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The Transfer of Functions (Lord Advocate and Secretary of State) Order 1999

S.I. 1999/678 · Made 10 March 1999

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.

MINISTERS OF THE CROWN

Made 10th March 1999

Laid before Parliament 22nd March 1999

Coming into force 19th May 1999

At the Court at Buckingham Palace, the 10th day of March 1999

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of section 1 of the Ministers of the Crown Act 1975f1, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Annotations to the whole text

Footnotes

f1

1975 c. 26.

Contents

  1. 1Citation and commencement
  2. 2Transfer of functions
  3. 3Supplementary and consequential
  4. 4Supplementary and consequential
  5. 5Supplementary and consequential
  6. 6Supplementary and consequential
  7. 7Supplementary and consequential
  8. Signature
  9. Schedule: FUNCTIONS TRANSFERRED FROM THE LORD ADVOCATE TO THE SECRETARY OF STATE
  10. Primary legislation
  11. Subordinate legislation
  12. Explanatory note

1Citation and commencement

This Order may be cited as the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 and shall come into force on 19th May 1999.

2Transfer of functions

(1)

The functions of the Lord Advocate under the enactments specified in the Schedule to this Order are hereby transferred to the Secretary of State.

(2)

The functions of the Lord Advocate which are mentioned in Article 2(b) of the Transfer of Functions (Treasury and Lord Advocate) Order 1981f1 are hereby transferred to the Secretary of State.

3Supplementary and consequential

All property, rights and liabilities to which the Lord Advocate is entitled or subject at the coming into force of this Order in connection with any function transferred by this Order are hereby transferred to the Secretary of State for Scotland.

4Supplementary and consequential

In section 34 of the Conveyancing (Scotland) Act 1924f1, for “the Lord Advocate at the Crown Office” there is substituted “the Secretary of State at St Andrew’s House”.

5Supplementary and consequential

Paragraph 1(2)(b) of Schedule 5 to the Reserve Forces Act 1996f1 shall be repealed.

6Supplementary and consequential

In section 91(3)(b) of the Arbitration Act 1996f1 the words “with the concurrence of the Lord Advocate” shall be repealed.

7Supplementary and consequential

(1)

This Order shall not affect the validity of anything done (or having effect as if done) by or in relation to the Lord Advocate before the coming into force of this Order.

(2)

Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Lord Advocate may, so far as it relates to anything transferred by this Order, be continued by or in relation to the Secretary of State or, as the case may be, the Secretary of State for Scotland.

(3)

Anything done (or having effect as if done) by or in relation to the Lord Advocate for the purposes of or in connection with anything transferred by this Order shall, if in force at the coming into force of this Order, have effect as if done by or in relation to the Secretary of State or, as the case may be, the Secretary of State for Scotland in so far as that is required for continuing its effect after the coming into force of this Order.

(4)

Subject to any express repeal or amendment made by this Order, any enactment, instrument or other document passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of any transfer effected by this Order, as if for any references to the Lord Advocate there were substituted references to the Secretary of State or, as the case may be, the Secretary of State for Scotland.

Signature

A K Galloway

Clerk of the Privy Council

Primary legislation

Subordinate legislation

  • Section 4(2) of the National Trust for Scotland Order 1947 as confirmed by the National Trust for Scotland Order Confirmation Act 1947 (1947 c.xxxviii);

  • The Merchant Shipping (Section 52 Inquiries) Rules 1982 (S.I. 1982/1752), rule 5f1;

  • The Merchant Shipping (Formal Investigations) Rules 1985 (S.I. 1985/1001), rule 4(1);

  • The Building Societies Appeal Tribunal Regulations 1987 (S.I. 1987/891), regulation 6;

  • The Banking Appeal Tribunal (Scottish Appeals) Regulations 1987 (S.I. 1987/1336), regulation 6;

  • Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) 1991 (S.I. 1991/1397), rules 21 to 24;

  • The Charities (Scheme for the Transfer of Assets) (Scotland) Regulations 1992 (S.I. 1992/2082);

  • The Charities Accounts (Scotland) Regulations 1992 (S.I. 1992/2165), regulation 9(2);

  • The Public Trusts (Reorganisation) (Scotland) (No.2) Regulations 1993 (S.I. 1993/2254);

  • Act of Sederunt (Rules of the Court of Session 1994) 1994 (S.I. 1994/1443), rule 63.10;

  • The Deregulation (Model Appeal Provisions) Order 1996 (S.I. 1996/1678)f2;

  • The Merchant Shipping (Section 63 Inquiries) Rules 1997 (S.I. 1997/347), rule 5(1).

Explanatory note

(This note is not part of the Order)

This Order provides for transfer to the Secretary of State of the functions of the Lord Advocate under the enactments listed in the Schedule to the Order and as mentioned in Article 2(2) of the Order.

Articles 3 to 7 of the Order contain provisions which are supplementary to, or consequential on, that transfer. Article 3 provides for the transfer to the Secretary of State for Scotland of any property, rights and liabilities to which the Lord Advocate is entitled or subject in connection with any function transferred. Articles 4 to 6 make certain consequential amendments and repeals. Article 7 contains other consequential or supplementary provisions.