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Scotland Act 2016

Type Public General Act

Publication 2016-03-23

Last updated 2024-04-01

State In force

Department Statute Law Database

Source legislation.gov.uk

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Reform history JSON API

(8) In the table in section 154(3) (power to impose specific duties: cross-border authorities) in the second column for the words “The Scottish Ministers must consult a Minister of the Crown before” in both places substitute “ The Scottish Ministers must inform a Minister of the Crown after ”.

Public sector duty regarding socio-economic inequalities

38

(1) Part 1 of the Equality Act 2010 (socio-economic inequalities) is amended as follows.

(2) Section 1 (public sector duty) is amended as follows.

(3) In subsection (2) for “by a Minister of the Crown” substitute “ in accordance with subsection (2A) ”.

(4) After subsection (2) insert—

(2A) The guidance to be taken into account under subsection (2) is— (a) in the case of a duty imposed on an authority in relation to devolved Scottish functions, guidance issued by the Scottish Ministers; (b) in any other case, guidance issued by a Minister of the Crown.

(5) Section 2 (power to amend section 1) is amended as follows.

(6) In subsections (7) and (9) omit “the Scottish Ministers or”.

(7) In subsection (10) for “the Ministers” substitute “ the Welsh Ministers ”.

(8) In subsection (11) for “section” substitute “ Part ”.

(9) In section 216 of that Act (commencement) at the beginning of subsection (3) insert “ Subject to subsection (4), ” and after that subsection insert—

(4) The following provisions of Part 1 (socio-economic inequalities) come into force on such day as the Scottish Ministers may by order appoint— (a) section 1, so far as it applies to a relevant authority as defined by section 2(5); (b) section 2, so far as it confers a power on the Scottish Ministers; (c) section 3, for the purposes of section 1 to the extent mentioned in paragraph (a). (5) The following do not apply to an order under subsection (4)— (a) section 207(2) (see instead section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010: powers exercisable by Scottish statutory instrument), and (b) section 210.

(10) In the Interpretation and Legislative Reform (Scotland) Act 2010, in section 30(4) (other instruments laid before the Parliament: exceptions) after paragraph (i) insert—

(j) section 216(4) of the Equality Act 2010 (c.15).

Tribunals

39

(1) In Part 3 of Schedule 5 to the Scotland Act 1998 (reserved matters: general provisions) after paragraph 2 insert—

(2A) (1) This Schedule does not reserve the transfer to a Scottish tribunal of functions of a tribunal that relate to reserved matters, so far as those functions are exercisable in relation to Scottish cases. (2) “Scottish cases” has the meaning given by an Order in Council made by Her Majesty under this sub-paragraph. (3) Sub-paragraph (1) does not apply where a function is excluded from transfer. (4) Where a function is not excluded from transfer but is subject to qualified transfer, sub-paragraph (1) applies only if the transfer of the function is in accordance with provision made by Her Majesty by Order in Council. (5) An Order in Council under sub-paragraph (4)— (a) must specify the function to which it relates, (b) must specify the Scottish tribunal to which the function may be transferred, and (c) may make any other provision which Her Majesty considers necessary or expedient for the purposes of or in consequence of the transfer of the function and its exercise by the Scottish tribunal. (6) The functions that are subject to qualified transfer are the functions of the following tribunals— (a) the First-tier Tribunal or the Upper Tribunal that are established under section 3 of the Tribunals, Courts and Enforcement Act 2007; (b) an employment tribunal or the Employment Appeal Tribunal; (c) a tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992; (d) a tribunal listed in Schedule 6 to the Tribunals, Courts and Enforcement Act 2007. (7) Sub-paragraph (6)(c) and (d) include a tribunal added to the Schedule concerned after this paragraph comes into force. (8) Provision made by virtue of sub-paragraph (5)(c) may— (a) include provision that— (i) modifies the function; (ii) imposes conditions or restrictions (including conditions or restrictions relating to the composition or rules of procedure of the Scottish tribunal, or to its staff or accommodation); (b) be made with a view to purposes including— (i) securing consistency in any respect in practice or procedure or otherwise between the Scottish tribunal and other tribunals; (ii) promoting judicial co-operation in the interests of consistency. (9) Sub-paragraph (8) does not limit the provision that may be made by virtue of sub-paragraph (5)(c). (10) The following functions are excluded from transfer— (a) functions of a national security tribunal; (b) functions of a regulator, or of a person or body that exercises functions on behalf of a regulator; (c) functions of the Comptroller-General of Patents, Designs and Trade Marks. (11) In this paragraph— - a “national security tribunal” means— 1. the Pathogens Access Appeal Commission; 2. the Proscribed Organisations Appeal Commission; 3. the Special Immigration Appeals Commission; 4. the tribunal established by section 65(1) of the Regulation of Investigatory Powers Act 2000 (investigatory powers tribunal); 5. any other tribunal that has functions relating to matters falling within Section B8 of Part 2 of this Schedule, except a tribunal mentioned in sub-paragraph (6); - a “regulator” means a person or body that has regulatory functions (within the meaning given by section 32 of the Legislative and Regulatory Reform Act 2006); - a “Scottish tribunal” means a tribunal in Scotland— 1. that does not have functions in or as regards any other country or territory, except for purposes ancillary to its functions in or as regards Scotland, and 2. that is not, and does not have as a member, a member of the Scottish Government. (12) The powers conferred by this paragraph do not affect the powers conferred by section 30 or section 113.

