The Scotland Act 1998 (Concurrent Functions) Order 1999

• Citation: S.I. 1999/1592
• Sections: 5

Section 1 Citation and commencement

This Order may be cited as the Scotland Act 1998 (Concurrent Functions) Order 1999 and shall come into force on the principal appointed day .

Section 2 Interpretation

(1) In this Order—

“the 1998 Act ” means the Scotland Act 1998;

“British fishing boat” means a fishing boat, other than a Scottish fishing boat, which is registered in the United Kingdom or is British-owned; and

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

(2) In this Order, unless the context otherwise requires—

(a) a reference to a numbered section is a reference to the section so numbered in the 1998 Act; and

(b) a reference to a numbered Schedule is a reference to the Schedule to this Order so numbered.

Section 3 Concurrent functions

(1) Despite its transfer to the Scottish Ministers by virtue of section 53, any specified function shall be exercisable by the person by whom it was exercisable immediately before that transfer as well as by the Scottish Ministers.

(2) In paragraph (1), “specified function” means a function conferred by an enactment mentioned in column 1 of Schedule 1 but, if there is a corresponding entry in column 2 of that Schedule, it means that function so far as it is exercisable to the extent specified in column 2.

(3) Despite the transfer to the Scottish Ministers by virtue of section 53 of any function described in Schedule 2, that function shall be exercisable by a Minister of the Crown as well as by the Scottish Ministers.

Section 1 Export Promotion

Any function relating to—

(a) the promotion of, or arranging for the promotion of, the export of goods or services from the United Kingdom and the provision of, or arranging for the provision of, advice and financial and other assistance in relation to such promotion; and

(b) support for, or arranging for support for, investment by any person in any matter outside the United Kingdom and the provision of, or arranging for the provision of, advice and financial and other assistance in relation to such investment.

Section 2 Fires and fire brigades: statistics and research

Any function relating to—

(a) the collection, analysis and publication of statistics relating to—

(i) occurrences of fires in Scotland;

(ii) calls for the assistance of employees of the Scottish Fire and Rescue Service in Scotland; and

(iii) the causes, characteristics and effects of fires occurring in Scotland; and

(b) the carrying out of, or arranging for the carrying out of, research into and development of knowledge of—

(i) the causes, characteristics and effects of fires occurring in Scotland;

(ii) the means of preventing or mitigating the outbreak or spread of fire;

(iii) the manner in which employees of the Scottish Fire and Rescue Service may be trained and the equipment which may be provided to them; and

(iv) the effectiveness and efficiency of arrangements for responding to calls for the assistance of employees of the Scottish Fire and Rescue Service in Scotland.