The Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999

• Citation: S.I. 1999/1820
• Sections: 178

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999.

(2) Subject to paragraph (3), this Order shall come into force on the principal appointed day

(3) The following provisions of this Order shall come into force immediately before the principal appointed day–

(a) paragraph 19(3) of Part I of Schedule 2;

(b) paragraph 52(2) of Part I of Schedule 2;

(c) paragraph 108(4) of Part I of Schedule 2;

(d) paragraph 131(5) of Part I of Schedule 2; and

(e) paragraph 166(5) of Part II of Schedule 2.

(4) In this Order “the 1998 Act” means the Scotland Act 1998.

Section 2 General modification of enactments

(1) This article applies to any provision that is contained in–

(a) any pre-commencement enactment, or

(b) any prerogative instrument, or any other instrument or document, made before the principal appointed day.

(2) Any reference in any provision–

(a) to government departments; or

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

(however described in that provision), is to be read, so far as the effect of the 1998 Act 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.

(3) Paragraph (2) above shall not apply to the provisions or enactments mentioned in Schedule 1 to this Order.

Section 3 General modification of enactments

So far as may be necessary or expedient in consequence of section 94 of the 1998 Act, in any pre-commencement enactment or prerogative instrument, and other instrument or document made before the principal appointed day–

(a) any reference to an order confirmed by Act of Parliament or to an order confirmed by Parliament shall be read as including an order confirmed by an Act of the Scottish Parliament; and

(b) any reference to an order subject to special parliamentary procedure shall be read as including an order subject to such special procedure as may be provided by or under an Act of the Scottish Parliament or under section 129(1) of the 1998 Act.

Section 4 Amendments and repeals

The modifications specified in Parts I, II and III of Schedule 2 to this Order and the repeals specified in Part IV of that Schedule shall have effect.

Section 5 Saving

Nothing in Schedule 2 to this Order prejudices the general operation of the modifications in articles 2(2) and 3 of this Order or sections 117 to 122 of the 1998 Act.

Section 1 Heritable Jurisdictions (Scotland) Act 1746 (c. 43)

Section 43 of the Heritable Jurisdictions (Scotland) Act 1746 (Sheriff’s fines abolished) is omitted.

Section 2 Sea Fisheries Act 1868 (c. 45)

In section 64 of the Sea Fisheries Act 1868 (application of penalties), at the end there is inserted “or, in relation to Scotland, shall be paid into the Scottish Consolidated Fund”.

Section 3 Land Registers (Scotland) Act 1868 (c. 64)

(1) The Land Registers (Scotland) Act 1868 is amended as follows.

(2) In section 13 (no higher fees to be chargeable for writs registered for preservation and execution as well as publication), the words from “and the salaries” to the end are omitted.

(3) In section 25 (fees), “with the consent of the Treasury” is omitted.

Section 4 College Charter Act 1871 (c. 63)

In section 2 of the College Charter Act 1871 (copy of college charter to be laid before Parliament), after “Houses of Parliament” there is inserted “or, in the case of an application in respect of a college or university which will have its principal establishment in Scotland, before the Scottish Parliament”.

Section 5 Sea Fisheries Act 1883 (c. 22)

In section 21(1) of the Sea Fisheries Act 1883 (application of fines), at the end there is inserted “or, in relation to Scotland, be paid into the Scottish Consolidated Fund”.

Section 6 Sea Fisheries (Scotland) Amendment Act 1885 (c. 70)

(1) The Sea Fisheries (Scotland) Amendment Act 1885 is amended as follows.

(2) For “Secretary of State”, in each place where it appears except the second reference to that term in section 7, there is substituted “Scottish Ministers”.

(3) In section 2 (application), for “parts of the sea adjoining Scotland” there is substituted “Scottish zone; and in this Act, “the Scottish zone” has the same meaning as in the Scotland Act 1998”.

(4) In sections 5 (identification of steam trawlers fishing off Scotland), 6 (power to require statistics of sea fisheries) and 7 (compensation) for “any part of the sea adjoining Scotland” there is substituted “the Scottish zone”.

(5) In section 7, for “an officer of the Secretary of State” there is substituted “a member of the staff of the Scottish Administration”.

Section 7 Universities (Scotland) Act 1889 (c. 55)

In section 9 of the Universities (Scotland) Act 1889 (constitution of Scottish Universities Committee of Privy Council) for “Secretary of State” there is substituted “First Minister”.

Section 8 Fisheries Act 1891 (c. 37)

In section 6(1) of the Fisheries Act 1891 (construction, title and commencement of this Part of Act) for “parts of the sea adjoining Scotland” there is substituted “Scottish zone within the meaning of the Scotland Act 1998”.

Section 9 Courts of Law Fees (Scotland) Act 1895 (c. 14)

In section 2(1) of the Courts of Law Fees (Scotland) Act 1895 (power of Secretary of State to regulate court fees etc.)

(a) “with the concurrence of the Treasury” is omitted; and

(b) in paragraph (a), for “out of the Consolidated Fund or out of moneys provided by Parliament” there is substituted “by the Scottish Ministers”.

Section 10 National Galleries of Scotland Act 1906 (c. 50)

In the Schedule to the National Galleries of Scotland Act 1906 (further provision as to Board)

(a) in paragraph 4(5) ,“given with the Treasury’s consent” is omitted;

(b) in paragraph 6 ,“with the Treasury’s approval” is omitted;

(c) in paragraph 8(3), “with the Treasury’s consent” is omitted; and

(d) in paragraph 8(5), for “Comptroller and Auditor General” there is substituted “Auditor General for Scotland”.

Section 11 Census Act 1920 (c. 41)

In section 9 of the Census Act 1920 (application to Scotland) –

(a) in subsection (1) for “the Secretary of State” there is substituted “the Scottish Ministers”; and

(b) after subsection (2) there is inserted–

(3) The Scottish Parliament shall be substituted for references to Parliament or either House of Parliament.

(4) In section 2(3) “with the sanction of the Treasury” is omitted.

Section 12 Conveyancing (Scotland) Act 1924 (c. 27)

In section 34 (service of notice) , for “Secretary of State” there is substituted “Scottish Ministers”.

Section 13 National Library of Scotland Act 1925 (c. 73)

(1) The National Library of Scotland Act 1925 is amended as follows.

(2) In section 2A(2) (appointment of Librarian) , “given with the Treasury’s consent” is omitted.

(3) In the Schedule (constitution and proceedings of Board) –

(a) in paragraph 1 for “The Secretary of State” and “The Member of Parliament for Edinburgh Central” there is substituted respectively “A member of the Scottish Executive” and “The Member of the Scottish Parliament for Edinburgh Central”;

(b) in paragraph 8(3) “with the Treasury’s consent” is omitted; and

(c) in paragraph 8(5) for “Comptroller and Auditor General” there is substituted “Auditor General for Scotland”.

Section 14 Sheriff Courts and Legal Officers (Scotland) Act 1927 (c. 35)

(1) The Sheriff Courts and Legal Officers (Scotland) Act 1927 is amended as follows.

(2) Section 6 (tenure of whole-time officers) is omitted.

(3) In section 12 (prosecutions at instance of procurator fiscal) , the words from “and, where” to the end are omitted.

(4) Section 13 (expenses) is omitted.

Section 15 Administration of Justice (Scotland) Act 1933 (c. 41)

(1) The Administration of Justice (Scotland) Act 1933 is amended as follows.

(2) In section 23(1) (appointment of clerks in the Court of Justiciary), for “Secretary of State” there is substituted “Scottish Ministers”.

(3) In section 24 (appointment of officers of the Court of Session) –

(a) in subsection (1)–

(i) for “Secretary of State” there is substituted “Scottish Ministers”;

(ii) for “he” there is substituted “they”; and

(iii) “, with the sanction of the Treasury as to numbers,” is omitted; and

(b) in subsection (7)–

(i) for “Secretary of State” in each place where it appears there is substituted “Scottish Ministers”; and

(ii) for “him” there is substituted “them”.

(4) In section 25 (appointment of Principal Clerk of Justiciary, &c.) , for “Secretary of State” there is substituted “Scottish Ministers”.

(5) In section 26 (age limit for officers of High Court of Justiciary and Court of Session)–

(a) for “Secretary of State” in each place where it appears there is substituted “Scottish Ministers”;

(b) for “any office” there is substituted “the office of Auditor of the Court of Session”;

(c) for “considers” there is substituted “consider”;

(d) for “he” in the second and third place where it appears there is substituted “they”; and

(e) “, with the approval of the Treasury,” is omitted.

(6) In section 27 (remuneration of officers of High Court of Justiciary and Court of Session) –

(a) in subsection (1)–

(i) for “Secretary of State” in each place where it appears there is substituted “Scottish Ministers”; and

(ii) for the words after “President” there is substituted “, from time to time determine”; and

(b) in subsection (2), for “Treasury” there is substituted “Scottish Ministers”.

