Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999

JurisdictionUK Non-devolved
CitationSI 1999/1747

1999 No. 1747

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999

Made 22th June 1999

Coming into force in accordance with article 1

At the Court at Windsor Castle, the 22nd day of June 1999

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament and of the Scottish Parliament;

And whereas the bodies mentioned in Schedule 1 to this Order have been specified as cross-border public authorities by the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 19991

And whereas it has been recommended to Her Majesty in Council to make this Order following consultation with the cross-border public authorities mentioned in that Schedule;

Now therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 89 and 113 of the Scotland Act 19982and of all other powers enabling Her in that behalf, is pleased by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 and shall come into force on the principal appointed day3

S-2 Interpretation

Interpretation

2. In this Order, “the Act” means the Scotland Act 1998.

S-3 Adaptation of functions etc.

Adaptation of functions etc.

3. The modifications mentioned in Part II of each of Schedules 2 to 23 to this Order, which modifications relate to the cross-border public authority or authorities mentioned in Part I of each of those Schedules, shall have effect.

S-4 Modification of enactments

Modification of enactments

4. Sections 118 to 121 of the Act shall apply in relation to any function exercisable by the Scottish Ministers alone by virtue of this Order as they apply in relation to functions of the Scottish Ministers exercisable within devolved competence.

S-5 Transitional and saving provisions

Transitional and saving provisions

5.—(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 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 the 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.

A. K. Galloway

Clerk of the Privy Council

SCHEDULE 1

Preamble

CROSS-BORDER PUBLIC AUTHORITIES

Advisory Committee on Pesticides4Advisory Committee on Releases to the Environment5British Potato Council6British Wool Marketing Board7Chief Commissioner and Commissioners8Committee of Investigation for Great Britain9Consumers' Committee for Great Britain10

Controller of Plant Variety Rights11

Council on Tribunals12

Criminal Injuries Compensation Appeals Panel13

Criminal Injuries Compensation Authority14

Criminal Injuries Compensation Board15

Food from Britain16

Forestry Commissioners17

Home-Grown Cereals Authority18

Horticultural Development Council19

Intervention Board for Agricultural Produce20

Meat and Livestock Commission21

Meat and Livestock Commission’s Consumers Committee22

Milk Development Council23

The National Criminal Intelligence Service24

National Radiological Protection Board25

Plant Varieties and Seeds Tribunal26

Plant Variety Rights Office27

Police Information Technology Organisation28

Police Negotiating Board for the United Kingdom29

Rail Users' Consultative Committee for Scotland30

Scottish Committee of the Council on Tribunals31

Sea Fish Industry Authority32

The Service Authority for the National Criminal Intelligence Service33

SCHEDULE 2

Article 3

ADVISORY COMMITTEE ON PESTICIDES

APPLICATION AND INTERPRETATION

PART I

APPLICATION AND INTERPRETATION

SCH-2.1

1.—(1) This Schedule shall apply to the Advisory Committee on Pesticides.

(2) In this Schedule–

the 1985 Act” means the Food and Environment Protection Act 198534;

“the Committee” means the Advisory Committee on Pesticides established by article 3 of the Order;

“the Order” means the Control of Pesticides (Advisory Committee on Pesticides) Order 198535;

“the Regulations” means the Control of Pesticides (Advisory Committee on Pesticides) (Terms of Office) Regulations 198536.

MODIFICATIONS

PART II

MODIFICATIONS

Modification of functions in relation to the Committee

Modification of functions in relation to the Committee

SCH-2.2

2.—(1) Any function which is–

(a)

(a) specifically exercisable in relation to the Committee; and

(b)

(b) exercisable by the Secretary of State acting jointly with other Ministers of the Crown,

shall instead be exercisable by the Secretary of State, the Scottish Ministers and those Ministers of the Crown acting jointly.

(2) This paragraph shall not apply to any function to which paragraphs 3 or 4 apply.

SCH-2.3

3.—(1) This paragraph applies to any function of making subordinate legislation under section 16(7) of, or paragraphs 3 or 8 of Schedule 5 to, the 1985 Act.

