MODEL SCOTTISH STATUTORY INSTRUMENTS

2017 No.
CENSUS

The Census Act 1920, Section 1 (Procedure) (Scotland) Order 2017

[draft]

Made []th December 2017

Coming into force 2017

The Scottish Ministers make this Order in exercise of the powers conferred by section 34(2) of the
Interpretation and Legislative Reform (Scotland) Act 2010(a).

In accordance with section 34(1)(c) of that Act, the Scottish Parliament has resolved that subordinate
legislation made under the powers conferred by section 1 of the Census Act 1920(b) should instead
be subject to the affirmative procedure where it prescribes particulars falling under the description set
out in paragraph 6 of the Schedule to the Census Act 1920.

In accordance with section 34(3) of that 2010 Act, a draft of this Order has been laid before and
approved by resolution of the Scottish Parliament.

Citation and commencement

1. This Order may be cited as the Census Act 1920, Section 1 (Procedure) (Scotland) Order 2017
and comes into force on 1st January 2018.

Power to direct taking of census: procedure

2. For section 1(2) of the Census Act 1920, substitute
(2A) An Order in Council under this section is subject to the negative procedure unless it
prescribes particulars falling under the description in paragraph 6 of the Schedule.
(2B) An Order in Council under this section is subject to the affirmative procedure if it
prescribes particulars falling under the description in paragraph 6 of the Schedule.

(a) 2010 asp 10.

(b) 1920 c. 41
 EXPLANATORY NOTE
(This note is not part of the Order)
This Order modifies the procedure to which Orders in Council under section 1 (power to direct taking
of census) of the Census Act 1920 (c. 41) are subject.
Where the procedure is that set out for an Order in Council which does not prescribe particulars falling
under the description in paragraph 6 of the Schedule to that 1920 Act, the Order is subject to the
negative procedure by virtue of paragraph 3 of schedule 3 to the Interpretation and Legislative Reform
(Scotland) Act 2010 (which modifies pre-commencement enactments to convert the procedures those
enactments set out to newer procedures set out in that 2010 Act) and section 6(2) of the Statutory
Instruments Act 1946 (c. 36).
Where instead the procedure is that set out for an Order in Council which does prescribe such
particulars, the Order remains subject to the original procedure set out by that 1920 Act. Neither that
1946 Act nor that 2010 Act make provision which modifies a procedure where it is required that a
portion of the instrument be approved. Paragraph 5 of schedule 3 to that 2010 Act applies where the
instrument is approved in draft in its entirety, and so does not modify this procedure.
The inserted subsection (2A) mirrors the original requirement to lay a draft of the Order before the
Scottish Parliament, and the inserted subsection (2B) gives effect to the resolution made under section
34 of that 2010 Act and mentioned in the preamble.
The Scottish Ministers consider that it is necessary to replace the original provision in its entirety for
the reason that not doing so would be likely to adversely impact the clarity of the provision.