Statutory Instruments
2015 No. 683
Constitutional Law
Devolution, Scotland
The Scotland Act 2012 (Saving and Consequential Provisions) Order 2015
Made
17th March 2015
Laid before Parliament
18th March 2015
Coming into force in accordance with article 1
The Secretary of State makes the following Order in exercise of the powers conferred by section 42(1), (2) and (4) of the Scotland Act 2012( 1 ):
Citation and commencement
1. This Order may be cited as the Scotland Act 2012 (Saving and Consequential Provisions) Order 2015 and comes into force immediately after sections 1 and 3 of the Scotland Act 2012( 2 ) (administration of, and supplementary and transitional provision about, Scottish Parliament elections) come into force.
Saving provision
2. Articles 3 to 9 of this Order and sections 1 and 3 of the Scotland Act 2012 have no effect for the purposes of any election for which the date of poll is on or before 4th April 2016.
Consequential provision
3. In Schedule 1 to the Scotland Act 1998 (Agency Arrangements) (Specification) Order 1999( 3 ) (functions of a Minister of the Crown which may be exercised on behalf of that Minister under agency arrangements with the Scottish Ministers), omit paragraphs 4 and 13 to 19.
4. The Scottish Parliament (Elections etc. ) Order 2010( 4 ) is amended in accordance with articles 5 to 9.
5. In article 18 (payment by and to returning officers), which applies, with modifications, section 29 of the Representation of the People Act 1983( 5 )—
(a) after paragraph (b) insert—
“ (ba) any reference to the Secretary of State shall be construed as a reference to the Scottish Ministers;
(bb) any reference to the Consolidated Fund shall be construed as a reference to the Scottish Consolidated Fund; ” ;
(b) after paragraph (f) add—
“ (g) subsection (9) (Treasury consent) shall be disregarded. ” .
6. In article 20 (loan of equipment for Scottish parliamentary elections), omit paragraph (1).
7. In article 62(3) (remuneration for free postal services provided), for “the Consolidated Fund” substitute “the Scottish Consolidated Fund”.
8. In article 74 (details to appear on election publications), for paragraph (15) substitute—
“ (15) Regulations under paragraph (7) shall be subject to the negative procedure. ” .
9. In the tables in Parts 1 and 2 of Schedule 6 (legal proceedings), which apply, with modifications, certain provisions of Part 3 of the Representation of the People Act 1983, opposite each entry in the first column for section 125( 6 ) (judges’ expenses: Scotland), in the second column insert—
“ In paragraph (b) for “the Treasury out of moneys provided by Parliament” substitute “the Scottish Ministers out of the Scottish Consolidated Fund”. ” .
David Mundell
Parliamentary Under Secretary of State
Scotland Office
Dover House,
London
17th March 2015
Sections 1 and 3 are to come into force on 1st July 2015 in accordance with S.I. 2015/682 .
S.I. 1999/1512 , to which there are amendments not relevant to this Order.
S.I. 2010/2999 , amended by S.I. 2011/2085 ; there is another amending instrument but it is not relevant.
1983 c.2 ; section 29 was amended by the Representation of the People Act 1991 (c.11) , section 1; the Representation of the People Act 2000 (c.2) , Schedule 6, paragraph 4; the Electoral Administration Act 2006 (c.22) , section 68; the Electoral Administration and Registration Act 2013 (c.6) , section 18; and S.I. 1991/1728 ; it is also amended by the Political Parties, Elections and Referendums Act 2000 (c.41) , Schedule 21, paragraph 6(3) and the Electoral Administration Act 2006, Schedule 1, paragraph 107(2), but these amendments are not yet in force.
Section 125 was amended by the Representation of the People Act 1985 (c.50) , Schedule 4, paragraph 46 and Schedule 5.