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The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006

S.I. 2006/304 · Made 14 February 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

Made 14th February 2006

Coming into force in accordance with article 1(1)

At the Court at Buckingham Palace, the 14th day of February 2006

Present,

The Queen’s Most Excellent Majesty in Council

In accordance with section 115 of, and paragraphs 1 and 2 of Schedule 7 to, the Scotland Act 1998f1 a draft of this Order was–

  1. (a)

    laid before and approved by a resolution of each House of Parliament; and

  2. (b)

    laid before and approved by resolution of the Scottish Parliament;

Accordingly, Her Majesty, in exercise of the powers conferred upon Her by sections 63, 113 and 124(2) of that Act, is pleased, by and with the advice of Her Privy Council, to order, as follows:

Annotations to the whole text

Footnotes

f1

1998 c. 46.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Transfer of functions to the Scottish Ministers
  3. 3Functions shared by the Scottish Ministers and a Minister of the Crown
  4. 4General modifications of enactments
  5. 5Transitional and saving provisions
  6. Signature
  7. Schedule ENACTMENTS CONFERRING FUNCTIONS TRANSFERRED TO THE SCOTTISH MINISTERS
  8. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006 and shall come into force on the day after the day on which it is made.

(2)

In this Order–

  • “the 1998 Act” means the Scotland Act 1998; and

  • “the Veterinary Medicines Regulations” means the Veterinary Medicines Regulations 2005f1.

(3)

Any reference in this Order to a provision of the Veterinary Medicines Regulations is a reference to that provision as it had effect on the date that it came into force.

2Transfer of functions to the Scottish Ministers

The functions which are conferred on a Minister of the Crown by the enactments specified in column 1 of the Schedule shall–

(a)

so far as they are exercisable by that Minister in or as regards Scotland; and

(b)

subject to any restriction or requirement in the corresponding entry in column 2 of the Schedule,

be exercisable by the Scottish Ministers instead of by the Minister of the Crown.

3Functions shared by the Scottish Ministers and a Minister of the Crown

(1)

Subject to the restriction specified in paragraph (2), the functions conferred on a Minister of the Crown by–

(a)

section 2(2) of the European Communities Act 1972f1;

(b)

the European Communities (Designation) Order 1972f2;

(c)

the European Communities (Designation) (No.2) Order 1991f3;

(d)

the European Communities (Designation) (No. 2) Order 1999f4; and

(e)

the European Communities (Designation) (No. 4) Order 2003f5,

shall, so far as they are exercisable by him in or as regards Scotland, be exercisable by the Scottish Ministers concurrently with the Minister of the Crown.

(2)

The functions referred to in paragraph (1) are so exercisable only so far as they are exercisable in relation to–

(a)

animal feeding stuffs, intended to be used for oral feeding to animals, which are not veterinary medicinal products as defined in regulation 2(1) of the Veterinary Medicines Regulations; or

(b)

any feed additive to which Regulation (EC) No. 1831/2003f6 on additives for use in animal nutrition applies which is not a specified feed additive as defined by paragraph 1(1) of Schedule 5 to the Veterinary Medicines Regulations.

4General modifications of enactments

(1)

Sections 117 and 118 (general modification of enactments) of the 1998 Act shall apply in relation to the exercise of functions by the Scottish Ministers by virtue of article 2 or 3 of this Order as they apply in relation to the exercise of functions by the Scottish Ministers within devolved competence.

(2)

In the application of those sections by virtue of this article, any reference in them to a pre commencement enactment is to be read as if it were a reference to any enactment.

5Transitional and saving provisions

(1)

The transfer, by virtue of this Order, of any function exercisable by a Minister of the Crown to the Scottish Ministers shall not affect the validity of anything done (or having effect as if done) by or in relation to a Minister of the Crown before the date on which the transfer takes effect.

(2)

Anything (including legal proceedings) which, at the time when that transfer takes effect, is in the process of being done by or in relation to a Minister of the Crown may, so far as it relates to any function transferred, be continued by or in relation to the Scottish Ministers.

(3)

Anything done (or having effect as if done) by or in relation to a Minister of the Crown for the purposes of or in connection with any function transferred to the Scottish Ministers by virtue of this Order shall, if in force at the time when that transfer takes effect, have effect as if done by or in relation to the Scottish Ministers in so far as that is required for continuing its effect after that time.

(4)

Despite the transfer to the Scottish Ministers of functions by virtue of this Order, any function of a Minister of the Crown in relation to any matter shall continue to be exercisable by him as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972.

Signature

A. K. Galloway

Clerk of the Privy Council

ENACTMENTS CONFERRING FUNCTIONS TRANSFERRED TO THE SCOTTISH MINISTERS

Column 1Column 2
EnactmentRestrictions or requirements
The Fire Services Act 1947 (c. 41), section 26f1–
The Agriculture Act 1970 (c. 40), sections 66(1)f2, 67(5) and (8)f3, 68(1), (1A)f4, (2)f5, (3) and (5), 69(1), (3), (6) and (7), 70(1) and (3), 71(1), 72(2), 73(3), 74(1), 74A(1), (2) and (4)f6, 75(1), 76(1) and (5)f7, 77(1) and (4), 78(6) and (10), 79(1), (2) and (9) and 84f8.

Only so far as the functions are exercisable in relation to–

  1. (a)

    animal feeding stuffs, intended to be used for oral feeding to animals, which are not veterinary medicinal products as defined in regulation 2(1) of the Veterinary Medicines Regulations; or

  2. (b)

    any feed additive to which Regulation (EC) No. 1831/2003 on additives for use in animal nutrition applies which is not a specified feed additive as defined by paragraph 1(1) of Schedule 5 to the Veterinary Medicines Regulations.

Explanatory note

(This note is not part of the Order)

This Order, made under the Scotland Act 1998 (c. 46), provides for certain functions of a Minister of the Crown, so far as they are exercisable by that Minister in or as regards Scotland, to be exercisable by the Scottish Ministers instead of, or concurrently with, the Minister concerned.

Article 2 provides that the functions which are not already devolved to the Scottish Ministers and which are conferred on a Minister of the Crown by the enactments which are specified in the Schedule to this Order shall, so far as exercisable in or as regards Scotland be exercisable by the Scottish Ministers instead of by a Minister of the Crown. The transfer of functions to the Scottish Ministers is subject to the restrictions specified in the Schedule.

Article 3 provides that those functions which are not already devolved to the Scottish Ministers and which are conferred on a Minister of the Crown by section 2(2) of the European Communities Act 1972 in relation to the animal feeding stuffs and feed additives as referred to in article 3(2) shall, so far as exercisable in or as regards Scotland, be exercisable by the Scottish Ministers concurrently with the Minister of the Crown.

Article 4 provides for the general modification of enactments in connection with provision made by the Order.

Article 5 makes transitional and saving provision for the effect of the Order.