The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2001

• Citation: S.I. 2001/954
• Sections: 3

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 2001 and shall come into force on the day after the day on which it is made.

(2) In this Order–

“franchise agreement” has the same meaning as in Part IV of the Transport Act 2000 ; and

“the 1998 Act ” means the Scotland Act 1998.

(3) In this Order, any word or expression used in referring to any enactment and which is also used in the enactment has the same meaning as it has in the enactment.

Section 2 Function shared by the Scottish Ministers and a Minister of the Crown

The function which is conferred on a Minister of the Crown by the enactment specified in column 1 of the Schedule to this Order shall —

(a) so far as it is exercisable by that Minister in or as regards Scotland; and

(b) subject to the restrictions in column 2 of the Schedule,

be exercisable by the Scottish Ministers concurrently with the Minister of the Crown.

Section 3 General modifications of enactments etc.

(1) Section 117 of the 1998 Act shall apply in relation to the exercise of the function by the Scottish Ministers by virtue of article 2 of this Order as it applies in relation to the exercise of functions by the Scottish Ministers within devolved competence.

(2) Section 119 of the 1998 Act shall apply in relation to the function exercisable by the Scottish Ministers by virtue of that article as it applies in relation to functions of the Scottish Ministers exercisable within devolved competence.

(3) In the application of those sections by virtue of this article, any reference in them to a pre-commencement enactment is to be read as if it were a reference to any enactment.