MODEL STATUTORY INSTRUMENTS

2017 No. 2 (S. 1)

CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND

The Scotland Act 1998 (Portsmouth Defence Abolishment

(Scotland) Bill) Order 2017

Made 13th October 2017

Laid before Parliament 13th October 2017

Coming into force 13th October 2017

The Secretary of State is of the view that the Portsmouth Defence Abolishment (Scotland) Bill(a)
contains provisions which
(a) make modifications of the law as it applies to reserved matters, and
(b) would have an adverse effect on the operation of the law as it applies to reserved matters.

In accordance with section 35(2) of the Scotland Act 1998(b), the Secretary of State has identified the
provisions in question as section 4 of that Bill and the following reasons for making this Order
(i) that, under section 29(2)(d) of that Act, a provision of a Bill is outside the competence of
the Scottish Parliament so far as it is incompatible with any of the Convention rights;
(ii) that article 6 of the Convention (within the meaning of the Human Rights Act 1998(c))
guarantees the right to a fair trial; and
(iii) that the provisions in section 4 of that Bill, by requiring that an accused who makes use
of a particular defence in criminal proceedings be found guilty, are incompatible with the
rights afforded by article 6 of that Convention.

In accordance with section 4(1) of the Statutory Instruments Act 1946(d), notification has been sent
to the Speaker of the House of Commons and the Speaker of the House of Lords explaining why
copies of this Instrument could not be laid before Parliament before this Instrument came into force.

The Secretary of State makes the following Order in exercise of the powers conferred by
section 35(1)(b) of the Scotland Act 1998 and all other powers enabling him in that behalf.

(a) SP Bill 7, introduced to the Parliament on 15th August 2017 and passed on 13th October 2017.
(b) 1998 c. 46.
(c) 1998 c. 42.
(d) 1946 c. 36.
Citation and commencement
1. This Order may be cited as the Scotland Act 1998 (Portsmouth Defence Abolishment (Scotland)
Bill) Order 2017 and comes into force on 13th October 2017.

Portsmouth Defence Abolishment (Scotland) Bill

2. The Presiding Officer of the Scottish Parliament is prohibited from submitting the Portsmouth
Defence Abolishment (Scotland) Bill for Royal Assent.

RUAIRIDH_
Secretary of State for Scotland
Scotland Office
Dover House,
London

2
 EXPLANATORY NOTE
(This note is not part of the Order)
This Order prohibits the Presiding Officer of the Scottish Parliament from submitting the
Portsmouth Defence Abolishment (Scotland) Bill (SP Bill 7) for Royal Assent.
Under section 29(2)(d) of the Scotland Act 1998, a provision is outside the legislative competence
of the Scottish Parliament if it is incompatible with any of the Convention rights or with EU law,
where the term the Convention rights is defined by section 1 of the Human Rights Act 1998.
The Secretary of State is of the view that section 4 of the Portsmouth Defence Abolishment
(Scotland) Bill is incompatible with the right to a fair trial afforded by article 6 of the Convention,
and if the Bill were submitted for Royal Assent that it would have an adverse effect on the law as it
applies to reserved matters.