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Scotland Act 1998 (Modification of Functions) Order 1999

As Enacted Cited authorities 86 Cited in Amendments 68 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1999/1756

1999 No. 1756

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scotland Act 1998 (Modification of Functions) Order 1999

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 19981;

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:

Citation, commencement, interpretation and application
S-1 Citation, commencement, interpretation and application

Citation, commencement, interpretation and application

1.—(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 day2.

(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 19953and 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.

Modification of functions: General
S-2 Modification of functions: General

Modification of functions: General

2. 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.

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

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

S-3 So far as a function under the Sea Fisheries Acts is...

3. 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.

S-4 So far as a function under any other enactment is exercisable...

4. 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.

S-5 So far as a function under Community law, or to which section...

5. So far as a function under Community 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 Community law4, 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.

S-6 So far as a function of a Minister of the Crown to which...

6. 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 Community 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.

S-7 So far as a specified function under Community law, or a...

7.—(1) So far as a specified function under Community 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 Community law” means any function related to the implementation of any legislative instrument of the European Community adopted in pursuance of its common agricultural policy, which applies in relation to agricultural activities by reference to a holding.

Savings and transitional provision
S-8 Savings and transitional provision

Savings and transitional provision

8.—(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)

(a) section 53(1A) of the Sex Discrimination Act 19755;

(b)

(b) section 43(1A) of the Race Relations Act 19766;

(c)

(c) paragraph 2(1A) of Schedule 8 to the Broadcasting Act 19907;

(d)

(d) paragraph 3(3A) of Schedule 5 to the Disability Discrimination Act 19958; and

(e)

(e) paragraph 3(1A) of Schedule 3 to the Broadcasting Act 19969,

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.

Secretary of State for Scotland

St Andrew’s House Edinburgh

1999

SCHEDULE

Article 2

SCHEDULE

Pipe-lines Act 1962 (c. 58)

Pipe-lines Act 1962 (c. 58)

SCH-1.1

1. 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 196210so 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.

Nuclear Installations Act 1965 (c. 46)

Nuclear Installations Act 1965 (c. 46)

SCH-1.2

2. 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”.

Forestry Act 196 7 (c. 10)

Forestry Act 196 7 (c. 10)

SCH-1.3

3. In section 8A11of 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”.

Chronically Sick and Disabled Persons Act 1970 (c. 44)

Chronically Sick and Disabled Persons Act 1970 (c. 44)

SCH-1.4

4. 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.

Sex Discrimination Act 1975 (c. 65)

Sex Discrimination Act 1975 (c. 65)

SCH-1.5

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

SCH-1.1A

“1A One of the Commissioners shall be a person who appears to the Secretary of State to have special knowledge of Scotland.”.

Race Relations Act 1976 (e. 74)

Race Relations Act 1976 (e. 74)

SCH-1.6

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

SCH-1.1A

“1A One of the Commissioners shall be a person who appears to the Secretary of State to have special knowledge of Scotland.”.

National Heritage Act 1980 (c. 17)

National Heritage Act 1980 (c. 17)

SCH-1.7

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

SCH-1.8

“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.

SCH-1.9

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–

SCH-1.8

“8 The power of...

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