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The Scotland Act 1998 (Modification of Functions) Order 1999

S.I. 1999/1756 · Made 24 June 1999 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 27 February 2025.

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

Made 24th June 1999

Coming into force in accordance with article 1(1)

Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament in accordance with section 115 of, and paragraphs 1, 2 and 3 of Schedule 7 to, the Scotland Act 1998f1;

Now, therefore, in exercise of the powers conferred upon me by sections 106, 112(1), and 113 of that Act and of all other powers enabling me in that behalf, and having consulted the Scottish Ministers in accordance with section 106(4) of that Act, I hereby make the following Order:

Annotations to the whole text

Footnotes

f1

1998 c. 46.

Contents

  1. 1Citation, commencement, interpretation and application
  2. 2Modification of functions: General
  3. 3Modification of Ministerial functions relating to sea fisheries, aquaculture and agriculture
  4. 4Modification of Ministerial functions relating to sea fisheries, aquaculture and agriculture
  5. 5Article 5
  6. 6Article 6
  7. Regulation
  8. 8Savings and transitional provision
  9. Signature
  10. Schedule
  11. Pipe-lines Act 1962 (c. 58)
  12. 1Paragraph 1
  13. Nuclear Installations Act 1965 (c. 46)
  14. 2Paragraph 2
  15. Forestry Act 196 7 (c. 10)
  16. 3Paragraph 3
  17. Chronically Sick and Disabled Persons Act 1970 (c. 44)
  18. 4Paragraph 4
  19. Sex Discrimination Act 1975 (c. 65)
  20. 5Paragraph 5
  21. Race Relations Act 1976 (e. 74)
  22. 6Paragraph 6
  23. National Heritage Act 1980 (c. 17)
  24. 7Paragraph 7
  25. Inheritance Tax Act 1984 (c. 51)
  26. 8Paragraph 8
  27. Business Names.4ct 1985 (c. 7)
  28. 9Paragraph 9
  29. Food and Environment Protection Act 1985 (c. 48)
  30. 10Paragraph 10
  31. Scotch Whisky Act 1988 (c. 22)
  32. 11Paragraph 11
  33. Broadcasting Act 1990 (c. 42)
  34. 12Paragraph 12
  35. Further and Higher Education Act 1992 (c. 13)
  36. 13Paragraph 13
  37. Museums and Galleries Act 7992 (c. 44)
  38. 14Paragraph 14
  39. National Lottery etc. Act 1993 (c. 39)
  40. 15Paragraph 15
  41. Criminal Justice and Public Order Act 1994 (c. 33)
  42. 16Paragraph 16
  43. Merchant Shipping Act 1995 (c. 21)
  44. 17Paragraph 17
  45. Disability Discrimination Act 1995 (c. 50)
  46. 18Paragraph 18
  47. Broadcasting Act 1996 (c. 55)
  48. 19Paragraph 19
  49. Electricity and Pipe-line Works (Assessment of Environmental Effects) Regulations 1990 (S.I. 1990/442)
  50. 20Paragraph 20
  51. Novel Foods and Novel Food Ingredients Regulations 1997 (S.I. 1997/1335)
  52. 21Paragraph 21
  53. Novel Foods and Novel Food Ingredients (Fees) Regulations 1997 (S.I. 1997/1336)
  54. 22Paragraph 22
  55. Explanatory note

1Citation, commencement, interpretation and applicationI1

(1)

This Order may be cited as the Scotland Act 1998 (Modification of Functions) Order 1999 and shall come into force immediately before the principal appointed dayf1.

(2)

In this Order–

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

  • “agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds and the use of land for woodlands where that is ancillary to the farming of land for other purposes and “agricultural” shall be construed accordingly;

  • “the Agriculture Acts” means any enactments for the time being in force relating to agriculture or agricultural products;

  • “Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995f2 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging; to

  • “the Sea Fisheries Acts” means any enactments for the time being in force relating to sea-fishing, including any enactment relating to fishing in the sea for shellfish, salmon or migratory trout but excluding any Order in Council under section 111 of the 1998 Act.

(3)

This Order is to be treated as a pre-commencement enactment for the purposes of the 1998 Act.

2Modification of functions: GeneralI1

For the purpose of enabling or otherwise facilitating the transfer of a function to the Scottish Ministers by virtue of section 53 or 63 of the 1998 Act, the enactments mentioned in the Schedule to this Order are hereby modified to the extent specified in that Schedule.

