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Statutory Instrument 1999 No. 1747The Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999(The document as of February, 2008) STATUTORY INSTRUMENTS1999 No. 1747CONSTITUTIONAL LAWDEVOLUTION, SCOTLANDThe Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999
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 1999[1] 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 1998[2] and 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: 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 day[3] Interpretation 2.In this Order, "the Act" means the Scotland Act 1998. 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. 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. 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 Advisory Committee on Pesticides[4] Advisory Committee on Releases to the Environment[5] British Potato Council[6] British Wool Marketing Board[7] Chief Commissioner and Commissioners[8] Committee of Investigation for Great Britain[9] Consumers' Committee for Great Britain[10] Controller of Plant Variety Rights[11] Council on Tribunals[12] Criminal Injuries Compensation Appeals Panel[13] Criminal Injuries Compensation Authority[14] Criminal Injuries Compensation Board[15] Food from Britain[16] Forestry Commissioners[17] Home-Grown Cereals Authority[18] Horticultural Development Council[19] Intervention Board for Agricultural Produce[20] Meat and Livestock Commission[21] Meat and Livestock Commission's Consumers Committee[22] Milk Development Council[23] The National Criminal Intelligence Service[24] National Radiological Protection Board[25] Plant Varieties and Seeds Tribunal[26] Plant Variety Rights Office[27] Police Information Technology Organisation[28] Police Negotiating Board for the United Kingdom[29] Rail Users' Consultative Committee for Scotland[30] Scottish Committee of the Council on Tribunals[31] Sea Fish Industry Authority[32] The Service Authority for the National Criminal Intelligence Service[33] 1. - (1) This Schedule shall apply to the Advisory Committee on Pesticides. (2) In this Schedule-
Modification of functions in relation to the Committee 2. - (1) Any function which is-
(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. 1.This Schedule shall apply to the Advisory Committee on Releases to the Environment. 2.In this Schedule-
Modification of functions in relation to the Committee 3. - (1) Any function which is-
(b) exercisable by the Secretary of State acting alone, shall instead be exercisable by the Secretary of State and the Scottish Ministers acting jointly.
(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. 1. - (1) This Schedule shall apply to the British Potato Council. (2) In this Schedule-
General modification of functions in relation to the Council 2. - (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-
(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. 1. - (1) This Schedule shall apply to the British Wool Marketing Board. (2) In this Schedule-
General modification of functions 2. - (1) Any function which is exercisable in relation to the Board by the Secretary of State for Scotland acting alone shall instead be exercisable by the Scottish Ministers. (2) Any function which is-
(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. 1.This Schedule shall apply to the Chief Commissioner and other Commissioners appointed for the purposes of Part III of the Police Act 1997[42]. 2. - (1) Part III of the Police Act 1997 is amended as follows. (2) In section 91 (the Commissioners)-
(b) for subsection (6), there is substituted-
(b) a resolution approving his removal has been passed by the Scottish Parliament.". (c) in subsection (8), after "Commissioner" there is inserted ", other than a Commissioner carrying out functions as mentioned in subsection (8A),";
(g) after subsection (9), there is inserted-
(3) In section 105 (appeals by authorising officers: supplementary), at the end of subsection (1)(b), there is inserted "and the Scottish Ministers".
