Private Legislation Procedure (Scotland) Act

42.19The Private Legislation Procedure (Scotland) Act 1899 provided a new and compulsory procedure for obtaining parliamentary powers in regard to almost every matter affecting public or private interests in Scotland for which they were entitled to apply by means of a private bill. The special machinery, which thus virtually took the place of procedure by private bill, centres on the powers conferred by the Act upon the Secretary for Scotland (now Secretary of State for Scotland) of issuing orders which are subsequently confirmed by Parliament in a bill. The Act of 1899 and an amending Act of 1933 were consolidated by the Private Legislation Procedure (Scotland) Act 1936. However, the Scotland Act 1998 has changed the situation by giving the Scottish Parliament a specific power to enact private bills.1 As a result, it seems likely that the procedure under the 1936 Act will be used rarely in the future. No bill has been presented since 2000, although a draft provisional order was deposited in 2007. Details of the procedure are set out in Erskine May (22nd edn, 1997), Chapter 41.

Footnotes

  1. Scotland Act 1998, s 36(3)(c).