(2) In paragraph 1(2) of Schedule 7 to that Act (procedure for subordinate legislation) at the appropriate place insert—

Schedule 5, Part 3, paragraph 2A	Type A

(3) Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals to which the Act applies) is amended as follows.

(4) Before paragraph 9A insert—

Company names	9ZA. Company names adjudicators appointed under section 70(1) of the Companies Act 2006.

(5) In paragraph 34 (patents, designs and trademarks)—

(a) the words from “the Comptroller-General” to the end become sub-paragraph (a), and

(b) after that sub-paragraph insert—

(b) a person appointed under section 27A(1)(a) of the Registered Designs Act 1949; (c) a person appointed under section 77(1) of the Trade Marks Act 1994

(6) In section 7(2) of the Tribunals and Inquiries Act 1992 (tribunals in relation to which section 7 does not apply) after “3,” insert “ 9ZA, ”.

(7) In section 14(1)(a) of that Act (restricted application of Act in relation to certain tribunals) after “paragraph” insert “ 9ZA, ”.

Roads

40

(1) In Part 2 of Schedule 5 to the Scotland Act 1998, Section E1 (specific reservations: road transport) is amended as follows.

(2) In the reservation relating to the subject-matter of certain enactments, for paragraph (c) (reservation of subject-matter of section 17 and other provisions of the Road Traffic Regulation Act 1984) substitute—

(c) section 17 of the Road Traffic Regulation Act 1984 (traffic regulation on special roads) except so far as relating to the speed of vehicles on special roads, and section 87 of that Act (exemption of emergency vehicles from speed limits) so far as relating to the training of drivers of vehicles,

(3) In paragraph (d) of that reservation, after “the Road Traffic Act 1988” insert “ , except so far as relating to the parking of vehicles on roads, ”.

(4) In the first exception relating to the Road Traffic Act 1988, after “sections” insert “ 36 (offence of failing to comply with traffic sign), ”.

(5) At the end insert—

Interpretation The reference to the subject-matter of section 87 of the Road Traffic Regulation Act 1984 is to be construed as a reference to it as substituted by section 19 of the Road Safety Act 2006 as at the date when section 40 of the Scotland Act 2016 comes into force, treating section 19 and any amendment affecting it at that date as if they were in force (and, accordingly, paragraph 5(1) of Part 3 of this Schedule does not apply to that reference).

Roads: traffic signs etc

41

(1) The Road Traffic Regulation Act 1984 is amended as follows.

(2) In section 25(1) (Secretary of State to make pedestrian crossing regulations) for “Secretary of State” substitute “ national authority ”.

(3) In section 64 (general provisions as to traffic signs)—

(a) in subsections (1) and (2) for “Secretary of State” substitute “ national authority ”,

(b) in subsection (1) for “Ministers acting jointly” substitute “ national authority ”,

(d) omit subsections (7) and (8).

(4) Section 65 (powers of traffic authorities as to placing of traffic signs) is amended as follows.

(5) In subsection (1) omit “as may be given by the Ministers acting jointly”.

(6) In subsections (1), (2), (3A)(ii) and (4) for “Secretary of State” substitute “ national authority ”.

(7) In subsection (3) after “power” insert “ of the Secretary of State ”.

