Publication - FOI/EIR release

Orders under Section 30(2) of the Scotland Act 1998: FOI release

Published: 2 Dec 2019

Information request and response under the Freedom of Information (Scotland) Act 2002.

Published:
2 Dec 2019
Orders under Section 30(2) of the Scotland Act 1998: FOI release
FOI reference: FOI/201900005928
Date received: 4 Nov 2019
Date responded: 1 Dec 2019
Information requested

You asked how many times an Order under the procedure established in Section 30(2) of the Scotland Act 1998 has been used, and asked for information on the date orders were requested, requested by whom (Holyrood or Westminster), the date agreed or rejected, and subject matter of request.

Response

As regards the first element of your request, all orders made under section 30(2) of the Scotland Act 1998 are listed in the table below. The hyperlinks offer access to each specific order as recorded on the National Archives managed website www.legislation.gov.uk. The table indicates the year in which each Order was made at Privy Council.

Orders Made under Section 30(2) of Scotland Act 1998

Year Made No. of Orders Made Order Name and Link
1999 1 The Scotland Act 1998 (Modifications of Schedules 4 and 5) Order 1999
2000 2 The Scotland Act 1998 (Modifications of Schedule 4) Order 2000
The Scotland Act 1998 (Modifications of Schedule 5) Order 2000
2001 1 The Scotland Act 1998 (Modification of Schedule 5) Order 2001
2002 1 The Scotland Act 1998 (Modifications of Schedule 5) Order 2002
2004 1 The Scotland Act 1998 (Modifications of Schedule 5) Order 2004
2005 2 The Scotland Act 1998 (Modifications of Schedule 5) Order 2005
The Scotland Act 1998 (Modifications of Schedule 5) (No.2) Order 2005
2006 1 The Scotland Act 1998 (Modifications of Schedule 5) Order 2006
2009 1 The Scotland Act 1998 (Modification of Schedule 4) Order 2009
2013 2 The Scotland Act 1998 (Modification of Schedule 5) (No 2) Order 2013
The Scotland Act 1998 (Modification of Schedule 5) ) Order 2013
2014 1 The Scotland Act 1998 (Modification of Schedule 5) Order 2014
2015 3 The Scotland Act 1998 (Modification of Schedules 4 and 5 and
Transfer of Functions to the Scottish Ministers etc.) Order 2015
The Scotland Act 1998 (Modification of Schedule 5) Order 2015
The Scotland Act 1998 (Modification of Schedules 4 and 5) Order 2015

You asked for information on whether Holyrood or Westminster requested any order to be made under Section 30(2) of the Scotland Act. I should point out that decisions to promote such orders are made under a joint procedure and only with the agreement of both the Scottish and UK Governments. It is then for both legislatures to agree to the making of any order prior to its submission for making at the Privy Council.

You asked for information on the subject matter of each section 30 Order. The effect of such orders is to modify the terms of Schedules 4 or 5 to the Scotland Act which provide for what matters are reserved to the UK Parliament and Government. The subject matter of such orders is therefore ultimately a matter of legal interpretation. Furthermore, section 30 Orders are enabling in nature, with subsequent primary or secondary legislation necessary to give effect to any policy initiative. However, the Explanatory Note for each Order offers background on its content. The Explanatory Notes are available alongside each Order on www.legislation.gov.uk.

About FOI
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Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG