The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc. ) Order 1999

• Citation: S.I. 1999/1750
• Sections: 28

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 and shall come into force on the principal appointed day

(2) In this Order, “the 1998 Act ” means the Scotland Act 1998 and any reference to a numbered section (except any such reference in any of the Schedules to this Order) shall be read as a reference to the section bearing that number in the 1998 Act.

(3) In Schedules 1 to 3 to this Order, except where the context requires otherwise–

(a) any reference in an entry in column 2 to a numbered section or Schedule shall be read as a reference to the section or Schedule bearing that number in the Act to which the entry relates; and

(b) any expression used in an entry in that column which is defined in the enactment to which the entry relates shall bear the meaning in that enactment.

(4) A reference in article 2, 3 or 5 to a function so far as it is exercisable by a Minister of the Crown in or as regards Scotland is, if the function is treated by virtue of section 106 (power to adapt functions) as exercisable in or as regards Scotland to any extent, a reference to the function only so far as it is exercisable to that extent.

Section 2 Transfer of statutory functions to the Scottish Ministers

The functions which are conferred on a Minister of the Crown by the enactments specified in column 1 of Schedule 1 to this Order shall–

(a) so far as they are exercisable by him in or as regards Scotland; and

(b) subject to any restriction or requirement in the corresponding entry in column 2 of that Schedule,

be exercisable by the Scottish Ministers instead of by the Minister of the Crown.

Section 3 Functions shared by the Scottish Ministers and a Minister of the Crown

The functions which are conferred on a Minister of the Crown by the enactments specified in column 1 of Schedule 2 to this Order shall–

(a) so far as they are exercisable by him in or as regards Scotland; and

(b) subject to any restriction or requirement in the corresponding entry in column 2 of that Schedule,

be exercisable by the Scottish Ministers concurrently with the Minister concerned.

Section 4 Functions exercisable with agreement of, or after consultation with, the Scottish Ministers

The functions which are conferred on a Minister of the Crown by the enactments specified in column 1 of Schedule 3 to this Order shall–

(a) so far as they are exercisable by him in or as regards Scotland; and

(b) subject to any restrictions in the corresponding entry in column 2 of that Schedule,

be exercisable by him subject to the requirements as to agreement or consultation which are set out in the corresponding entry in column 2 of the Schedule.

Section 5 Transfer of non-statutory functions to the Scottish Ministers

The functions described in Schedule 4 to this Order shall, so far as they are exercisable by a Minister of the Crown in or as regards Scotland, be exercisable by the Scottish Ministers instead of by the Minister of the Crown.

Section 6 Modifications of enactments

(1) Schedule 5 to this Order (modifications of enactments) shall have effect.

(2) Subject to the modifications set out in Schedule 5–

(a) sections 94, 117 and 118 shall apply in relation to the exercise of functions by the Scottish Ministers by virtue of articles 2, 3 or 5 of this Order as they apply in relation to the exercise of functions by the Scottish Ministers within devolved competence; and

(b) sections 119 to 121 shall apply in relation to functions exercisable by the Scottish Ministers by virtue of those articles as they apply in relation to functions of the Scottish Ministers exercisable within devolved competence,

and as if any reference in those sections to a pre-commencement enactment were to any enactment.

(3) Any reference in any enactment or prerogative instrument or in any other instrument or document–

(a) to government departments; or

(b) to, or to any part or officer of, any government department,

(however described) is to be read, so far as the effect of this Order makes it necessary or expedient to do so, as including or being a reference to, or to any corresponding part or member of the staff of, the Scottish Administration.

Section 7 Transitional and saving provision

(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 date on which 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 that 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.

(4) Despite the transfer to the Scottish Ministers of functions by virtue of this Order, any function of a Minister of the Crown in relation to any matter shall continue to be exercisable by him as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972

Section 1 Functions in relation to the radio spectrum

(1) Functions in relation to the assignment of radio frequencies within the radio spectrum in relation to activities (other than the excepted activities described in sub-paragraph (2) below) undertaken–

(a) by or on behalf of the Crown and which, as such, would not require to be licensed or authorised under any provision of the Wireless Telegraphy Act 1949 ;

(b) by the Police Service of Scotland;

(c) by the Scottish Fire and Rescue Service; or

(d) by a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in connection with civil defence functions.

