH MAY 1999

Column 1
Column 2
Column 3

Provisions of the Act
Subject matter
Purpose

Sections 19 to 22
Presiding Officer, administration and proceedings

Section 23
Power to call for witnesses and documents
Only for the purpose of enabling the Parliament to require any member of the Scottish Executive or his staff to attend its proceedings for the purpose of giving evidence or to produce documents in his custody or under his control

Sections 24 to 26
Witnesses and documents: notice, offences and general

Section 30
Legislative competence: supplementary

Section 38(1), (2), (4) to (6)
Letters Patent and proclamations

Sections 40 to 43
Legal issues

Sections 44 to 47, except section 44(1)(c)
The Scottish Executive, First Minister and Ministers

Section 48(1)
Appointment and removal of the Scottish Law Officers
Only for the purpose of enabling the First Minister to recommend the appointment of the Lord Advocate and Solicitor General for Scotland to take effect from a date not earlier than 20th May 1999

Sections 49 to 51
Junior Scottish Ministers, validity of acts of Scottish Ministers and the Civil Service

Section 52
Exercise of functions
For all purposes except so far as relating to the Lord Advocate

Section 57(2)
Community law and Convention rights

Section 58
Power to prevent or require action

Sections 59 and 60
Property and liabilities of, and transfers to, the Scottish Ministers

Section 61(4)
Rights and liabilities of the First Minister

Section 63
Power to transfer functions
Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 1st July 1999

Section 69
The Auditor General for Scotland

Part IV
The tax-varying power

Sections 81 to 85
Remuneration of, and other provisions about, members of the Scottish Parliament and Executive

Section 89
Power to adapt etc. cross- border public authorities
Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 1st July 1999

Section 92
Queen’s Printer for Scotland

Section 93
Agency arrangements
Only for the purpose of enabling subordinate legislation to be made to come into force not earlier than 1st July 1999

Section 96
Provision of information to the Treasury

Section 97
Assistance for opposition parties

Sections 98 to 100 and 103
Juridical

Sections 108 to 111
Supplementary powers

Section 123
Stamp Duty
For all purposes except so far as relating to the Lord Advocate

Section 125
Amendments and repeals
Only for the purpose of bringing into force the provisions of Schedule 8 specified in column 1 below

Schedule 2
Scottish Parliamentary Corporate Body

Schedule 3
Standing orders: further provision

Schedule 5
Reserved matters

Schedule 6
Devolution issues

In Schedule 8, paragraphs 13, 14, 18, 24, 25, 26, 28, 30, 31 and 33

Article 2(2)

SCHEDULE 4PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 20TH MAY 1999

Column 1
Column 2
Column 3

Provisions of the Act
Subject matter
Purpose

Section 27
Participation of the Scottish Law Officers

Section 44(1)(c)
The Scottish Executive

Section 48
The Scottish Law Officers

Section 52
Exercise of functions

Section 57(3)
Community law and Convention rights

Sections 61(1) to (3) and 62 Section 87
Property rights and liabilities of, and transfer to, the Lord Advocate The Advocate General for Scotland

Section 123
Stamp duty

Section 125
Amendments and repeals
Only for the purpose of bringing into force the provisions of Schedules 8 and 9 specified in column 1 below

In Schedule 8, paragraphs 2, 7 and 32
In Schedule 9, the entries relating to the House of Commons Disqualification Act 1975 and the Ministerial and other Salaries Act 1975

Article 2(2)

SCHEDULE 5PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 1ST APRIL 2000

Column 1
Column 2
Column 3

Provisions of the Act
Subject matter
Purpose

Section 120
Accounts and audit

Section 125
Amendments
Only for the purpose of bringing into force the paragraph of Schedule 8 specified in column 1 below

In Schedule 8, paragraph 20

Explanatory Note

(This note is not part of the Order)
This Order appoints various days for the coming into force of all the provisions of the Scotland Act 1998 (c. 46) (“the Act”), except those which were brought into force on enactment by virtue of section 130(1) of that Act.
Article 2(1) provides that all the provisions of the Act, so far as not then in force, should come into force on 1st July 1999, except those specified in Schedule 5. Article 3 designates 1st July 1999 as the principal appointed day for the purposes of the Act. It is on this day that the Scottish Parliament will acquire its power to make laws and that functions will be transferred to Scottish Ministers.
Article 2(2) appoints the following days for the coming into force of various provisions of the Act, namely:
(a)25th January 1999 for the provisions in Schedule 1 which are mainly about the making of subordinate legislation;
(b)1st April 1999 for the provisions in Schedule 2 which are mainly about the establishment of the Scottish Consolidated Fund;
(c)6th May 1999 for the provisions in Schedule 3 which are mainly about the constitution, proceedings and administration of the Scottish Parliament;
(d)20th May 1999 for the provision in Schedule 4 which are mainly about the Scottish Law Officers; and
(e)1st April 2000 for the provisions in Schedule 5 which are mainly about the examination and auditing of accounts.

(1)
1998 c. 46. The definition of “the principal appointed day” in section 126(1) contains a power which is relevant to the making of this order.