3Modification of Ministerial functions relating to sea fisheries, aquaculture and agricultureI1

So far as a function under the Sea Fisheries Acts is exercisable by a Minister of the Crown–

(a)

in relation to fishing in the Scottish zone, or

(b)

in relation to fishing outside that zone by Scottish fishing boats,

it shall be treated as exercisable in or as regards Scotland and may be exercised separately.

4Modification of Ministerial functions relating to sea fisheries, aquaculture and agricultureI1

So far as a function under any other enactment is exercisable by a Minister of the Crown in relation to aquaculture, fish health or fish disease in the Scottish zone, it shall be treated as exercisable in or as regards Scotland and may be exercised separately.

5I1

So far as a function under F1F2assimilated law, or to which section 53(2)(a) of the 1998 Act applies, is exercisable by a Minister of the Crown–

(a)

in relation to fishing or aquaculture in the Scottish zone, or

(b)

in relation to fishing outside that zone by Scottish fishing boats,

(c)

in relation to any fish or aquaculture organisation applying for recognition as a producers' Organisation, or recognised as such in accordance with assimilated law, whose area covered by the application for recognition, in so far as within the United Kingdom or British fishery limits, is wholly or mainly within Scotland or the Scottish zone,

it may be exercised separately.

6I1

So far as a function of a Minister of the Crown to which articles 3 to 5 do not apply–

(a)

under the Sea Fisheries Acts,

(b)

under any enactment relating to aquaculture, fish health or fish disease,

(c)

under F1F2assimilated law, or to which section 53(2)(a) of the 1998 Act applies, relating to fishing or aquaculture or fishing or aquaculture products,

is exercisable in or as regards Scotland it may be exercised separately.

Modification of Ministerial functions relating to sea fisheries, aquaculture and agriculture

I13

So far as a function under the Sea Fisheries Acts is exercisable by a Minister of the Crown–

(a)

in relation to fishing in the Scottish zone, or

(b)

in relation to fishing outside that zone by Scottish fishing boats,

it shall be treated as exercisable in or as regards Scotland and may be exercised separately.

I24

So far as a function under any other enactment is exercisable by a Minister of the Crown in relation to aquaculture, fish health or fish disease in the Scottish zone, it shall be treated as exercisable in or as regards Scotland and may be exercised separately.

I35

So far as a function under F1EU law, or to which section 53(2)(a) of the 1998 Act applies, is exercisable by a Minister of the Crown–

(a)

in relation to fishing or aquaculture in the Scottish zone, or

(b)

in relation to fishing outside that zone by Scottish fishing boats,

(c)

in relation to any fish or aquaculture organisation applying for recognition as a producers' Organisation, or recognised as such in accordance with EU lawf1, whose area covered by the application for recognition, in so far as within the United Kingdom or British fishery limits, is wholly or mainly within Scotland or the Scottish zone,

it may be exercised separately.

I46

So far as a function of a Minister of the Crown to which articles 3 to 5 do not apply–

(a)

under the Sea Fisheries Acts,

(b)

under any enactment relating to aquaculture, fish health or fish disease,

(c)

under EU law, or to which section 53(2)(a) of the 1998 Act applies, relating to fishing or aquaculture or fishing or aquaculture products,

is exercisable in or as regards Scotland it may be exercised separately.

I57
(1)

So far as a specified function under EU law, or a function to which section 53(2)(a) of the 1998 Act applies, is exercisable by a Minister of the Crown in relation to a Scottish farmer it may be exercised separately.

(2)

In this article–

  • “Scottish farmer” means a farmer whose holding is situated wholly or partly in Scotland and “farmer” and “holding” shall have the same meaning as in Article 1.4 of Council Regulation 3508/92 establishing an integrated administration and control system for certain Community aid schemes; and

  • “specified function under EU law” means any function related to the implementation of any legislative instrument of the European Union adopted in pursuance of its common agricultural policy, which applies in relation to agricultural activities by reference to a holding.

8Savings and transitional provisionI1

(1)

The modification by this Order of any function exercisable by a Minister of the Crown 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 coming into force of this Order.