(8) After that subsection insert—

(3ZA) The power of the Scottish Ministers to give general directions under subsection (1) is to be exercisable by Scottish statutory instrument. (3ZB) Before giving a general direction under subsection (1) the Secretary of State must consult with the Scottish Ministers. (3ZC) Before giving a general direction under subsection (1) the Scottish Ministers must consult with the Secretary of State.

(9) In subsection (3A)(ii) after “prescribed” insert “ in regulations made by the national authority ”.

(10) In section 69(3) (Secretary of State's directions for removal of traffic signs) for “Secretary of State” substitute “ national authority ”.

(11) In section 70(1) (default powers of Secretary of State as to traffic signs)—

(a) for “Secretary of State” substitute “ national authority ”,

(b) omit “himself”,

(d) for “him”, in the second place, substitute “ the national authority ”, and

(e) after “the authority” insert “ that failed to comply with the direction ”.

(12) In section 71(1) (power to enter land in connection with traffic signs) for “Secretary of State” substitute “ national authority ”.

(13) In section 77 (modification of provisions relating to directions where Secretary of State is the traffic authority) for “Secretary of State”, in both places, substitute “ national authority ”.

(14) Section 79 (advances by Secretary of State towards expenses of traffic signs) is amended as follows.

(15) In subsection (1), for the words from “Secretary of State” to “Parliament,” substitute “ national authority may ”.

(16) After subsection (1) insert—

(1A) An advance by the Secretary of State under this section is to be made out of moneys provided by Parliament.

(17) In subsections (3) and (5) for “Secretary of State” substitute “ national authority ”.

(18) In section 142(1) (general interpretation) at the appropriate place insert—

“national authority”— (a) in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers; (b) otherwise, means the Secretary of State;

(19) The Road Traffic Act 1988 is amended as follows.

(20) Section 36 (offence of failing to comply with traffic sign) is amended as follows.

(21) In subsections (1)(b) and (3)(a) for “Secretary of State” substitute “ national authority ”.

(22) In subsection (5) for the words from “Secretary of State for the Environment” to “jointly” substitute “ national authority ”.

(23) After subsection (5) insert—

(6) Before making regulations under subsection (5) the Secretary of State must consult with the Scottish Ministers. (7) Before making regulations under subsection (5) the Scottish Ministers must consult with the Secretary of State. (8) In this section “national authority” has the meaning given by section 142(1) of the Road Traffic Regulation Act 1984.

Roads: speed limits

42

(1) The Road Traffic Regulation Act 1984 is amended as follows.

(2) Section 81 (speed limit for restricted roads) is amended as follows.

(3) In subsection (2)—

(a) for “Ministers acting jointly” substitute “ national authority ”, and

(b) omit the words from “made” to “Parliament”.

(4) After that subsection insert—

(3) An order under subsection (2)— (a) if made by the Secretary of State, is to be made by statutory instrument and approved by a resolution of each House of Parliament; (b) if made by the Scottish Ministers, is subject to the affirmative procedure. (4) Before making an order under subsection (2) the Secretary of State must consult with the Scottish Ministers. (5) Before making an order under subsection (2) the Scottish Ministers must consult with the Secretary of State.

(5) In section 82 (what roads are restricted roads)—

(a) in subsection (1)(b) for “Secretary of State” substitute “ Scottish Ministers ”, and

(b) in subsection (3) for “prescribed manner” substitute “ manner prescribed in regulations made by the national authority ”.

(6) Section 83 (provisions as to directions by a traffic authority under section 82(2)) is amended as follows.

(7) In subsection (1)—

(a) for “Secretary of State”, in both places, substitute “ national authority ”, and

(b) for “his” substitute “the national authority's”.

(8) Section 84 (speed limits on roads other than restricted roads) is amended as follows.

(9) In subsections (1A) and (1B) for “Secretary of State” substitute “ national authority ”.

(10) Section 85 (traffic signs for indicating speed restrictions) is amended as follows.

(11) In the following places, for “Secretary of State” substitute “ national authority ”

(a) subsection (1),

(b) subsection (2)(a) and (b),

(d) subsection (5A).

(12) In subsection (1) for “he” substitute “ the national authority ”.

(13) In subsection (3)—

(a) omit “himself”,

(b) omit “by him” in the first place, and

(14) In subsection (5A) omit the words from “or, where” to “officer of the Scottish Ministers”.

(15) In subsection (7) after “power” insert “ of the Secretary of State ”.

