The Scotland Act 1998 (Modifications of Schedule 5) Order 2004

• Citation: S.I. 2004/3329
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Scotland Act 1998 (Modifications of Schedule 5) Order 2004 and shall come into force on the day after the day on which it is made.

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

Section 2 Elections

In Part 2 of Schedule 5 to the Act (reserved matters: specific reservations), at the end of Section B3 add–

Interpretation

Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of the European Parliamentary Elections Act 2002 ; and the reference to the subject-matter of that Act is to be construed as a reference to it as at the date that Act received Royal Assent.

Section 3 Research Councils

In Part 2 of Schedule 5 to the Act, at the end of Section C12 add–

The Arts and Humanities Research Council within the meaning of Part 1 of the Higher Education Act 2004 .

The subject-matter of section 10 of that Act (research in arts and humanities) so far as relating to that Council.

Interpretation

Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of section 10 of the Higher Education Act 2004; and the reference to the subject-matter of that section is to be construed as a reference to it as at the date that Act received Royal Assent.

Section 4 Rail transport

In Part 2 of Schedule 5 to the Act, in Section E2 –

(a) in the third exception, for the words from “Scottish” to “relating to transport” substitute “relevant authorities”; and

(b) after the definition of “railway services” add–

“relevant authority” means–

the Scottish Ministers; or

any Scottish public authority (not being a cross-border public authority or an authority exercising functions solely in relation to a reserved matter) which is set up wholly or mainly to exercise functions relating to transport.