(2)

A requirement imposed by any of the following enactments, namely–

(a)

section 53(1A) of the Sex Discrimination Act 1975f1;

(b)

section 43(1A) of the Race Relations Act 1976f2;

(c)

paragraph 2(1A) of Schedule 8 to the Broadcasting Act 1990f3;

(d)

paragraph 3(3A) of Schedule 5 to the Disability Discrimination Act 1995f4; and

(e)

paragraph 3(1A) of Schedule 3 to the Broadcasting Act 1996f5,

shall not apply in relation to any appointment of a Commissioner or member of the relevant body made before the appointment of the successor of the Commissioner or member of that body who holds office on 1st July 1999 and who is designated for that purpose by the Secretary of State.

Signature

Secretary of State for Scotland

St Andrew’s House Edinburgh

1I1

The Secretary of State’s functions under sections 1, 4, 5, 9, 9A, 10, 11, 12, 13 (except subsection (7)), 15, 26A, 35, 36, 38, 39(2), 43 and 44 of, and Schedules 1 and 2 to, the Pipe-lines Act 1962f1 so far as relating to pipe-lines which begin and end in Scotland shall be treated as exercisable in or as regards Scotland and may be exercised separately.

2I1

In section 23(2)(b) of the Nuclear Installations Act 1965 (registration in connection with certain occurrences), after “concerned” there is inserted “or where any part of the Scottish Administration is concerned the Minister”.

3I1

In section 8Af1 of the Forestry Act 1967 (general duty of Ministers), for “of Great Britain” there is substituted “of England and Wales and the Scottish Ministers shall have regard to the national interest in maintaining and expanding the forestry resources of Scotland”.

4I1

The functions of the Ministers of the Crown under section 21(7) of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons) shall be treated as exercisable in or as regards Scotland and may be exercised separately.

5I1

In section 53 of the Sex Discrimination Act 1975 (Equal Opportunities Commission), after subsection (1) there is inserted–

“(1A)

One of the Commissioners shall be a person who appears to the Secretary of State to have special knowledge of Scotland.”.

6I1

In section 43 of the Race Relations Act 1976 (Commission for Racial Equality), after subsection (1) there is inserted–

“(1A)

One of the Commissioners shall be a person who appears to the Secretary of State to have special knowledge of Scotland.”.

7I1

(1)

In section 9 of the National Heritage Act 1980 (disposal of property accepted by Commissioners), at the end there is inserted–

“(8)

The functions of the Ministers under this section in relation to the disposal or transfer of property in which there is a Scottish interest may be exercised separately.

(9)

For the purposes of subsection (8) a Scottish interest in the property exists where–

(a)

the property is located in Scotland;

(b)

the person liable to pay the tax has imposed a condition on his offer of the property in satisfaction of tax that it be displayed in Scotland or disposed of or transferred to a body or institution in Scotland; or

(c)

only a body or institution. in Scotland has expressed an interest in acquiring the property; or

(d)

a body or institution in Scotland and another body or institution have expressed an interest in acquiring the property.”.

(2)

In section 16 of the National Heritage Act 1980 (indemnities for objects on loan), at the end add–

“(8)

The power of either of the Ministers to give an undertaking under this section regarding any object lost or damaged while on loan to an institution, body or person in Scotland may be exercised separately.”.

(3)

In section 16Af1 of the National Heritage Act 1980 (reporting of indemnities) at the end add–

“(4)

The duties of each of the Ministers under subsections (1) and (2) in relation to undertakings given under section 16 above regarding any object lost or damaged while on loan to an institution, body or person in Scotland may be exercised separately.”.

8I1

In section 230 of the Inheritance Tax Act 1984 (acceptance of property in satisfaction of tax), at the end there is inserted–

“(6)

The functions of the Ministers under this section in relation to the acceptance, in satisfaction of tax, of property in which there is a Scottish interest may be exercised separately.

(7)

For the purposes of subsection (6) a Scottish interest in the property exists–

(a)

where the property is located in Scotland; or

(b)

the person liable to pay the tax has expressed a wish or imposed a condition on his offer of the property in satisfaction of tax that it be displayed in Scotland or disposed of or transferred to a body or institution in Scotland.”.

9I1

The function of the Secretary of State under section 2 of the Business Names Act 1985 (prohibition of use of certain business names) so far as relating to an individual to whom that Act applies who–

(a)

has a place of business in Scotland; and

(b)

carries on business in Scotland under a name to which either paragraphs (a) or (b) of subsection (1) of that section applies,

shall be treated as exercisable in or as regards Scotland and may be exercised separately.