(16) After subsection (7) insert—

(8) The power of the Scottish Ministers to give general directions under subsection (2) is to be exercisable by Scottish statutory instrument. (9) Before giving any general directions under subsection (2) the Secretary of State must consult with the Scottish Ministers. (10) Before giving any general directions under subsection (2) the Scottish Ministers must consult with the Secretary of State.

(17) In section 87 (exemption of emergency vehicles from speed limits) (as amended by section 19 of the Road Safety Act 2006)—

(a) in paragraph (b) of subsection (1) for “prescribed purposes” substitute “ purposes prescribed by regulations made by the national authority ”,

(b) in that paragraph after “may be” insert “ so ”,

(d) in subsection (4) for “The regulations”, in the first place, substitute “ Regulations under subsection (3) ”,

(e) in subsection (5) for “The regulations”, in the first place, substitute “ Regulations under subsection (3) ”, and

(f) in subsection (6) for “The regulations” substitute “ Regulations under subsection (3) ”.

Roads: parking

43

(1) The Road Traffic Act 1988 is amended as follows.

(2) Section 20 (parking on verges etc: definition of “heavy commercial vehicle”) is amended as follows.

(3) In subsection (5) for “Secretary of State” substitute “ national authority ”.

(4) At the end add—

(8) In subsection (5) “national authority”— (a) in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers; (b) otherwise, means the Secretary of State. (9) Before making any regulations under subsection (5) in relation to vehicles used on roads in Scotland, the Secretary of State must consult the Scottish Ministers.

(5) Section 41 (regulation of construction, weight, equipment and use of vehicles) is amended as follows.

(6) In subsection (1) for “Secretary of State” substitute “ national authority ”.

(7) After subsection (2) insert—

(2A) In subsection (1) “national authority”— (a) in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers; (b) otherwise, means the Secretary of State. (2B) Before making any regulations under this section in relation to the parking of vehicles on roads in Scotland, the Secretary of State must consult the Scottish Ministers.

Roads: consequential provision etc

44

(1) Schedule 2 (roads: consequential and related provision) has effect.

(2) The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) has effect in relation to the Road Traffic Regulation Act 1984 and the Road Traffic Act 1988 as if the amendments of those Acts by sections 41 and 42(1) to (16) and Schedule 2 were in force immediately before the commencement of the Order.

Policing of railways and railway property

45

(1) In Part 2 of Schedule 5 to the Scotland Act 1998, Section E2 (specific reservations: rail transport) is amended as follows.

(2) Under the heading “Exceptions”, after the exception relating to the promotion and construction of railways insert— “ Policing of railways and railway property. ”

(3) Under the heading “Interpretation”, after the definition of “railway” insert—

“Railway property” has the meaning given by section 75(3) of the Railways and Transport Safety Act 2003.

British Transport Police: cross-border public authorities

46

(1) The following are cross-border public authorities for the purposes of the Scotland Act 1998 (“the 1998 Act”)—

(a) the British Transport Police Authority;

(b) the Chief Constable of the British Transport Police Force;

(d) the assistant Chief Constables of the British Transport Police Force.

(2) In relation to those cross-border public authorities the reference in section 88(3) of the 1998 Act to a pre-commencement enactment is to be read as a reference to the Railways and Transport Safety Act 2003.

(3) Except as provided by subsection (2), the 1998 Act applies in relation to the cross-border public authorities mentioned in subsection (1) in the same way as it applies in relation to cross-border public authorities specified in an Order in Council under section 88(5) of the 1998 Act.

Onshore petroleum

47

(1) Section D2 in Part 2 of Schedule 5 to the Scotland Act 1998 (oil and gas) is amended as follows.

(2) In the Exceptions, before “The manufacture of gas.” insert—

The granting and regulation of licences to search and bore for and get petroleum that, at the time of the grant of the licence, is within the Scottish onshore area, except for any consideration payable for such licences. Access to land for the purpose of searching or boring for or getting petroleum under such a licence.

(3) After the Exceptions insert—

Interpretation The Scottish onshore area is the area of Scotland that is within the baselines established by any Order in Council under section 1(1)(b) of the Territorial Sea Act 1987 (extension of territorial sea). “Petroleum” means petroleum within the meaning given by section 1 of the Petroleum Act 1998 in its natural state in strata.

Onshore petroleum: consequential amendments

48

(1) The Petroleum Act 1998 is amended as follows.

(2) Section 3 (licences to search and bore for and get petroleum) is amended as follows.

