- 2 Dec 2019
Date received: 4 Nov 2019
Date responded: 1 Dec 2019
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.
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
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.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House