10I1

(1)

The Food and Environment Protection Act 1985f1 is amended as follows.

(2)

In section 1(2) for the definition of “designating authority” there is substituted–

  • ““designating authority” in relation to England and Wales means the Minister of Agriculture, Fisheries and Food and, in relation to Scotland and the Scottish zone means the Secretary of State; and the functions of that authority in relation to Scotland and the Scottish zone shall be treated as exercisable in or as regards Scotland and may be exercised separately”.

(3)

In section 1(2) the word “and” is omitted and at the end there is inserted–

  • “; and

  • “Scottish zone” has the meaning assigned to it by section 126(1) of the Scotland Act 1998.”.

(4)

In section 1(4) for “The Ministers may jointly” there is substituted “A designating authority may”.

(5)

In section 2 for the words “Either of the Ministers”, “either of the Ministers” and “the Minister”, in each place where they appear, there is substituted “A designating authority”, “a designating authority” and “the designating authority”, respectively.

(6)

In section 3 for the words “Either of the Ministers” and “the Minister's” wherever they appear there is substituted “A designating authority” and “the designating authority's”.

(7)

In subsection (1) of section 7 (exemptions) for “The Ministers may jointly” there shall be substituted “A licensing authority may”.

(8)

In section IO (power to take remedial action)–

(a)

in subsection (1) for “Either of the Ministers” there shall be substituted “A licensing authority”; and

(b)

in subsection (2) for “either of the Ministers” and “the Minister” there shall be substituted “a licensing authority” and “the licensing authority” respectively.

(9)

In section 11(1) (enforcement) for “Either of the Ministers” there shall be substituted “A licensing authority”.

(10)

In section 12(1) (enforcement of conventions) for “The Ministers may jointly” there shall be substituted “A licensing authority may”.

(11)

In section 24(1)–

(a)

there shall be inserted before the definition of “agricultural” the following–

  • ““adjacent to Scotland”, in relation to United Kingdom waters or United Kingdom controlled waters, means–

    1. (a)

      those waters so far as lying within the Scottish zone; and

    2. (b)

      United Kingdom controlled waters outside that zone, which are nearer to any point on the baselines from which the breadth of the territorial sea adjacent to Scotland is measured than to any point on the baselines in any other part of the United Kingdom;”

(b)

for the definition of “licensing authority” there shall be substituted–

  • ““licensing authority” means,

    1. (a)

      in relation to England and Wales whichever of the Ministers is responsible for fisheries in the place where an operation to which a licence would relate would, or have been, be carried out or commenced and,

    2. (b)

      in relation to Scotland–

      1. (i)

        as regards operations, so far as relating to oil and gas exploration and exploitation, to which a licence would relate and which would be, or have been, carried out in United Kingdom waters, or United Kingdom controlled waters, adjacent to Scotland but lying outside controlled waters within the meaning of section 3OA(1) of the Control of Pollution Act 1974f2 or which commence in Scotland, the Secretary of State;

      2. (ii)

        as regards operations falling within the subject matter of Part VI of the Merchant Shipping Act 1995f3, to which a licence would relate and which would be, or have been, carried out in United Kingdom waters, or United Kingdom controlled waters, adjacent to Scotland, the Secretary of State;

      3. (iii)

        as regards any other operations to which a licence would relate and which would be, or have been, carried out in United Kingdom waters, or United Kingdom controlled waters, adjacent to Scotland or which commence in Scotland, the Secretary of State and the functions of that authority under this sub-paragraph shall be treated as exercisable in or as regards Scotland and may be exercised separately;” and

(c)

after the definition of “plants” there shall be inserted the following–

  • ““Scottish zone” has the meaning assigned to it by section 126(1) of the Scotland Act 1998;”

(12)

In paragraph 3 of Schedule 1 the words “anywhere in the United Kingdom or in United Kingdom waters” are omitted.

(13)

After paragraph 3 of Schedule 1 there is inserted–

“4

A prohibition of a kind specified in paragraph 3 above shall apply in every part of the United Kingdom and United Kingdom waters.”.

11I1

The functions of the Ministers under sections 2 and 3 of the Scotch Whisky Act 1988 shall be treated as exercisable in or as regards Scotland and may be exercised separately.