(7) In section 28 (regulations for admission of officers of High Court of Justiciary and Court of Session) –

(a) for “Secretary of State” where it first appears there is substituted “Scottish Ministers”;

(b) “and with the concurrence of the Treasury and the Civil Service Commissioners” is omitted; and

(c) for the words after “admitted to” there is substituted “the office of Auditor of the Court of Session”.

Section 16 Harbours, Piers and Ferries (Scotland) Act 1937 (c. 28)

In section 20 of the Harbours, Piers and Ferries (Scotland) Act 1937 (discontinuance of marine work)–

(a) in subsection (1) the words from “given after consultation” to the end are omitted; and

(b) in subsection (2) the proviso is omitted.

Section 17 Public Records (Scotland) Act 1937(c. 43)

(1) The Public Records (Scotland) Act 1937 is amended as follows.

(2) In section 5(3) (provision for transfer of departmental and local authority records to the Keeper)–

(a) after the word “received” there is inserted “or to any part of the Scottish Administration”; and

(b) after the word “person”, where it appears for the second time, there is inserted “or of such part of the Scottish Administration”.

(3) In section 11 (catalogues, &c. of records) “, with the consent of the Treasury,” is omitted.

Section 18 Statistics of Trade Act 1947 (c. 39)

For section 9(1)(a) of the Statistics of Trade Act 1947 (disclosure of information) there is substituted–

(a) where the estimates, returns or information are in the possession of a government department and the Minister in charge of the department so directs, to a government department or the Scottish Ministers for the purposes of the exercise by the department or, as the case may be, the Scottish Ministers of any of their functions,

(aa) where the estimates, returns or information are in the possession of the Scottish Administration and the Scottish Ministers so direct, to a government department for the purposes of the exercise by the department of any of their functions,

Section 19 Fire Services Act 1947 (c. 41)

(1) The Fire Services Act 1947 is amended as follows.

(2) In section 23 (training centres), after subsection (1) there is inserted–

(1A) The Scottish Ministers may arrange for members of fire brigades to attend such courses at the central training institution.

(3) The function under subsection (1)(a) of section 23 is not transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

Section 20 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42)

(1) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 is amended as follows.

(2) In section 3(4) (power to extinguish certain public rights of way over land acquired), for “appropriate Minister” there is substituted “Scottish Ministers”.

(3) Section 7(2) (interpretation) is omitted.

(4) In Part III of the First Schedule (special provisions as to certain descriptions of land), in paragraph 10 for “appropriate Minister” where the words first appear there is substituted “Scottish Ministers”, for “appropriate Minister is”, in each place where those words appear, there is substituted “Scottish Ministers are” and for “he is” there is substituted “they are”.

Section 21 Crown Proceedings Act 1947 (c. 44)

In section 2(6) of the Crown Proceedings Act 1947 (liability of the Crown in tort), after “Parliament” there is inserted “the Scottish Consolidated Fund”.

Section 22 Public Registers and Records (Scotland) Act 1948 (c. 57)

In section 1 of the Public Registers and Records (Scotland) Act 1948 (substitution of a Keeper of the Registers and a Keeper of the Records for the Keeper of the Registers and Records for Scotland)–

(a) subsections (4) and (5) are omitted; and

(b) in subsection (6) for “Secretary of State” there is substituted “Scottish Ministers”.

Section 23 Juries Act 1949 (c. 27)

(1) The Juries Act 1949 is amended as follows.

(2) In section 24(1) (payments in respect of jury service in Scotland) , “with the consent of the Minister for Civil Service” is omitted.

(3) In sections 26(1) (fee payable by party applying for jury trial in civil cause) and 32(1) (interpretation of Part II), “with the consent of the Treasury” is omitted.

Section 24 Coast Protection Act 1949 (c. 74)

(1) The Coast Protection Act 1949 is amended as follows.

(2) In section 17 (notification to coast protection authority of coast protection work to be carried out by certain authorities) , as it applies to Scotland–

(a) in subsection (3)(b), for “Minister” there is substituted “Scottish Ministers”;

(b) in subsection (4)–

(i) for “Minister and any other Minister being a Minister concerned”, there is substituted “Scottish Ministers”; and

(ii) for “said Ministers”, there is substituted “Scottish Ministers”;

(c) in subsection (5), for “appropriate Minister”, in both places where those words appear, there is substituted “Scottish Ministers”; and

(d) subsections (8) to (10) are omitted.

