{
  "url": "https://openlegislation.uk/scotland-act-2016-transitional-regulations-2017/note",
  "json_url": "https://openlegislation.uk/scotland-act-2016-transitional-regulations-2017/note.json",
  "legislation": "uksi/2017/444",
  "legislation_title": "The Scotland Act 2016 (Transitional) Regulations 2017",
  "legislation_url": "https://openlegislation.uk/scotland-act-2016-transitional-regulations-2017",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations make transitional provision in connection with the coming into force of sections 22(2) (disability, industrial injuries and carer’s benefits) and 23(2) (benefits for maternity, funeral and heating expenses) of the Scotland Act 2016 (c. 11).\nRegulation 3 modifies the Scotland Act 1998 (c. 46) in respect of functions conferred on a Minister of the Crown by an enactment—\nmade or passed before the day on which section 22(2) of the Scotland Act 2016 (disability, industrial injuries and carer’s benefit) comes into force, and\nthat is within legislative competence by virtue of exception 1 or 2 of Section F1 of Schedule 5 to the Scotland Act 1998.\nIn respect of such an enactment, for the period determined in accordance with regulation 4—\nthe Scottish Parliament may not impose a requirement for the attendance of a witness or the production of a document on a Minister of the Crown, or a person in Crown employment;\nsuch a function is not exercisable by the Scottish Ministers.\nRegulation 4 provides that regulation 3 has effect for the period beginning with the day on which section 22(2) of the Scotland Act 2016 comes into force and ending with 31st March 2020 or, if earlier—\nin respect of an enactment that is within legislative competence by virtue of exception 1 of Section F1 of Schedule 5 to the Scotland Act 1998 (or a paragraph of that exception), immediately before a provision that is contained in an Act of the Scottish Parliament and is within legislative competence by virtue of exception 1 (or that paragraph) comes into force;\nin respect of an enactment that is within legislative competence by virtue of exception 2 of Section F1 of Schedule 5 to the Scotland Act 1998, immediately before a provision that is contained in an Act of the Scottish Parliament and is within legislative competence by virtue of exception 2 comes into force.\nRegulation 5 modifies article 5 of the Transfer of Property etc. (Scottish Ministers) Order 1999 (S.I. 1999/1104) in respect of the transfer of the rights, interests and liabilities attaching to a function that does not pass to the Scottish Ministers on the day on which section 22(2) of the Scotland Act 2016 comes into force by virtue of regulation 3(3), and by virtue of—\nthe operation of a provision that is contained in or made under an Act of the Scottish Parliament, or\nan instrument made under section 104 of the Scotland Act 1998,\ndoes not transfer to the Scottish Ministers when the transition period comes to an end in accordance with regulation 4.\nIn such a case, the modifications to article 5 ensure that the rights, interests and liabilities which attach to the function transfer when the transition period comes to an end.\nRegulation 6 modifies the Scotland Act 1998 in respect of functions conferred on a Minister of the Crown by an enactment—\nmade or passed before the day on which section 23(2) of the Scotland Act 2016 (benefits for maternity, funeral and heating expenses) comes into force, and\nthat is within legislative competence by virtue of exception 4 of Section F1 of Schedule 5 to the Scotland Act 1998.\nIn respect of such an enactment, for the period determined in accordance with regulation 7, the Scottish Parliament may not impose a requirement for the attendance of a witness or the production of a document on a Minister of the Crown, or a person in Crown employment.\nRegulation 7 provides that regulation 6 has effect for the period beginning with the day on which section 23(2) of the Scotland Act 2016 comes into force and ending with 31st March 2020.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2017/444/note",
    "retrieved_at": "2026-10-28T23:12:17.693144+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."
}