12I1

(1)

The functions of the Secretary of State under paragraph 15(1) of Schedule 1, paragraph 15(1) of Schedule 8 and paragraph 12(3) of Schedule 19 to the Broadcasting Act 1990(annual reports of certain broadcasting bodies) shall be treated as exercisable in or as regards Scotland and may be exercised separately.

(2)

In Schedule 8 to that Act (Radio Authority: supplementary provisions) in paragraph 2 (appointment of members) after sub-paragraph (1) there is inserted–

“(1A)

One of the members of the Authority other than the chairman and deputy chairman shall be a person who appears to the Secretary of State to be suited to make the interests of Scotland his special care.”.

13I1

In section 82 of the Further and Higher Education Act 1992 (joint exercise of functions) after sub-section (2) there is inserted–

“(2A)

The power of the Secretary of State to give directions under subsection (2) above shall, as regards the Scottish Higher Education Funding Council, be treated as exercisable in or as regards Scotland and may be exercised separately.”.

14I1

In section 6 of the Museums and Galleries Act 1992 (transfers of objects between institutions), at the end add–

“(8)

The power of the Secretary of State to make an order under subsection (6) may, for the purpose of this section’s application to transfers of objects by bodies in Scotland, be exercised separately.”.

15I1

(1)

The functions of the Secretary of State under section 14 of the National Lottery etc. Act 1993 (annual report of National Lottery Commission) shall be treated as exercisable in or as regards Scotland and may be exercised separately.

(2)

After section 25Cf1 of that Act there is inserted–

“Strategic plans for distributing bodies in or as regards Scotland

25D

The functions of the Secretary of State–

(a)

under section 25C(1) shall, as regards instructions to–

(i)

any body specified in section 23(1)f2 whose functions exclusively or mainly relate to the arts in Scotland; or

(ii)

any body specified in section 23(2)f3 whose functions exclusively or mainly relate to sport in Scotland; and

(b)

under section 25C(5)(c) and (d) and (6) shall, as regards strategic plans prepared by any body other than–

(i)

any body specified in section 23(1) whose functions relate exclusively or mainly to the arts in any one of England, Wales or Northern Ireland; or

(ii)

any body specified in section 23(2) whose functions relate exclusively or mainly to sport in any one of England, Wales or Northern Ireland,

be treated as exercisable in or as regards Scotland and may be exercised separately.”.

(3)

After section 26 of that Act there is inserted–

“Directions to distributing bodies in or as regards Scotland

26A
(1)

The functions of the Secretary of State–

(a)

under section 26(1), (3), (3A)f4 (4)f5 and (5) shall, as regards directions to–

(i)

any body specified in section 23(1)f6 whose functions exclusively or mainly relate to the am in Scotland; or

(ii)

any body specified in section 23(2)f7 whose functions exclusively or mainly relate to sport in Scotland; and

(b)

under section 26(3A) shall, as regards directions to any other body except–

(i)

any body specified in section 23(1) whose functions relate exclusively or mainly to the arts in any one of England, Wales or Northern Ireland; or

(ii)

any body specified in section 23(2) whose functions relate exclusively or mainly to sport in any one of England, Wales or Northern Ireland,

be treated as exercisable in or as regards Scotland and may be exercised separately.

(2)

Directions given to the National Lottery Charities Board or the New Opportunities Fund under section 26(1) or to the Trustees of the National Heritage Memorial Fund under section 26(2) may be made–

(a)

to apply to the whole of the United Kingdom and provide for all matters other than those to be provided specifically for Scotland in accordance with subsection (3); or

(b)

to apply only to Scotland and provide for the matters specified in subsection (3).

(3)

Directions given in accordance with subsection (2)(b) may, in relation to any distribution made for a purpose which does not concern reserved matters, provide for priorities and other matters to be taken into account in determining the persons to whom and the purposes for which the money available for distribution in Scotland is distributed and in determining conditions of distribution for the purpose of specific cases but may not provide for–

(a)

the total allocation of resources to Scotland or between Scotland and other parts of the United Kingdom; or

(b)

except in relation to any initiative specified in an order made under section 43Bf8 which applies only in Scotland, the general conditions subject to which lottery money is distributed in accordance with directions applying to the whole of the United Kingdom.”.

