The Scotland Act 1998 (Consequential Modifications) (No.1) Order 1999

PART IMODIFICATIONS OF PUBLIC GENERAL ACTS

Documentary Evidence Act 1868 (c. 37)

1.—(1) The Documentary Evidence Act 1868 is amended as follows.

(2) In section 2 (mode of proving certain documents)–

(a)after “officer”, in the first place where it appears, there is inserted “or office-holder in the Scottish Administration”; and

(b)in paragraph (3), after “officers” there is inserted “or office-holders” and after “officer” there is inserted “or office-holder”.

(3) In section 5(1) (definition of terms)–

(a)in the definition of “Government printer”, after “Her Majesty,” there is inserted “the Queen’s Printer for Scotland,”; and

(b)in the appropriate place there is inserted ““office-holder in the Scottish Administration” has the same meaning as in the Scotland Act 1998.”.

(4) In the Schedule–

(a)in the appropriate place in column 1, there is inserted “any office-holder in the Scottish Administration”; and

(b)in the corresponding place in column 2, there is inserted “a member of the staff of the Scottish Administration”.

Promissory Oaths Act 1868 (c. 72)

2.—(1) The Promissory Oaths Act 1868 is amended as follows.

(2) After section 5 (persons to take the oath of allegiance and official oath), there is inserted–

“Taking of oaths by members of Scottish Executive

5A.  Where the official oath or oath of allegiance is required to be taken by any member of the Scottish Executive in accordance with section 84(4) of the Scotland Act 1998, it shall be tendered to him by the Lord President of the Court of Session at a sitting of the Court.”.

(3) In section 7 (penalty on not taking required oath)–

(a)after “hereto” there is inserted “or any member of the Scottish Executive”; and

(b)after “Act” there is inserted “or section 84(4) of the Scotland Act 1998”.

(4) In section 9 (prohibition of oath of allegiance except in accordance with Act), after “the Parliamentary Oaths Act 1866,” there is inserted “and the Scotland Act 1998,”.

Documentary Evidence Act 1882 (c. 9)

3.  In section 2 of the Documentary Evidence Act 1882 (documents printed under superintendence of Stationery Office receivable in evidence), after “Queen’s Printer,” there is inserted “or the Queen’s Printer for Scotland,”.

Secretary for Scotland Act 1885 (c. 61)

4.  Section 8 of the Secretary for Scotland Act 1885 (Secretary to be Keeper of the Great Seal) is omitted.

Parliamentary Commissioner Act 1967 (c. 13)

5.  In section 4 of the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), after subsection (3A)(1) there is inserted–

“(3B) No entry shall be made in respect of any member of the Scottish Executive or in respect of the Scottish Parliamentary Corporate Body.”.

Post Office Act 1969 (c. 48)

6.  In section 84 of the Post Office Act 1969 (exemption from postage of certain petitions and addresses, and limitation of amount of postage recoverable in respect of Parliamentary proceedings), at the end there is inserted–

“(4) In the application of this section to Scotland, the references to either House of Parliament include the Scottish Parliament and the reference to Parliamentary proceedings includes proceedings of the Scottish Parliament.”.

Juries Act 1974 (c. 23)

7.  In Part III of Schedule 1 to the Juries Act 1974 (persons excusable as of right from jury service), after the entries under the heading “National Assembly for Wales”(2) there is inserted–

“Public Officials

• The Auditor General for Scotland.”.

Solicitors (Scotland) Act 1980 (c. 46)

8.  In section 59(2) of the Solicitors (Scotland) Act 1980 (authority of notaries public to administer oaths), at the end there is inserted “or before the Scottish Parliament or any committee thereof”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

9.  In Part III of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (persons excusable as of right from jury service), before Group C(3) there is inserted–

“Group BBPublic Officials

• The Auditor General for Scotland.”.

British Nationality Act 1981 (c. 61)

10.  In section 50(1) of the British Nationality Act 1981 (interpretation), in the definition of “Crown service under the government of the United Kingdom”, after “Northern Ireland” there is inserted “or under the Scottish Administration”.

Legal Aid (Scotland) Act 1986 (c. 47)

11.—(1) The Legal Aid (Scotland) Act 1986 is amended as follows.

(2) In section 21 (scope and nature of criminal legal aid), after subsection (1)(b) there is inserted–

“(c)any reference, appeal or application for special leave to appeal to the Judicial Committee of the Privy Council under paragraph 11 or 13(a) of Schedule 6 to the Scotland Act 1998”.

(3) In section 25AA(4) (legal aid in respect of appeals under section 303A of the 1995 Act)–

(a)in subsection (1) for the words “section 25 of this Act applies” there is substituted “sections 25 and 25AB of this Act apply”;

(b)in subsection (2) after the words “section 25” there are inserted the words “or section 25AB”;

(c)in subsection (3)(a) after the words “section 25” there are inserted the words “or section 25AB”; and

(d)in subsection (4)(a) for the words “section 25(2)(a)” there is substituted “sections 25(2)(a) and 25AB(2)”.

(4) After section 25AA there is inserted–

“Legal aid in references, appeals or applications for special leave to appeal to the Judicial Committee of the Privy Council

25AB.—(1) This section shall apply to criminal legal aid in connection with any reference, appeal or application for special leave to appeal to the Judicial Committee of the Privy Council under paragraph 11 or 13(a) of Schedule 6 to the Scotland Act 1998.

(2) Subject to regulations made under section 21(2) of this Act criminal legal aid to which this section applies shall be available on an application made to the Board if–

(a)the Board is satisfied after consideration of the financial circumstances of the applicant that the expenses of the reference, appeal or application for special leave to appeal cannot be met without undue hardship to the applicant or his dependants; and

(b)in the case of an application for special leave to appeal, the Board is satisfied in all the circumstances of the case that it is in the interests of justice that the applicant should receive legal aid.

(3) The Board may require a person receiving criminal legal aid under this section to comply with such conditions as it considers expedient to enable it to satisfy itself from time to time that it is reasonable for him to continue to receive criminal legal aid.

(4) Criminal legal aid shall not be available under this section in connection with a reference under paragraph 11 of Schedule 6 to the Scotland Act 1998 where criminal legal aid was made available under section 23, 24 or 25 of this Act in connection with the proceedings in which the reference is made.”.

(5) In paragraph 1 of Part I of Schedule 2 (courts in which civil legal aid is available), after “in relation to civil proceedings in” there is inserted–

• “the Judicial Committee of the Privy Council, in references, appeals and applications for special leave to appeal under paragraphs 10, 12 and 13(b) of Schedule 6 to the Scotland Act 1998;”.

Olympic Symbol etc. (Protection) Act 1995 (c. 32)

12.  In section 4(16) of the Olympic Symbol etc. (Protection) Act 1995 (limits on effect), in the definition of “parliamentary proceedings” after “includes proceedings” there is inserted “of the Scottish Parliament,”.

Criminal Procedure (Scotland) Act 1995 (c. 46)

13.—(1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2) In section 112 (admission of appellant to bail), after subsection (5) there is inserted–

“(6) Subject to subsection (7) below, the High Court may, if it thinks fit, on the application of a convicted person, admit him to bail pending the determination of any appeal under paragraph 13(a) of Schedule 6 to the Scotland Act 1998 and the disposal of the proceedings by the High Court thereafter.

(7) The High Court shall not admit a convicted person to bail under subsection (6) above unless the application for bail states reasons why it should be granted and the High Court considers there to be exceptional circumstances justifying admitting the convicted person to bail.

(8) A person who is admitted to bail under subsection (6) above shall, unless the High Court otherwise directs, appear personally in the High Court at any subsequent hearing in the High Court in relation to the proceedings; and if he fails to do so the court may, without prejudice to section 27 of this Act, make such order as it thinks fit.”.

(3) In section 121 (suspension of disqualification, forfeiture, etc.), after subsection (4) there is inserted–

“(5) In this section–

(a)“appeal” includes an appeal under paragraph 13(a) of Schedule 6 to the Scotland Act 1998; and

(b)in relation to such an appeal, references to an appeal being determined are to be read as references to the disposal of the proceedings by the High Court following determination of the appeal.”.

(4) In section 121A(5) (suspension of certain sentences pending determination of appeal), after subsection (4) there is inserted–

“(5) Subsections (1), (2) and (4) above apply to an appeal under paragraph 13(a) of Schedule 6 to the Scotland Act 1998 and, in relation to such an appeal–

(a)references to an appeal being determined are to be read as references to the disposal of the proceedings by the High Court following determination of the appeal; and

(b)the reference in subsection (2) to the hearing of the appeal is to be read as a reference to any subsequent hearing in the High Court in relation to the proceedings.

(6) Where a person fails to appear personally in court as mentioned in subsection (2) as read with subsection (5) above, the court may make such order as it thinks fit.”.

(5) In section 122 (fines and caution)–

(a)in subsection (4), after “Advocate” there is inserted “or any appeal by the Lord Advocate or the Advocate General for Scotland under paragraph 13(a) of Schedule 6 to the Scotland Act 1998”; and

(b)after subsection (4), there is inserted–

“(5) In subsections (1) and (3) above, “appeal” includes an appeal under paragraph 13(a) of Schedule 6 to the Scotland Act 1998.”.

(6) In section 124(2) (finality of proceedings)–

(a)after “subsection (3) below” there is inserted “and paragraph 13(a) of Schedule 6 to the Scotland Act 1998”; and

(b)after “whatsoever and” there is inserted “, except for the purposes of an appeal under paragraph 13(a) of that Schedule,”.

(7) In section 177 (procedure where appellant in custody), after subsection (7) there is inserted–

“(8) Subsections (6) and (7) of section 112 of this Act (bail pending determination of appeals under paragraph 13(a) of Schedule 6 to the Scotland Act 1998) shall apply to appeals arising in summary proceedings as they do to appeals arising in solemn proceedings.”.