(2) The excepted activities referred to in sub-paragraph (1) are activities in connection with any matter which is a reserved matter by virtue of paragraph 9 of Part I of Schedule 5 to the 1998 Act.

Section 2 Functions in relation to tribunals etc.

Functions relating to–

(a) the provision of premises for the purposes of carrying out the functions of–

(i) Child Support Commissioners (appointed under section 22 of the Child Support Act 1991 );

(ii) Social Security Commissioners (appointed under section 52 of the Social Security Administration Act 1992 or paragraph 1 of Schedule 4 to the Social Security Act 1998 );

(iii) a VAT and duties tribunal (established under paragraph 1 of Schedule 12 to the Value Added Tax Act 1994 );

(iv) a Pensions Appeal Tribunal (constituted under the Schedule to the Pensions Appeal Tribunals Act 1943 );

(b) the provision of staff to assist any person or tribunal specified in sub-paragraph (a) (other than a VAT and duties tribunal) to carry out their functions; and

(c) the funding of payments made by a Pensions Appeal Tribunal under rules 26 to 28 of the Pensions Appeal Tribunals (Scotland) Rules 1981 .

Section 3 Functions in relation to welfare foods

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1 Post Office Act 1953 (c. 36)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2 Police (Scotland) Act 1967 (c. 77)

(1) The Police (Scotland) Act 1967 is amended as follows.

(2) In section 32A (grants for expenditure on safeguarding national security) , for subsection (3), there is substituted the following–

(3) Subject to subsection (4), the Secretary of State shall exercise his powers under this section only with the approval of the Treasury.

(4) Where the powers under this section are exercised by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), subsection (3) shall not apply.

Section 3 Firearms Act 1968 (c. 27)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 4 Police Pensions Act 1976 (c. 35)

In section 7 of the Police Pensions Act 1976, at the end there is inserted–

(4) Where regulations are made under section 1 above by the Scottish Ministers by reason of a transfer of functions under the Scotland Act 1998, this section shall have effect with the following modifications:–

(a) in each of subsections (1) and (2), for “into the Consolidated Fund or out of money provided by Parliament” substitute “into or out of the Scottish Consolidated Fund”;

(b) in subsection (3), for “money provided by Parliament” substitute “the Scottish Consolidated Fund”.

Section 5 Telecommunications Act 1984 (c. 12)

(1) The Telecommunications Act 1984 is amended as follows.

(2) In section 45 (interception and disclosure of messages etc.), in subsection (2)(b), after “Secretary of State”, there is inserted “or the Scottish Ministers”.

Section 6 Interception of Communications Act 1985 (c. 56)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 7 Firearms (Amendment) Act 1988 (c. 45)

(1) The Firearms (Amendment) Act 1988 is amended as follows.

(2) In section 15 (approved rifle clubs and muzzle-loading pistol clubs) –

(a) in subsection (1), after “Secretary of State”, there is inserted “or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)”;

(b) in subsection (5)–

(i) in paragraph (a), after “thinks”, there is inserted “or, as the case may be, the Scottish Ministers think”;

(ii) in paragraph (b), after “Secretary of State”, there is inserted “or, as the case may be, the Scottish Ministers”.

(3) In the Schedule (firearms and ammunition in museums) –

(a) in paragraph 1(2)(b), after “Secretary of State”, there is inserted “or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)”;

(b) in paragraph 1(3)–

(i) after “Secretary of State” in the first place where it occurs, there is inserted “or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)”;

(ii) after “he”, there is inserted “or they”;

(c) in paragraph 1(4), after “necessary”, there is inserted “or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998) think necessary”;

(d) in paragraph 2(2), after “Secretary of State”, there is inserted “or, in the case of a notice given by them (by virtue of provision made under section 63 of the Scotland Act 1998), the Scottish Ministers”;

(e) in paragraph 2(4)–

(i) after “Secretary of State”, there is inserted “or, in the case of a revocation made by them (by virtue of provision made under section 63 of the Scotland Act 1998), the Scottish Ministers”;

(ii) after “him”, there is inserted “or them”;

(f) in paragraph 5–

(i) in sub-paragraph (2), after “Secretary of State”, there is inserted “or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)”;

(ii) in sub-paragraph (3), after “Secretary of State”, there is inserted “or, as the case may be, the Scottish Ministers”.