(3) In section 21(3) (Exchequer grants) , before paragraph (a) there is inserted–

(za) subsection (1) shall have effect as if the words “Subject to such conditions as the Treasury may determine” were omitted;

Section 25 Registered Designs Act 1949 (c. 88)

In section 45 of the Registered Designs Act 1949 (application to Scotland), after subsection (3) there is inserted–

(4) References to the Crown shall be construed as including references to the Crown in right of the Scottish Administration.

Section 26 Civil List Act 1952 (c. 37)

In section 1 of the Civil List Act 1952 (payment of hereditary revenues to the Exchequer)–

(a) at the beginning there is inserted “(1) Subject to subsection (2) below,”; and

(b) at the end there is inserted–

(2) In relation to Scotland, the hereditary revenues of the Crown from bona vacantia , ultimus haeres and treasure trove shall be paid into the Scottish Consolidated Fund.

Section 27 Historic Buildings and Ancient Monuments Act 1953 (c. 49)

In section 2 of the Historic Buildings and Ancient Monuments Act 1953 (Historic Buildings Council for Scotland)–

(a) in subsection (5), after “House of Commons”, in each place where those words appear, there is inserted “or the Scottish Parliament”; and

(b) in subsections (5) and (6) “out of moneys provided by Parliament” and “with the approval of the Treasury” are omitted.

Section 28 Atomic Energy Authority Act 1954 (c. 32)

In section 6(3)(c) of the Atomic Energy Authority Act 1954 (miscellaneous provision as to the Authority), at the end there is added “or a member of staff of the Scottish Administration specially authorised in that behalf by or on behalf of the Scottish Ministers,”.

Section 29 Building (Scotland) Act 1959 (c. 24)

(1) The Building (Scotland) Act 1959 is amended as follows.

(2) For “Secretary of State”, in each place in the Act where those words appear, there is substituted “Scottish Ministers”.

(3) In section 12(3) (Building Standards Advisory Committee), “with the approval of the Minister for the Civil Service” is omitted.

Section 30 Town and Country Planning (Scotland) Act 1959 (c. 70)

In section 54(1) of the Town and Country Planning (Scotland) Act 1959 (interpretation) , in the definition of “grant-aided function”, after “Parliament” there is inserted “or out of money paid out of the Scottish Consolidated Fund”.

Section 31 Highlands and Islands Shipping Services Act 1960 (c. 31)

In section 2 of the Highlands and Islands Shipping Services Act 1960 (advances and charter of ships), after subsection (3) there is inserted–

(4) In the application of subsection (3) to any advance proposed to be made by the Scottish Ministers, the reference to an undertaking being laid in draft before Parliament and approved by the House of Commons shall be a reference to an undertaking being laid in draft before and approved by the Scottish Parliament.

Section 32 Flood Prevention (Scotland) Act 1961 (c. 41)

In section 13(1) of the Flood Prevention (Scotland) Act 1961 (financial provisions), “with the consent of the Treasury”, in each place where those words occur, is omitted.

Section 33 Sea Fish Industry Act 1962 (c. 31)

In section 33(2) of the Sea Fish Industry Act 1962 (interpretation) –

(a) in paragraph (b), “the said Secretary of State” is omitted;

(b) in paragraph (c), the words from “the Secretary” to “Scotland” are omitted; and

(c) at the end there is inserted “and, in relation to Scotland, “the Ministers”, and any reference to one of the Ministers, means the Scottish Ministers”.

Section 34 Harbours Act 1964 (c. 40)

In section 36 of the Harbours Act 1964 (section 31 not to apply to charges at certain harbours), at the end of paragraph (c) there is inserted “or by the Scottish Ministers”.

Section 35 Teaching Council (Scotland) Act 1965 (c. 19)

In section 15 of the Teaching Council (Scotland) Act 1965 (financial provisions)–

(a) in subsection (3) “, with the approval of the Treasury” is omitted; and

(b) subsection (5) is omitted.

Section 36 Law Commissions Act 1965 (c. 22)

(1) The Law Commissions Act 1965 is amended as follows.

(2) In section 2(1), (2) and (3) (the Scottish Law Commission) , for “Lord Advocate”, in each place where those words appear, there is substituted “Scottish Ministers”.

(3) In section 3 (functions of the Commissions)–

(a) in subsection (1)(e), after “Government” there is inserted “of the United Kingdom or the Scottish Administration”; and

(b) after subsection (3), there is inserted–

(3A) Subsections (2) and (3) of this section shall have effect in relation to the Scottish Law Commission with the substitution of “the Scottish Parliament” for “Parliament”.

(4) In section 4 (remuneration and pensions of Commissioners)–

(a) in subsection (1), “and the Scottish Law Commission” and “or the Lord Advocate, as the case may be” are omitted;

(b) after subsection (1) there is inserted–

(1A) There shall be paid to the Commissioners of the Scottish Law Commission, other than a Commissioner who holds high judicial office, such salaries or remuneration as may be determined by the Scottish Ministers.

(c) in subsection (3), for “the Lord Chancellor or the Lord Advocate, as the case may be, shall lay before each House of Parliament”, there is substituted–

(a) in the case of the Law Commission, the Lord Chancellor shall lay before each House of Parliament; and

(b) in the case of the Scottish Law Commission, the Scottish Ministers shall lay before the Scottish Parliament,

(d) in subsection (4), there is inserted at the beginning–

In the case of the Law Commission,

(e) after subsection (4) there is inserted–

(5) In the case of the Scottish Law Commission, the salaries or remuneration of the Commissioners, and any sums payable to or in respect of the Commissioners under subsection (2) of this section, shall be paid by the Scottish Ministers.

(5) In section 5 (staff and expenses)–

(a) in subsection (1) “and the Lord Advocate may appoint such officers and servants of the Scottish Law Commission” is omitted;

(b) after subsection (1) there is inserted–

(1A) The Scottish Ministers may appoint such officers and servants of the Scottish Law Commission as they may determine.

(c) in subsection (4), “and the Scottish Law Commission” is omitted; and

(d) after subsection (4) there is inserted–

(5) The expenses of the Scottish Law Commission, including the remuneration of its officers and servants appointed under this section, shall be paid by the Scottish Ministers.

(6) In section 6(2) (supplemental), for “and the Lord Advocate”, there is substituted “the Scottish Ministers”.

Section 37 Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49)

(1) The Registration of Births, Deaths and Marriages (Scotland) Act 1965 is amended as follows.

(2) In section 2(1) (Registrar General’s staff) “, subject to the consent of the Minister for the Civil Service as to number” is omitted.

(3) In section 3(3) (General Register Office), for “Secretary of State” there is substituted “Scottish Ministers”.

(4) Section 4 (salaries, receipts and expenses) is omitted.

Section 38 Nuclear Installations Act 1965 (c. 57)

(1) The Nuclear Installations Act 1965 is amended as follows.

(2) In section 16(3)(ii) (satisfaction of claims by virtue of sections 7 to 10), at the end there is inserted “or where the government department concerned is a part of the Scottish Administration the Scottish Ministers”.

(3) In section 21(4)(c) (supplementary provisions with respect to cover for compensation in respect of carriage), at the end there is inserted “or in relation to any part of the Scottish Administration the Scottish Ministers”.

(4) In section 24(3) (recovery by Secretary of State of expenses incurred in connection with the enforcement and execution of the Act) , at the end there is inserted “and except that in so far as sums so repaid relate to expenses incurred by the Scottish Administration they shall be paid to the Scottish Ministers.”.

(5) In paragraph 3(2)(d) of Schedule 1 (security provisions applicable by order under section 2), at the end there is inserted “or a member of the staff of the Scottish Administration specially authorised in that behalf by or on behalf of the Scottish Ministers”.

Section 39 Parliamentary Commissioner Act 1967 (c. 13)

(1) The Parliamentary Commissioner Act 1967 is amended as follows.

(2) In section 4 (departments etc. subject to investigation) , for subsection (3B) there is substituted–

(3B) No entry shall be made in respect of–

(a) the Scottish Administration of any part of it;

(b) any Scottish public authority with mixed functions or no reserved functions within the meaning of the Scotland Act 1998; or

(c) the Scottish Parliamentary Corporate Body.

(3) In section 5 (matters subject to investigation)–

(a) after subsection (5) there is inserted–

(5A) For the purposes of this section, administrative functions of a government department to which this Act applies include functions exercised by the department on behalf of the Scottish Ministers by virtue of section 93 of the Scotland Act 1998.

(5B) The Commissioner shall not conduct an investigation under this Act in respect of any action concerning Scotland and not relating to reserved matters which is taken by or on behalf of a cross-border public authority within the meaning of the Scotland Act 1998.

(b) after subsection (9) there is inserted–

(9A) No entry shall be made in the said Schedule 4 in respect of the holder of any office in the Scottish Administration which is not a ministerial office or in respect of any Scottish public authority with mixed functions or no reserved functions within the meaning of the Scotland Act 1998.

