Sch. 7
Type I: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Type J: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the Parliament.
Type K: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the House of Commons.
Special cases
3.—(1) This paragraph applies if—
- (a) the instrument containing the legislation would, apart from this paragraph, be subject to the type F, G, H, I or K procedure, and
- (b) the legislation contains provisions which add to, replace or omit any part of the text of an Act.
(2) Where this paragraph applies—
- (a) instead of the type F procedure, the type A procedure shall apply,
- (b) instead of the type G procedure, the type B or (as the case may be) C procedure shall apply,
- (c) instead of the type H procedure, the type A procedure shall apply,
- (d) instead of the type I procedure, the type B or (as the case may be) C procedure shall apply,
- (e) instead of the type K procedure, the type E procedure shall apply.
4. If legislation under section 129(1) makes provision as mentioned in section 112(2) then, instead of the type G procedure, the type D procedure shall apply.
5.—(1) An instrument containing an Order in Council or order under an open power which revokes, amends or re-enacts subordinate legislation under an open power may (in spite of section 14 of the 1978 c. 30.Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original legislation was subject.
(2) An instrument containing an Order in Council under section 89 or 90 which revokes, amends or re-enacts an Order under either section may (in spite of section 14 of the Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original Order was subject.
Section 125.SCHEDULE 8
Modifications of enactments
Public Revenue (Scotland) Act 1833 (c. 13)
1. In section 2 of the Public Revenue (Scotland) Act 1833 (regulation of Queen’s and Lord Treasurer’s Remembrancer), for “Treasury” in both places there is substituted “Scottish Ministers”.
Crown Suits (Scotland) Act 1857 (c. 44)
2. (1) The Crown Suits (Scotland) Act 1857 is amended as follows.
(2) In section 1 (Crown suits may be brought by or against Lord Advocate)—
- (a) after “Crown" there is inserted “(including the Scottish Administration)”, and
