Sch. 8
- (a) in subsection (2), for “appointing” there is substituted “providing” and for “appointment” there is substituted “provision”, and
- (b) in subsection (4), for “appointed” there is substituted “provided”.
European Communities (Amendment) Act 1993 (c. 32)
28. In section 6 of the European Communities (Amendment) Act 1993 (persons who may be proposed for membership of the Committee of the Regions), after “he is” there is inserted “a member of the Scottish Parliament”.
Scottish Land Court Act 1993 (c. 45)
29. In section 1 of the Scottish Land Court Act 1993 (the Scottish Land Court)—
- (a) in subsection (2), for “Secretary of State” there is substituted “First Minister”, and
- (b) after subsection (2) there is inserted—
- “(2A) Before recommending the appointment of a person as Chairman, the First Minister shall consult the Lord President of the Court of Session.”
Value Added Tax Act 1994 (c. 23)
30. In section 41 of the Value Added Tax Act 1994 (application to the Crown), in subsection (6), after “includes” there is inserted “the Scottish Administration”.
31. In section 12(1) of the Requirements of Writing (Scotland) Act 1995 (interpretation)—
- (a) in the definition of “Minister”, after “1975” there is inserted “and also includes a member of the Scottish Executive”, and
- (b) in paragraph (a) of the definition of “officer”, after “Department” there is inserted “or, as the case may be, as a member of the staff of the Scottish Ministers or the Lord Advocate”.
Criminal Procedure (Scotland) Act 1995 (c. 46)
32.—(1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.
(2) After section 288 there is inserted—
“Devolution issues
- Rights of appeal for Advocate General: devolution issues.
- 288A.—(1) This section applies where—
- (a) a person is acquitted or convicted of a charge (whether on indictment or in summary proceedings), and
- (b) the Advocate General for Scotland was a party to the proceedings in pursuance of paragraph 6 of Schedule 6 to the Scotland Act 1998 (devolution issues).
- (2) The Advocate General for Scotland may refer any devolution issue which has arisen in the proceedings to the High Court for their opinion; and the Clerk of Justiciary shall send to the person acquitted or convicted and to any solicitor who acted for that person at the trial, a copy of the reference and intimation of the date fixed by the Court for a hearing.
- (3) The person may, not later than seven days before the date so fixed, intimate in writing to the Clerk of Justiciary and to the Advocate General for Scotland either—