(4) For section 6(1)(b) (provisions relating to complaints), there is substituted–

(b) any other authority or body within subsection (1A) below.

(1A) An authority or body is within this subsection if–

(a) its members are appointed by–

(i) Her Majesty;

(ii) any Minister of the Crown;

(iii) any government department;

(iv) the Scottish Ministers;

(v) the First Minister; or

(vi) the Lord Advocate, or

(b) its revenues consist wholly or mainly of–

(i) money provided by Parliament; or

(ii) sums payable out of the Scottish Consolidated Fund (directly or indirectly).

(5) In Schedule 2 (departments etc. subject to investigation by Parliamentary Commissioner) –

(a) the following entries are omitted–

the entries relating to–

the Accounts Commission for Scotland ,

the Scottish Arts Council ,

the Crofters Commission,

the Deer Commission for Scotland ,

the General Teaching Council for Scotland ,

the Local Government Boundary Commission for Scotland ,

the National Galleries of Scotland ,

the National Library of Scotland ,

the National Museums of Scotland ,

the Parole Board for Scotland ,

the Department of the Registers of Scotland,

General Register Office, Scotland,

the Royal Botanic Garden, Edinburgh ,

the Royal Commission on the Ancient and Historical Monuments of Scotland ,

the Scottish Agricultural Wages Board ,

the Scottish Children’s Reporter Administration ,

the Scottish Community Education Council ,

the Scottish Consultative Council on the Curriculum ,

the Scottish Council for Educational Technology ,

Scottish Courts Administration,

the Scottish Environment Protection Agency ,

the Scottish Further Education Funding Council ,

the Scottish Further Education Unit ,

the Scottish Higher Education Funding Council ,

Scottish Homes ,

the Scottish Legal Aid Board ,

the Scottish Medical Practices Committee,

Scottish Natural Heritage ,

the Scottish Office,

the Scottish Record Office,

the Scottish Qualifications Authority ,

Scottish Screen Limited ,

the Scottish Sports Council,

the Scottish Studentship Selection Committee ,

the Scottish Tourist Board,

the Scottish Water and Sewerage Customers' Council ; and

(b) the following entry shall be inserted at the appropriate place–

Office of the Secretary of State for Scotland

(6) In Schedule 4 (relevant tribunals for purposes of section 5(7)) , the following entries are omitted–

the entries relating to–

the Court of the Lord Lyon,

the Dairy Produce Quota Tribunal for Scotland,

the Independent Schools Tribunals for Scotland,

the Lands Tribunal for Scotland,

Rent Assessment Committees for Scotland,

the Scottish Land Court,

and, at the end of the entry relating to the Meat Hygiene Appeals Tribunal there is inserted the words “other than a Tribunal any of whose members was appointed by the Secretary of State for Scotland or by the Scottish Ministers”.

Section 40 Slaughter of Poultry Act 1967 (c. 24)

In section 3A of the Slaughter of Poultry Act 1967 (codes of practice) , after subsection (7) there is inserted–

(8) In relation to the exercise by the Scottish Ministers of functions under this section–

(a) references to Parliament or to either or both Houses of Parliament shall be read as if they were references to the Scottish Parliament;

(b) subsection (4)(a) shall cease to have effect; and

(c) in subsection (4)(b) the reference to any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days shall be read as if it were a reference to any time during which the Scottish Parliament is dissolved or is in recess for more than four days.

Section 41 Police (Scotland) Act 1967 (c. 77)

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

(2) In section 32 (police grant) –

(a) in subsection (3), for “Secretary of State shall with the approval of the Treasury” there is substituted “Scottish Ministers shall”; and

(b) in subsection (5), for “Secretary of State may with the approval of the Treasury”, there is substituted “Scottish Ministers may”.

(3) In section 33 (inspectors of constabulary)–

(a) in subsection (1), for “Secretary of State with the consent of the Treasury”, there is substituted “Scottish Ministers”;

(b) in subsection (2), for the word “Treasury” there is substituted “Scottish Ministers”; and

(c) in subsection (4), for “Secretary of State” in each place where the words appear, there is substituted “Scottish Ministers”.

(4) In section 34 (assistant inspectors and staff officers), in subsection (2) for “Secretary of State may, with the consent of the Treasury,” there is substituted “Scottish Ministers may”.

Section 42 Sea Fisheries (Shellfish) Act 1967 (c. 83)

(1) The Sea Fisheries (Shellfish) Act 1967 is amended as follows.

