Page:Scotland Act 1998.pdf/109

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Scotland Act 1998
c. 46103

Sch. 8

Superannuation Act 1972 (c. 11)

14. In section 1(6) of the Superannuation Act 1972 (superannuation as respects civil servants etc.), for “or the Consolidated Fund” there is substituted “the Consolidated Fund or the Scottish Consolidated Fund”.

European Communities Act 1972 (c. 68)

15.—(1) The European Communities Act 1972 is amended as follows.

(2) In section 2 (general implementation of Treaties)—

(a) references to a statutory power or duty include a power or duty conferred by an Act of the Scottish Parliament or an instrument made under such an Act, and
(b) references to an enactment include an enactment within the meaning of this Act.

(3) In relation to regulations made by the Scottish Ministers, or an Order in Council made on the recommendation of the First Minister, under section 2—

(a) in subsection (2), “designated” in the first sentence, and the second sentence, shall be disregarded,
(b) references to an Act of Parliament shall be read as references to an Act of the Scottish Parliament, and
(c) paragraph 2(2) of Schedule 2 shall have effect as if the references to each, or either, House of Parliament were to the Scottish Parliament.

(4) In section 3(4) (evidence), references to a government department include any part of the Scottish Administration.

Interpretation Act 1978 (c. 30)

16.—(1) The Interpretation Act 1978 is amended as follows.

(2) After section 23 there is inserted—

“Acts of the Scottish Parliament etc.
23A.—(1) This Act applies in relation to an Act of the Scottish Parliament and an instrument made under such an Act only to the extent provided in this section.
(2) Except as provided in subsection (3) below, sections 15 to 18 apply to
(a) an Act of the Scottish Parliament as they apply to an Act,
(b) an instrument made under an Act of the Scottish Parliament as they apply to subordinate legislation,
(3) In the application of those sections to an Act and to subordinate legislation―
(a) references to an enactment include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and
(b) the reference in section 17(2)(b) to subordinate legislation includes an instrument made under an Act of the Scottish Parliament.
(4) In the application of section 20 to an Act and to subordinate legislation, references to an enactment include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”
(3) In Schedule 1 (words and expressions defined), the following definitions are inserted in the appropriate places—