(ii) after "to him", there is inserted "or them (as the case may require)"; (b) after subsection (3), there is inserted-
(6) In paragraph 4 of Schedule 7, after "Prime Minister", there is inserted "and to the Scottish Ministers". Notes: <>BR>[1] S.I. 1999/1319.back [2] 1998 c.46.back [3] Article 3 of the Scotland Act 1998 (Commencement) Order 1998 (S.I. 1998/3178) specifies 1st July 1999 as the principal appointed day for the purposes of the Scotland Act 1998.back [4] The Advisory Committee on Pesticides was established by article 3 of the Control of Pesticides (Advisory Committee on Pesticides) Order 1985 (S.I. 1985/1516).back [5] The Advisory Committee on Releases to the Environment was constituted by section 124 of the Environmental Protection Act 1990 (c.43).back [6] The British Potato Council was constituted by article 3(1) of the Potato Industry Development Council Order 1997 (S.I. 1997/266).back [7] The British Wool Marketing Board was constituted by paragraph 4 of the Schedule to the British Wool Marketing Scheme (Approval) Order 1950 (S.I. 1950/1326).back [8] The Chief Commissioner and other Commissioners are appointed under section 91 of the Police Act 1997 (c.50).back [9] The Committee of Investigation for Great Britain was constituted by section 19 of the Agricultural Marketing Act 1958 (c.47).back [10] The Consumers' Committee for Great Britain was constituted by section 19 of the Agricultural Marketing Act 1958.back [11] The Controller of Plant Variety Rights was constituted by section 2 of the Plant Varieties Act 1997 (c.66).back [12] The Council on Tribunals was constituted by section 1(1) of the Tribunals and Inquiries Act 1992 (c.53).back [13] The Criminal Injuries Compensation Appeals Panel was constituted by the Criminal Injuries Compensation Scheme 1996. The 1996 Scheme was made by the Secretary of State on 12th December 1995 under section 1 of the Criminal Injuries Compensation Act 1995 (c.53).back [14] The Criminal Injuries Compensation Authority is the body referred to in the Criminal Injuries Compensation Scheme 1996.back [15] The Criminal Injuries Compensation Board was constituted by the Criminal Injuries Compensation Scheme 1990. The 1990 Scheme came into operation on 1st February 1990 and is a revision of the 1964 Scheme which was announced in both Houses of Parliament on 24th June 1964 in the exercise of the prerogative power.back [16] Food from Britain was established by section 1(1) of the Agricultural Marketing Act 1983 (c.3). The Act was amended by the Agriculture Act 1986 (c.49), sections 8 and 24.back [17] The Forestry Commissioners were constituted by section 1 of the Forestry Act 1967 (c.10).back [18] The Home-Grown Cereals Authority was constituted by section 1 of the Cereals Marketing Act 1965 (c.14). Section 1 was amended by section 4(3) of the Agriculture Act 1986 (c.49).back [19] The Horticultural Development Council was constituted by article 3(1) of the Horticultural Development Council Order 1986 (S.I. 1986/1110), to which there are amendments not relevant to this Order.back [20] The Intervention Board for Agricultural Produce was constituted by section 6(1) of the European Communities Act 1972 (c.68).back [21] The Meat and Livestock Commission was constituted by section 1 of the Agriculture Act 1967 (c.22).back [22] The Meat and Livestock Commission's Consumers Committee was constituted by section 2 of, and Schedule 1 to, the Agriculture Act 1967.back [23] The Milk Development Council was constituted by article 3 of the Milk Development Council Order 1995 (S.I. 1995/356).back [24] The National Criminal Intelligence Service was constituted by section 2 of the Police Act 1997 (c.50).back [25] The National Radiological Protection Board was constituted by section 1(1) of the Radiological Protection Act 1970 (c.46).back [26] The Plant Varieties and Seeds Tribunal was continued by section 42 of the Plant Varieties Act 1997.back [27] The Plant Varieties Rights Office was continued by section 2 of the Plant Varieties Act 1997.back [28] The Police Information Technology Organisation was constituted by section 109 of the Police Act 1997.back [29] The Police Negotiating Board for the United Kingdom was constituted by section 61 of the Police Act 1996 (c.16).back [30] The Rail Users' Consultative Committee for Scotland was constituted by section 2 of the Railways Act 1993 (c.43).back [31] The Scottish Committee of the Council on Tribunals was constituted by section 2(2) of the Tribunals and Inquiries Act 1992.back [32] The Sea Fish Industry Authority was constituted by section 1 of the Fisheries Act 1981 (c.29).back [33] The Service Authority for the National Criminal Intelligence Service was constituted by section 1 of the Police Act 1997.back [34] 1985 c.48.back [35] S.I. 1985/1516.back [36] S.I. 1985/1517.back [37] 1990 c.43.back [38] S.I. 1997/266.back [39] 1947 c.40.back [40] S.I. 1950/1326.back [41] 1958 c.47.back [42] 1997 c.50.back | |
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