(2) The Secretary of State for Scotland is to cease to be among the Ministers who, acting jointly, may exercise any function to which this paragraph applies.

(3) Any function to which this paragraph applies shall be exercisable only with the consent of the Scottish Ministers and section 88(2) of the Act shall not apply to any such function.

SCH-2.4

4. Modification of 1985 Act

(1) Without prejudice to the generality of the modifications made by paragraphs 2 and 3, the consequential modification to the 1985 Act made by sub-paragraph (2) shall have effect.

(2) In section 16(9), after “the Ministers” there is inserted “or the Scottish Ministers”.

SCH-2.5

5. Modification of the Order

Without prejudice to the generality of the modifications made by paragraphs 2 and 3, in article 2 (title, commencement and interpretation) of the Order after “Secretary of State” there is inserted “and the Scottish Ministers”.

SCH-2.6

6. Modification of the Regulations

Without prejudice to the generality of the modifications made by paragraphs 2 and 3, in regulation 1(2) (title, commencement and interpretation) of the Regulations after “Secretary of State” there is inserted “and the Scottish Ministers”.

SCHEDULE 3

Article 3

ADVISORY COMMITTEE ON RELEASES TO THE ENVIRONMENT

APPLICATION AND INTERPRETATION

PART I

APPLICATION AND INTERPRETATION

SCH-3.1

1. This Schedule shall apply to the Advisory Committee on Releases to the Environment.

SCH-3.2

2. In this Schedule–

the 1990 Act” means the Environmental Protection Act 199037;

“the Committee” means the Advisory Committee on Releases to the Environment established under section 124 of the 1990 Act.

MODIFICATIONS

PART II

MODIFICATIONS

SCH-3.3

3. Modification of functions in relation to the Committee

(1) Any function which is–

(a)

(a) specifically exercisable in relation to the Committee; and

(b)

(b) exercisable by the Secretary of State acting alone,

shall instead be exercisable by the Secretary of State and the Scottish Ministers acting jointly.

(2) Any function which is–

(a)

(a) specifically exercisable in relation to the Committee; and

(b)

(b) exercisable by the Secretary of State acting jointly with other Ministers of the Crown,

shall instead be exercisable by the Secretary of State, the Scottish Ministers and those other Ministers acting jointly.

SCHEDULE 4

Article 3

BRITISH POTATO COUNCIL

APPLICATION AND INTERPRETATION

PART I

APPLICATION AND INTERPRETATION

SCH-4.1

1.—(1) This Schedule shall apply to the British Potato Council.

(2) In this Schedule–

“the principal Order” means the Potato Industry Development Council Order 199738;

the 1947 Act” means the Industrial Organisation and Development Act 194739;

“the Council” means the British Potato Council constituted by article 3 of the principal Order.

MODIFICATIONS

PART II

MODIFICATIONS

SCH-4.2

2. General modification of functions in relation to the Council

(1) Any function which is exercisable in relation to the Council by the Secretary of State for Scotland acting alone shall instead be exercisable by the Scottish Ministers.

(2) Any function which is–

(a)

(a) specifically exercisable in relation to the Council; and

(b)

(b) exercisable by the Secretary of State for Scotland acting jointly with other Ministers of the Crown,

shall instead be exercisable by the Scottish Ministers and those other Ministers acting jointly.

(3) This paragraph does not apply to any function to which paragraph 3 applies.

SCH-4.3

3. Modification of function under the 1947 Act

(1) This paragraph applies to any function exercisable by a Minister of the Crown under the 1947 Act to modify the principal Order.

(2) The Secretary of State for Scotland is to cease to be among the Ministers who, acting jointly, may exercise any function to which this paragraph applies.

(3) Any function to which this paragraph applies shall be exercisable only with the consent of the Scottish Ministers, and section 88(2) of the Act shall not apply in relation to any such function.

SCHEDULE 5

Article 3

BRITISH WOOL MARKETING BOARD

APPLICATION AND INTERPRETATION

PART I

APPLICATION AND INTERPRETATION

SCH-5.1

1.—(1) This Schedule shall apply to the British Wool Marketing Board.

(2) In this Schedule–

“the principal Order” means the British...

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