(4)

In section 27 of that Act (power to prohibit distribution in certain cases) at the end add–

“(9)

The function of the Secretary of State–

(a)

under subsection (1) to prohibit a body from distributing money; or

(b)

under subsection (8) to require information,

may, in relation to–

(i)

any body specified in section 23(1) whose functions exclusively or mainly relate to the arts in Scotland; or

(ii)

any body specified in section 23(2) whose functions exclusively or mainly relate to sport in Scotland,

be exercised separately.”.

(5)

In section 29 of that Act (power to amend section 23) at the end add–

“(6)

The functions of the Secretary of State under this section shall, in so far as they relate to–

(a)

substitution of a different body for, or addition of another body to, the body specified in section 23(3) or (4) or omission of a body specified in either of those subsections; or

(b)

substitution of a different percentage for the total aggregate percentage specified as held in the Distribution Fund for–

(i)

any body or bodies specified in section 23(1) whose functions exclusively or mainly relate to the arts in Scotland, or

(ii)

any body or bodies specified in section 23(2) whose functions exclusively or mainly relate to sport in Scotland;

(c)

substitution of a different body for, or addition of another body to, any such body specified in section 23(1) or (2) as is mentioned in paragraph (b) above or omission of any such body specified in section 23(1) or (2); or

(d)

where more than one such body is specified in section 23(1) or (2), specification of the particular percentage held in the Distribution Fund for distribution by any one of those bodies,

be treated as exercisable in or as regards Scotland and may be exercised separately.”

(6)

In section 34 of that Act (annual reports of distributing bodies) at the end add–

“(5)

The functions of the Secretary of State under this section shall, in so far as they relate to any body other than–

(a)

any body specified in section 23(1) whose functions relate exclusively or mainly to the arts in any one of England, Wales or Northern Ireland; or

(b)

any body specified in section 23(2) whose functions relate exclusively or mainly to sport in any one of England, Wales or Northern Ireland,

be treated as exercisable in or as regards Scotland and may be exercised separately.”.

(7)

In section 35 of that Act (accounts of distributing bodies) at the end add–

“(8)

The functions of the Secretary of State–

(a)

under subsection (3) to give directions shall, in so far as they relate to–

(i)

any body specified in section 23(1) whose functions exclusively or mainly relate to the arts in Scotland; or

(ii)

any body specified in section 23(2) whose functions exclusively or mainly relate to sport in Scotland; and

(b)

under subsection (4) to receive copies of the statement shall, in so far as they relate to any body other than–

(i)

any body specified in section 23(1) whose functions relate exclusively or mainly to the arts in any one of England, Wales or Northern Ireland; or

(ii)

any body specified in section 23(2) whose functions relate exclusively or mainly to sport in any one of England, Wales or Northern Ireland,

be treated as exercisable in or as regards Scotland and may be exercised separately.”.

(8)

In section 39 of that Act (accounts of National Lottery Charities Board) at the end add–

“(6)

The function of the Secretary of State under subsection (3) to receive copies of the statement shall be treated as exercisable in or as regards Scotland and may be exercised separately.”.

(9)

In section 43B of that Act (functions of the New Opportunities Fund) at the end add–

“(5)

The function of the Secretary of State under subsection (1) to specify initiatives may, in relation to initiatives applying in Scotland only, be exercised separately.”.

(10)

After section 43Cf9 of that Act there is inserted–

“Directions to New Opportunities Fund in or as regards Scotland

43CC
(1)

The function of the Secretary of State to give directions under section 43C(1) may be exercised separately.

(2)

Directions given to the New Opportunities Fund under section 43C(1) may be made–

(a)

to apply to the whole of the United Kingdom and provide for all matters other than those to be provided specifically for Scotland in accordance with subsection (3); or

(b)

to apply only to Scotland and provide for the matters specified in subsection (3).

(3)

Directions given in accordance with subsection (2)(b) may, as regards any initiative relating to a purpose which does not concern reserved matters, provide for priorities and other matters to be taken into account in determining the projects which may be funded or the arrangements which may be made or entered into to give effect to any initiative applying in Scotland and in determining, conditions of grant for the purpose of specific cases, but may not provide for–

(a)

the total allocation of resources to Scotland or between Scotland and other parts of the United Kingdom; or

(b)

except in relation to any initiative specified in an order made under section 43B which applies only in Scotland, the general conditions subject to which grant is made money is distributed in accordance with directions applying to the whole of the United Kingdom.”.