(2) In section 1 (power to make orders as to fisheries for shellfish) –

(a) in subsection (1), for “Great Britain” there is substituted “England and Wales”;

(b) after subsection (1) there is inserted–

(1A) Subsection (1) above has effect in relation to Scotland, with the modification that for “waters adjacent to England and Wales to” there is substituted “that part of the Scottish zone within”.

(3) In section 6 (report to Parliament), at the end there is inserted “or, in the case of a report in relation to Scotland, before the Scottish Parliament”.

(4) In section 8 (proof of certain matters), after “department” there is inserted “or, as regards Scotland, signed by a member of the staff of the Scottish Administration”.

(5) In section 9 (grants and loans for restoration of fisheries), after subsection (1) there is inserted–

(1A) Subsection (1) above has effect in relation to Scotland with the modification that the words “with the approval of the Treasury” are omitted.

(6) In section 12 (power to prohibit deposit of shellfish)–

(a) in subsection (2)(a), for “Great Britain” there is substituted “England and Wales”; and

(b) after subsection (2) there is inserted–

(2A) Subsection (2) above has effect in relation to Scotland with the modification that in paragraph (a) for “adjacent to England and Wales” there is substituted “within the Scottish zone”.

(7) In section 13 (power to prohibit importation of shellfish in certain cases) –

(a) in subsection (4), for “Great Britain” there is substituted “England and Wales”; and

(b) after subsection (4) there is inserted–

(5) This section has effect in relation to Scotland with the modification that in subsection (4) for “England and Wales” there is substituted “Scotland”.

(8) In section 17 (taking and sale of certain crabs and lobsters prohibited) –

(a) in subsection (3), for “Great Britain” there is substituted “England and Wales”; and

(b) after subsection (3) there is inserted–

(3A) Subsection (3) of this section has effect in relation to Scotland, with the modifications that–

(a) for “Minister and the Secretary of State for Scotland and the Secretary of State for Wales” there is substituted “Scottish Ministers”; and

(b) for “England and Wales” there is substituted “Scotland”.

(9) In section 20 (orders and regulations)–

(a) in subsection (2), at the end there is inserted “or, in the case of an order in relation to Scotland, the Scottish Parliament”; and

(b) in subsection (3), at the end there is inserted “or, in the case of an order in relation to Scotland, the Scottish Parliament”.

(10) In section 22 (interpretation)–

(a) in subsection (1), for “Secretary of State” there is substituted “Scottish Ministers”; and

(b) in subsection (2), there is inserted in the appropriate place–

“the Scottish zone” has the same meaning as in the Scotland Act 1998.

Section 43 Sea Fish (Conservation) Act 1967 (c. 84)

(1) The Sea Fish (Conservation) Act 1967 is amended as follows.

(2) In that Act–

(a) for “Great Britain”, in each place where it appears, there is substituted “England and Wales”; and

(b) before “British fishery limits”, “British fishing boat” or “British fishing boats”, in each place where it appears, there is inserted “relevant”.

(3) In section 1 (size limits, etc. for fish) –

(a) in subsection (3), after “by any” there is inserted “Scottish or”;

(b) in subsection (8), after “relevant British fishing boat” there is inserted “or a Scottish fishing boat”; and

(c) in subsection (9) –

(i) in the definition of “relevant British fishing boat”, after “a fishing boat” there is inserted “which is not a Scottish fishing boat and”; and

(ii) in the definition of “foreign fishing boat”, after “relevant British fishing boat” there is inserted “or a Scottish fishing boat”.

(4) In section 3(2) (regulation of nets and other fishing gear), after “by” there is inserted “Scottish fishing boats or”.

(5) In section 4 (licensing of fishing boats) –

(a) in subsection (1)(a) for “(whether British or foreign)” there is substituted “(whether relevant British fishing boats, Scottish fishing boats or foreign fishing boats)”.

(b) in subsection (12)–

(i) in the definition of “relevant British fishing boat”, after “a fishing boat” there is inserted “which is not a Scottish fishing boat and”; and

(ii) in the definition of “foreign fishing boat” after “owned” there is inserted “and which is not a Scottish fishing boat”.

(6) In section 6 (prohibition of landing of sea fish caught in certain areas) –

(a) in subsection (1), for “the United Kingdom” there is substituted “England and Wales and Northern Ireland”; and

(b) in subsection (4), the words “Secretary of State for Scotland or” are omitted and after “Ireland” there is inserted “or of a member of the staff of the Scottish Administration”.

(7) In section 7 (declarations for purposes of section 6 orders) for “the United Kingdom”, in each place where it appears, there is substituted “England and Wales or Northern Ireland”.