Section 8 Electricity Act 1989 (c. 29)

(1) Section 62 of the Electricity Act 1989 is amended as follows.

(2) In subsection (1), at the end there is added “or a matter relating to a function which is exercisable by the Scottish Ministers”.

(3) After subsection (1), there is inserted:–

(1A) The Scottish Ministers may cause an inquiry to be held in any case where they consider it advisable to do so in connection with any matter relating to the exercise by them of a function under this Part.

(4) In subsection 3(a), for “held” there is substituted “caused to be held by the Secretary of State”.

(5) After subsection (4) there is added:–

(5) Where–

(a) an inquiry is to be caused to be held by the Scottish Ministers under this Part in connection with any matter; and

(b) in the case of some other matter required or authorised (whether by this Part or by any other enactment) to be the subject of an inquiry which is to be caused to be held by the Scottish Ministers, it appears to the Scottish Ministers that the matters are so far cognate that they should be considered together,

the Scottish Ministers may direct that the two inquiries be held concurrently or combined as one inquiry.

Section 9 Extradition Act 1989 (c. 33)

(1) The Extradition Act 1989 is amended as follows.

(2) In section 6–

(a) after “Secretary of State” in each place where it occurs insert “or the Scottish Ministers”;

(b) in subsection (6) after “him” insert “or them”; and

(c) for subsection (9)(a) substitute–

(a) the Secretary of State, or, except in section 25(1), in the case of a function that is exercisable in or as regards Scotland, the Scottish Ministers

(3) In section 7–

(a) in subsection (1) after “Secretary of State” in the first place where it occurs insert “or the Scottish Ministers”???;

(b) in subsections (4) and (5) after “Secretary of State” insert “or the Scottish Ministers”;

(c) in subsection (4) after “him” insert “or them”.

(4) In section 8(4)–

(a) after “Secretary of State” in both places where it occurs there is inserted “or the Scottish Ministers”;

(b) after “him” where it first occurs there is inserted “or them”;

(c) after “he decides” there is inserted “or, they decide”.

(5) In section 9(5) after “Secretary of State”, there is inserted “or the Scottish Ministers”.

(6) In section 9(8)–

(a) in subsection (i) after “Secretary of State's” there is inserted “or the Scottish Ministers'”;

(b) in subsection (ii) after “decides” there is inserted “or the Scottish Ministers decide”.

(7) In section 10(6) after “Secretary of State has” there is inserted “or the Scottish Ministers have”.

(8) In section 11(1) after “Secretary of State” there is inserted “or the Scottish Ministers”.

(9) In section 12–

(a) in subsection (1)–

(i) after “Secretary of State” where it first occurs there is inserted “or the Scottish Ministers”;

(ii) after “decides” there is inserted “or the Scottish Ministers decide”; and

(b) in subsections (2) and (5) after “Secretary of State” in each place where it occurs there is inserted “or the Scottish Ministers”.

(10) In subsections (1) and (4) of section 13 after “Secretary of State” in each place where it occurs there is inserted “or the Scottish Ministers”.

(11) In section 13(6) after “Secretary of State's” there is inserted “or the Scottish Ministers'”.

(12) In section 13(9) after “Secretary of State has” there is inserted “or the Scottish Ministers have”.

(13) In section 20(2) after “he thinks fit” there is inserted “or the Scottish Ministers may if they think fit”.

(14) After section 28(1) insert–

(1A) Any warrant or order to be issued or made by the Scottish Ministers under this Act shall be given under the hand of a member of the Scottish Executive.

Section 10 Broadcasting Act 1990 (c. 42)

(1) The Broadcasting Act 1990 is amended as follows.

(2) In paragraph 15 of Schedule 1 (Independent Television Commission: supplementary provisions) at the end add–

(4) Where a report is transmitted by the Commission under sub-paragraph (1) to the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), the Scottish Ministers shall lay a copy of the report before the Scottish Parliament.