(11)

In section 43Df10 of that Act (accounts of New Opportunities Fund) at the end add–

“(6)

The Secretary of State’s function under subsection (3) to receive copies of the statement shall be treated as exercisable in or as regards Scotland and may be exercised separately.”.

(12)

In paragraph 2 of Schedule 3Af11 to that Act (joint schemes: supplementary provisions) at the end add–

“(6)

The Secretary of State’s functions under sub-paragraphs (1) and (2) shall, in relation to any particular joint scheme applying–

(a)

only in Scotland; or

(b)

in one or more parts of the United Kingdom, including Scotland,

be treated as exercisable in or as regards Scotland and may be exercised separately.”.

16I1

The functions of the Secretary of State under section 128 of the Criminal Justice and Public Order Act 1994 (pay and related conditions of the prison service) so far as relating to the part of the prison service in Scotland comprising all the individuals who are prison officers within the meaning of section 127(4)(b) of that Act shall be treated as exercisable in or as regards Scotland and may be exercised separately.

17I1

The function of the Secretary of State under section 10(2)(f) of the Merchant Shipping Act 1995f1 (registration regulations) so far as exercisable in relation to Scottish fishing boats, is to be treated as exercisable in or as regards Scotland and may be exercised separately.

18I1

In paragraph 3 of Schedule 5 to the Disability Discrimination Act 1995 (the National Disability Council), after subparagraph (3) there is inserted–

“(3A)

One of the members shall be a person who appears to the Secretary of State to have special knowledge of Scotland.”.

19I1

(1)

The functions of the Secretary of State under section 125(1) of the Broadcasting Act 1996 (annual reports of Broadcasting Standards Commission) shall be treated as exercisable in or as regards Scotland and may be exercised separately.

(2)

In paragraph 3 of Schedule 3 to that Act (Broadcasting Standards Commission: supplementary provisions), after sub-paragraph (1) there is inserted–

“(1A)

One of the members of the BSC other than the chairman and the deputy chairman shall be a person who appears to the Secretary of State to be suited to make the interests of Scotland his special care.”.

20I1

The functions of the Secretary of State under the Electricity and Pipe-line Works (Assessment of Environmental Effects) Regulations 1990f1 so far as relating to pipe-lines which begin and end in Scotland shall be treated as exercisable in or as regards Scotland and may be exercised separately.

21I1

For regulation 3 of the Novel Foods and Novel Food Ingredients Regulations 1997 there shall be substituted–

“3
(1)

Any request made pursuant to Article 4.1 of Regulation 258/97–

(a)

where placing on the market for the first time is in Scotland, shall be submitted for processing to the Secretary of State for Scotland who shall be the food assessment body in Scotland for the purposes of that Regulation; and

(b)

where placing on the market for the first time is in England and Wales, shall be submitted for processing to the Minister of Agriculture, Fisheries and Food, who shall act jointly with the Secretary of State for Health as the food assessment body in England and Wales, for the purposes of that Regulation.

(2)

The functions of the Secretary of State for Scotland under this regulation shall be treated as exercisable in or as regards Scotland and may be exercised separately.”.

22I1

Regulation 3 of the Novel Foods and Novel Food Ingredients (Fees) Regulations 1997 shall be renumbered “3(1)” and shall be modified as follows–

(a)

after “submits” (where it first appears), insert “to the Secretary of State for Scotland or”;

(b)

in place of “pay to the Minister,” there is substituted “pay to the Secretary of State for Scotland or, as the case may be, the Minister”; and

(c)

by inserting new paragraph (2) as follows–

“(2)

The functions of the Secretary of State for Scotland under this regulation shall be treated as exercisable in or as regards Scotland and may be exercised separately.”.

Explanatory note

(This note is not part of the Order)

This Order makes provision under section 106 of the Scotland Act 1998.

In particular, it makes provision modifying certain functions for the purposes of enabling or otherwise facilitating the transfer of the relevant function to the Scottish Ministers by virtue of section 53 or 63 of that Act.

Article 2 of, and the Schedule to, the Order make general provision about a number of functions. Articles 3 to 7 make provision about certain functions relating to sea fisheries, aquaculture and agriculture. Article 8 contains savings and transitional provision.