Joint Committee on Statutory Instruments Eleventh Report


Memorandum by the Scotland Office



  1. The Committee considered the above instrument at its meeting on 25 January and requested a memorandum on the following point:

The Explanatory Note to this Order states that the Order exempts byelaws promoted or made by persons other than local authorities and relating matters, which are reserved matters for the purposes of the Scotland Act 1998, from ceasing to have effect on 31 December 1999 in terms of Section 59(6)(a) of the Local Government etc (Scotland) Act 1994. Explain how the limitation indicated by the underlined words is effected.

  2. By virtue of section 53 of the Scotland Act 1998 functions conferred on a Minister of the Crown by an Act passed before or in the same session as the Scotland Act are, so far as they are exercisable within devolved competence, exercisable by Scottish Ministers instead of by a Minister of the Crown. It follows that, from 1st July 1999, when section 53 came into force, the power of the Secretary of State under section 59(6)(a) of the Local Government etc. (Scotland) Act 1994 was exercisable only in relation to matters which are not within devolved competence, that is in relation to matters which are reserved matters for the purposes of the Scotland Act. The limitation in question is therefore effected by the underlying primary legislation and no provision on the face of the Order was necessary or appropriate.

  3. The Department recognise that it would have been desirable to have explained the position in an appropriate footnote and, subject to the views of the Committee, this course will be adopted in future Orders.

31st January 2000

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