(8) In section 8 (regulation of landing of foreign-caught sea fish)–

(a) for “the United Kingdom”, in each place where it appears (apart from subsection (1)(a) and the second and third references to that term in subsection (4)), there is substituted “England and Wales and Northern Ireland”, and

(b) in subsection (1)(a), after “relevant British fishing boats” there is inserted “or Scottish fishing boats”.

(9) In section 17 (enforcement of orders under section 3) after “relevant British fishing boat” there is inserted “or Scottish fishing boat”.

(10) In section 18 (enforcement of orders in relation to salmon and migratory trout) , in subsection (2) for “Secretary of State” there is substituted “Scottish Ministers”.

(11) In section 22(1) (interpretation) there is inserted in the appropriate places–

“relevant British fishing boat” means a British fishing boat which is not a Scottish fishing boat;

“relevant British fishery limits” means British fishery limits so far as they do not relate to the Scottish zone;

“the Scottish zone” has the same meaning as in the Scotland Act 1998;

“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;

(12) In section 22(2) , in the definition of “the appropriate Minister”, the words from “and, in relation to Scotland” to “Scotland” are omitted.

(13) After section 22 there is inserted—

Application to Scotland

(22A)

(1) This Act has effect in relation to Scotland with the following modifications (and any other necessary modifications).

(2) Except in sections 17 and 22–

(a) for “England and Wales”, “England and Wales and Northern Ireland” or “England and Wales or Northern Ireland” there is substituted “Scotland”;

(b) for “relevant British fishing boat” or “relevant British fishing boats” there is substituted “Scottish fishing boat” or “Scottish fishing boats”;

(c) for “Scottish fishing boat” or “Scottish fishing boats” there is substituted “relevant British fishing boat” or “relevant British fishing boats”; and

(d) for “relevant British fishery limits” there is substituted “the Scottish zone”.

(3) In sections 4 and 4A any reference to one of the Ministers or any reference (however expressed) to the Minister who grants or has granted the licence shall be construed as a reference to the Scottish Ministers.

(4) In sections 4(4) and 4A(4) the words from “if made” to “subsection” are omitted.

(5) In section 4B(4) for “either House of Parliament” there is substituted “the Scottish Parliament”.

(6) In section 5(8)–

(a) paragraph (b) is omitted; and

(b) for “those limits” there is substituted “that zone”.

(7) In section 6(1) and (1A), the words “after consultation with the Secretary of State for Trade” are omitted.

(8) In section 8–

(a) for “Secretary of State for Trade”, wherever it occurs, there is substituted “Scottish Ministers”; and

(b) the words “after consultation with the Ministers”, wherever they appear, are omitted.

(9) In section 9(1) to (4), for “one of the Ministers”, wherever those words appear, there is substituted “Scottish Ministers”.

(10) In section 15(3)–

(a) the words “and any British owned fishing boat (not so registered)” are omitted; and

(b) for “those limits” there is substituted “that zone”.

(11) In section 20–

(a) any reference to the laying of a statutory instrument before Parliament shall be construed as a reference to the laying of the instrument before the Scottish Parliament;

(b) any reference to the approval or annulment of an instrument by resolution of each or either House of Parliament shall be construed as a reference to approval of the instrument by resolution of the Scottish Parliament; and

(c) in subsection (4) the words “or prorogued” are omitted.

(12) In section 22(2)–

(a) in the definition of “the appropriate Minister”, for “England” to the end there is substituted “Scotland means the Scottish Ministers”; and

(b) except in relation to section 4AA, in the definition of “the Ministers”, for paragraphs (a) to (c) there is substituted “means the Scottish Ministers”.

(13) In subsection (3), at the end there is inserted “; but this subsection shall not apply to Scotland”.

Section 44 Countryside (Scotland) Act 1967 (c. 86)

In section 38(6) of the Countryside (Scotland) Act 1967 (supplementary provisions as to creation, closure and diversion of public paths) , for the words from “appropriate Minister” to the end there is substituted “Scottish Ministers”.

Section 45 Erskine Bridge Tolls Act 1968 (c. 4)

(1) The Erskine Bridge Tolls Act 1968 is amended as follows.

(2) In section 16(1) (financial provisions), for “received by that person on behalf of the Secretary of State” there is substituted “sums received by the Scottish Ministers” and the words from “and all such sums” to the end are omitted.

(3) In section 17(1) (annual accounts), the words from “in such form” to the end are omitted.