{
  "url": "https://openlegislation.uk/scotland-act-1998-transfer-of-functions-to-the-scottish-ministers-etc-order-1999/schedule-2",
  "json_url": "https://openlegislation.uk/scotland-act-1998-transfer-of-functions-to-the-scottish-ministers-etc-order-1999/schedule-2.json",
  "legislation": "uksi/1999/1750",
  "legislation_title": "The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc. ) Order 1999",
  "legislation_url": "https://openlegislation.uk/scotland-act-1998-transfer-of-functions-to-the-scottish-ministers-etc-order-1999",
  "path": "schedule/2",
  "kind": "schedule",
  "number": "2",
  "heading": "ENACTMENTS CONFERRING FUNCTIONS EXERCISABLE CONCURRENTLY BY THE SCOTTISH MINISTERS AND MINISTERS OF THE CROWN",
  "text": "Column 1\nColumn 2\nEnactment\nRestrictions and requirements\n. . .\nThe Sewerage (Scotland) Act 1968 (c. 47), sections 37B and 55(4).\nThe functions shall be exercisable only after consultation with the Secretary of State.\nThe European Communities Act 1972 (c. 68), section 2(2) and the European Communities (Designation) Order 1988 (S.I. 1988/785).\nOnly so far as the functions are exercisable in relation to the subject matter of Part III (electricity applications) of the Environmental Assessment (Scotland) Regulations 1988 (S.I. 1988/1221).\nThe Control of Pollution Act 1974 (c. 40), sections 36(2B), 42A(1), 42A(2), 42A(4) and 105(3C).\nThe functions shall be exercisable only after consultation with the Secretary of State.\nThe Water (Scotland) Act 1980 (c. 45), section 110A(4).\nThe functions shall be exercisable only after consultation with the Secretary of State.\nThe Electricity Act 1989 (c. 29), section 98(1) and (2).\nThe Broadcasting Act 1990 (c. 42), Schedule 1, paragraph 15(1), Schedule 8, paragraph 15(1) ....\nThe Environmental Protection Act 1990 (c. 43), sections 21(1), 21(2), 21(4), 65(1), 65(2), 65(4) and 159(4).\nThe functions shall be exercisable only after consultation with the Secretary of State.\nThe Social Security Administration Act 1992 (c. 5), paragraph 7(1)(b) of Schedule 2.\nFunction of paying allowances only.\nThe Radioactive Substances Act 1993 (c. 12), sections 25(1), 25(2) and 39(1).\nThe functions shall be exercisable only after consultation with the Secretary of State.\nThe National Lottery etc. Act 1993 (c. 39)–\n(a)section 14;\n(b) section 25C(5)(c) and (d) and (6);\n(c) sections 34, 35(4) and 39(3); and\n(d) section 43D(3).\nThe Railways Act 1993 (c. 43)–\n(a)sections 74(1) and (3), 75(1) and (2), 76(6)(a) and 79(1);\n(b) ...\n...\n(c) ...\n...\nThe Local Government etc. (Scotland) Act 1994 (c. 39), section 117(1), (2) and (5).\nThe functions shall be exercisable only after consultation with the Secretary of State.\nThe Environment Act 1995 (c. 25), sections 113(2), 113(3) and 115(5).\nThe functions shall be exercisable only after consultation with the Secretary of State.\nThe Broadcasting Act 1996 (c. 55), section 125(1).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 2 omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 78(2) (with Sch. 3 para. 11)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 2 omitted (31.12.2012) by virtue of Scotland Act 2012 (c. 11), ss. 17(10)(b), 44(5); S.I. 2012/2516, art. 2(c)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 2 revoked (1.2.2001) by Transport Act 2000 (c. 38), s. 275(1), Sch. 31 Pt. 4; S.I. 2001/57, art. 3, Sch. 2 Pt. 1"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 in force at 1.7.1999, see art. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 37B was inserted by the Local Government etc. (Scotland) Act 1994 (c. 39), section 103; section 55(4) is substituted by the Environment Act 1995 (c. 25), Schedule 21, paragraph 2; it has not yet been commenced."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Part III was amended by S.I. 1990/526 and1994/2012."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Sections 36(2B) and 42A were added by the Environment Act 1995 (c. 25), Schedule 22 and section 105(3C) was added by Schedule 21 to that Act."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Section 110A(4) was inserted by the Environment Act 1995 (c. 25), Schedule 21, paragraph 5. It has not yet been commenced."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "The functions under these enactments were modified by the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Schedule 2 is repealed (prospectively) by the Social Security Act 1998 (c. 14), Schedule 8."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Section 14 was amended by the National Lottery Act 1998 (c. 22), Schedule 1, paragraph 13. The functions under this enactment were modified by S.I. 1999/1756."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Section 25C was inserted by the National Lottery Act 1998, section 13; and section 25D by S.I. 1999/1756. These functions under section 25C were modified by S.I. 1999/1756."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "The functions under these enactments were modified by S.I. 1999/1756."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "Section 43D was inserted by the National Lottery Act 1998, section 7(2). The function under this enactment was modified by S.I. 1999/1756, which added subsection (6)."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "The function under this enactment was modified by S.I. 1999/1756."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1999/1750/schedule/2",
    "retrieved_at": "2026-10-29T10:31:10.696230+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}