Statutory Instruments
2017 No. 241
Constitutional Law
Devolution, Scotland
Taxes
The Scottish Fiscal Commission Act 2016 (Consequential Provisions and Modifications) Order 2017
Made
28th February 2017
Coming into force in accordance with article 1(2)
The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1), 113(5) and 114(1) of the Scotland Act 1998( 1 ).
In accordance with paragraphs 1, 2 and 3 of Schedule 7 to that Act, a draft of this Order has been laid before and approved by a resolution of each House of Parliament.
Citation and commencement
1. —(1) This Order may be cited as the Scottish Fiscal Commission Act 2016 (Consequential Provisions and Modifications) Order 2017.
(2) This Order comes into force on the same day as section 1 (establishment of the Scottish Fiscal Commission) of the Scottish Fiscal Commission Act 2016( 2 ) comes into force.
Status of the Scottish Fiscal Commission as part of the Scottish Administration
2. The Scottish Fiscal Commission( 3 ) is part of the Scottish Administration.
Construction of references to an office-holder in the Scottish Administration
3. —(1) Unless the context otherwise requires, references in the Scotland Act 1998 and any other enactment (except the Crown Suits (Scotland) Act 1857( 4 )) to an office-holder in the Scottish Administration are to be taken to include a reference to the Scottish Fiscal Commission.
(2) Paragraph (1) applies whether or not the enactment defines the expression “office-holder in the Scottish Administration” by reference to the Scotland Act 1998 or any specific provision of that Act.
Office for Budget Responsibility: duty to co-operate
4. After section 7 of the Budget Responsibility and National Audit Act 2011( 5 ), insert—
“ Duty to co-operate with the Scottish Fiscal Commission
7A. The Office must, so far as necessary for the performance of the Scottish Fiscal Commission’s functions, co-operate with the Commission. ” .
House of Commons Disqualification Act 1975
5. In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975( 6 ) (bodies of which all members are disqualified), insert the following entry at the appropriate place—
“ The Scottish Fiscal Commission ” .
David Mundell
Secretary of State
Scotland Office
Dover House
London
28th February 2017
The Scottish Fiscal Commission is established by section 1 of the Scottish Fiscal Commission Act 2016.
2011 c.4 .