(3) In paragraph 15 of Schedule 8 (Radio Authority: supplementary provisions) at the end add–

(3) Where a report is transmitted by the Authority under sub-paragraph (1) to the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), the Scottish Ministers shall lay a copy of the report before the Scottish Parliament.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 11 Tribunals and Inquiries Act 1992 (c. 53)

In the Tribunals and Inquiries Act 1992, the words “and the Lord Advocate” wherever they appear in sections 10, 13 and 16(2) are omitted.

Section 12 National Lottery etc. Act 1993 (c. 39)

(1) The National Lottery etc. Act 1993 is amended as follows.

(2) In section 14 (annual reports of the National Lottery Commission) at the end add–

(4) Where a report is made by the National Lottery Commission under sub-section (1) to the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), the Scottish Ministers shall lay a copy of the report before the Scottish Parliament.

(3) In section 34 (annual reports of distributing bodies) at the end add–

(6) Where a report is made under subsection (1) to the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), the Scottish Ministers shall lay a copy of the report before the Scottish Parliament.

Section 13 Railways Act 1993 (c. 43)

(1) The Railways Act 1993 is amended as follows.

(2) In section 74 (annual and other reports of the Regulator), after subsection (3) insert–

(3A) Where a report is made by the Regulator under subsection (1) above to the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), the Scottish Ministers shall lay a copy of the report before the Scottish Parliament and shall arrange for copies to be published in such manner as they consider appropriate.

(3) In section 75 (annual reports of the Franchising Director), after subsection (2) insert–

(2A) Where a report is made by the Franchising Director under subsection (1) above to the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), the Scottish Ministers shall lay a copy of the report before the Scottish Parliament and shall arrange for copies to be published in such manner as they consider appropriate.

Section 14 Intelligence Services Act 1994 (c. 13)

(1) The Intelligence Services Act 1994 is amended as follows.

(2) In section 6 (warrants: procedure and duration, etc.)–

(a) in subsection (1)–

(i) in paragraph (a), after the words “Secretary of State”, there are inserted the words “or, in the case of a warrant by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), a member of the Scottish Executive”???; and

(ii) at the end of paragraph (b) there is inserted–

; or

(c) in an urgent case where, the Scottish Ministers have (by virtue of provision made under section 63 of the Scotland Act 1998) expressly authorised its issue and a statement of that fact is endorsed thereon, under the hand of a member of the staff of the Scottish Administration who is in the Senior Civil Service and is designated by the Scottish Ministers as a person under whose hand a warrant may be issued in such a case.

(b) in subsection (2), after “Secretary of State”, there is inserted “or, in the case of a warrant issued by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), a member of the Scottish Executive”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 15 Local Government etc. (Scotland) Act 1994 (c. 39)

(1) Section 117 (directions in the interests of national security) of the Local Government etc. (Scotland) Act 1994 is amended as follows.

(2) In subsection (4), after “given” there is inserted “by him”.

(3) After subsection (4) there is inserted–

(4A) The Scottish Ministers shall lay before the Scottish Parliament a copy of–

(a) any direction given by them under this section (by virtue of provision made under section 63 of the Scotland Act 1998); and

(b) any direction given by the Secretary of State under this section,

unless the Secretary of State is of the opinion that disclosure of the direction is against the interests of national security.

Section 16 Reserve Forces Act 1996 (c. 14)

In the Reserve Forces Act 1996, the words “and the Lord Advocate” wherever they appear in sections 90 and 91 are omitted.

Section 17 Broadcasting Act 1996 (c. 55)

(1) The Broadcasting Act 1996 is amended as follows.

(2) In section 125 (annual reports of the Broadcasting Standards Commission), after subsection (1) insert–

(1A) Where a report is transmitted by the BSC under subsection (1) to the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), the Scottish Ministers shall lay a copy of the report before the Scottish Parliament.

Section 18 Firearms (Amendment) Act 1997 (c. 5)

(1) The Firearms (Amendment) Act 1997 is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In section 7 (firearms of historic interest)–

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (3), after “Secretary of State” where they occur in both places, there is inserted “or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)”.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .