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Dewar Spells Out Remaining Steps to Scottish Parliament
16/12/1998
The Secretary of State for Scotland, Donald Dewar MP, today signed the order that will bring the Scotland Act 1998 into force.
Almost exactly one year on from the introduction of the Scotland Bill in the House of Commons, the commencement order breathes life into the Scotland Act by setting out the timetable for its component parts to come into force over the next year. The first elections to the Parliament are to be held on 6 May next year, with the Parliament and Executive taking up their powers on 1 July. The order provides for staged commencement of the Act to achieve this, with the first provisions coming into effect on 25 January and further batches on 1 April, 6 May, 20 May and 1 July 1999. The last provisions come into effect on 1 April 2000, at the end of the transitional financial year.
Mr Dewar said:
"On December 17 last year, I presented the Scotland Bill to the House of Commons. Today, almost exactly a year later, I have signed the order which brings the Scotland Act 1998 into force. This is yet another significant milestone on the road to devolution."
"The order provides for the Parliament and Executive to take up their powers on 1 July 1999, less than 200 days from now. There is a great deal of work still to do to bring the Parliament into being and to make sure that it can operate effectively."
"The Parliament will first meet shortly after the election on 6 May, and will have some work to do before it takes on its full powers. For example a Presiding Officer and deputies have to be elected; a First Minister and Executive have to be chosen; and various pieces of secondary legislation have to be put in place."
"Work is underway on the Parliament's temporary home at the Church of Scotland Assembly Hall; we are about to take over from Edinburgh Council the other buildings which will make up the interim Parliamentary complex around the Assembly Hall; the Consultative Steering Group is finalising its report on the way the Parliament should operate and we are recruiting staff and letting service contracts so that the Parliament can function properly from day one."
"The commencement order ensures that the process of devolution is an orderly one, and further demonstrates our commitment to deliver on our Manifesto and the Referendum result."
BACKGROUND
1. The Scotland Bill was introduced in the House of Commons on 17 December 1997 and completed its parliamentary stages on 16 November 1998. It became the Scotland Act 1998 when Royal Assent was signified in both Houses of Parliament on 19 November 1998.
2. Parts of the Act dealing mainly with elections came into force immediately on Royal Assent. The other parts of the Act come into force according to the Scotland Act 1998 (Commencement) Order 1998 which was made today by the Secretary of State under section 130 of the Act.
3. The first batch of provisions, which are brought into effect on 25 January 1998 allow secondary legislation to be made in readiness for the Parliament and Executive. This secondary legislation relates mainly to transfers of property, specifying functions which are to be shared between Whitehall Ministers and Scottish Ministers, designation of cross-border public authorities, providing procedural rules for the Judicial Committee of the Privy Council, financial assistance for opposition parties, and the making of consequential provisions.
4. Parts of section 64 are brought into force on 1 April to coincide with the beginning of the new financial year. This provides for the establishment of the Scottish Consolidated Fund, for the Secretary of State to make payments into it, and for the fund to be held with the Paymaster General. Financial arrangements for the year 1999-2000 will be provided by transitional orders made under section 129.
5. The main batch of provisions relating to the constitution, proceedings and operation of the Parliament are brought into force on 6 May 1999, to coincide with the first elections. These include sections on the Presiding Officer, SPCB, witnesses and documents, standing orders, proceedings against the Parliament, Ministers and the machinery for resolution of devolution issues.
6. The Lord Advocate and Solicitor General for Scotland will become members of the Scottish Executive on 20 May 1999, and a further batch of provisions is brought into force on this date to achieve their transfer from the UK government.
7. All provisions which have not already been brought into force are brought into force on 1 July 1999, except for a few which are held over to 1 April 2000. The provisions which are brought into force on 1 July are not specified in the order. On this day, the Parliament will gain its legislative powers and functions will transfer to the Scottish Ministers. Other provisions, such as the transfer of property and orders relating to the sharing or adaptation of functions, also come into effect. At this point, the Scotland Act will be almost fully in force.
8. The final provisions of the Scotland Act are brought into force on 1 April 2000. These remove requirements for various accounts to be scrutinised by the Comptroller and Auditor General. The C&AG will audit accounts for the transitional year 1999-2000, but this task will then be taken on by the Auditor General for Scotland. A provision in Schedule 8 which removes the role of the National Audit Office in carrying out value for money studies in respect of the Scottish Administration etc. is also brought into force.
9. Significant dates in the devolution timetable
1 May 1997 - General Election
14 May 1997 - Introduction of Referendums Bill
24 July 1997 - White Paper "Scotland's Parliament" published
11 September 1997 - Referendum
17 December 1997 - Scotland Bill Introduced in House of Commons
9 January 1998 - Holyrood site announced
12 January 1998 - Second Reading of Scotland Bill
17 June 1998 - Bill moves to House of Lords
6 July 1998 - Enric Miralles appointed as architect for Holyrood Parliament building
16 November 1998 - Completion of Parliamentary stages
19 November 1998 - Royal Assent
December 1998 - Consultative Steering Group reports to Secretary of State
April 1999 - Conversion work completed on interim accommodation at Mound
6 May 1999 - Elections to Scottish Parliament
Summer 1999 - Construction work begins on Holyrood site
1 July 1999 - Official opening. Scottish Parliament assumes legislative powers
Autumn 2001 - Holyrood building opens
News Release: 2661/98
16 December, 1998