The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005

• Citation: S.I. 2005/849
• Sections: 6

Section 1 Citation and commencement

This Order may be cited as the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 and shall come into force on the day after the day on which it is made.

Section 2 Transfer of functions to the Scottish Ministers

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

(a) so far as they are exercisable by that Minister 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

(1) Subject to the restriction specified in paragraph (2) below, the functions conferred on a Minister of the Crown by section 2(2) of the European Communities Act 1972 and the European Communities (Designation) ( No. 4) Order 2003 shall, so far as they are exercisable by him in or as regards Scotland, be exercisable by the Scottish Ministers concurrently with the Minister of the Crown.

(2) The functions referred to in paragraph (1) above are so exercisable only so far as they are exercisable in relation to food (including drink) including the primary production of food.

Section 4 Modifications of enactments

(1) In section 22C of the Road Traffic Regulation Act 1984 (terrorism) , subsection (7) is repealed.

(2) In section 39BA of the Roads (Scotland) Act 1984 (prescribing of works for anti terrorism purposes) –

(a) subsections (1) and (2) are repealed; and

(b) in subsection (3), for “by virtue of subsection (2) above,” substitute “for the purpose of, or in connection with, avoiding or reducing, or reducing the likelihood of, danger connected with terrorism within the meaning of section 1 of the Terrorism Act 2000 ,”.

Section 5 General modifications of enactments

(1) Sections 117 and 118 of the Scotland Act 1998 shall apply in relation to the exercise of functions by the Scottish Ministers by virtue of article 2 or 3 of this Order as they apply in relation to the exercise of functions by the Scottish Ministers within devolved competence.

(2) 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.

Section 6 Transitional and saving provisions

(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.