(3) In subsection (1)—

(a) for “Secretary of State” substitute “ appropriate Minister ”;

(b) for “he” substitute “ the appropriate Minister ”.

(4) In subsection (3) for “Secretary of State” in the second place substitute “ appropriate Minister ”.

(5) Section 4 (licences: further provisions) is amended as follows.

(6) In subsection (1) for “Secretary of State” substitute “ appropriate Minister ”.

(7) After that subsection insert—

(1A) The Scottish Ministers may not make regulations under subsection (1)(e) prescribing model clauses that may be prescribed under subsection (1B). (1B) The Secretary of State may make regulations prescribing model clauses on the consideration payable for a licence granted by the Scottish Ministers, and the following so far as they relate to such consideration— (a) the measurement of petroleum obtained from the licenced area (including the facilitation of such measurement); (b) the keeping of accounts; (c) cancellation of a licence by the Secretary of State if there has been a failure to pay consideration or to comply with a clause on a matter falling within paragraph (a) or (b). (1C) Model clauses prescribed under subsection (1B) shall, unless the Secretary of State thinks fit to modify or exclude them in any particular case, be incorporated in any licence granted by the Scottish Ministers.

(8) In subsection (3) for “Any such regulations” substitute “ Any regulations made by the Secretary of State ”.

(9) After that subsection insert—

(3A) Any regulations made by the Scottish Ministers shall be subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(10) After subsection (4) insert—

(4A) As soon as practicable after granting a licence under section 3, the Scottish Ministers shall publish notice of the fact in the Edinburgh Gazette stating— (a) the name of the licensee; and (b) the situation of the area in respect of which the licence has been granted.

(11) In section 5(9) (existing licences) for “the Secretary of State” in each place substitute “ the appropriate Minister ”.

(12) In section 5A (rights transferred without consent) for “Secretary of State” in each place substitute “ appropriate Minister ”.

(13) In section 5B(1) (information) for “the Secretary of State” in each place substitute “ the appropriate Minister ”.

(14) In section 7 (ancillary rights) in subsection (2)—

(a) at the end of paragraph (b) omit “and”, and

(b) at the end of paragraph (c) insert

; and (d) references to the Secretary of State (or the Minister) in sections 4 and 9 of that Act included references to the Scottish Ministers in relation to licences granted in relation to the Scottish onshore area.

(15) In section 8 (power to inspect plans of mines) for “the Secretary of State” in each place substitute “ the appropriate Minister ”.

(16) After section 8 insert—

(8A) (1) This section applies for the purposes of this Part. (2) The “appropriate Minister” means— (a) in relation to the Scottish onshore area, the Scottish Ministers; (b) otherwise, the Secretary of State. (3) The Scottish onshore area is the area of Scotland that is within the baselines established by any Order in Council under section 1(1)(b) of the Territorial Sea Act 1987 (extension of territorial sea). (4) In subsection (3) “Scotland” has the same meaning as in the Scotland Act 1998.

(17) In section 188(12) of the Energy Act 2004, in the substituted subsection (7A), before paragraph (a) insert—

(za) Part 1 of the Petroleum Act 1998,

(18) The Oil Taxation Act 1975 is amended as follows.

(19) In section 12(1A)(a)(ii) (authorities that can revoke licences) after “OGA” insert “ , the Scottish Ministers ”.

(20) In paragraph 1(2) of Schedule 1 (determination of oil fields)—

(a) in paragraph (a) after “granted” insert “ by the OGA ”;

(b) after paragraph (a) insert—

(aa) is the Scottish Ministers if the area is such that licences can be granted by the Scottish Ministers for all of it under Part 1 of the Petroleum Act 1998; (ab) is the OGA and the Scottish Ministers acting jointly if the area is such that licences can be granted for part of it by the OGA and for part of it by the Scottish Ministers;

(21) The Petroleum (Production) (Landward Areas) Regulations 1995 are amended as follows.

(22) In regulation 2 (interpretation) after the entry for “principal licence” insert—

“Scottish onshore area” has the meaning given by section 8A of the Petroleum Act 1998;

(23) In regulation 3 (application of the regulations) at the beginning of paragraph (1) insert “ Subject to paragraph (1A), ”.

(24) After that paragraph insert—

(1A) These regulations do not apply to applications for licences to search and bore for, and get, petroleum within the Scottish onshore area.

Onshore petroleum: existing licences

49

(1) The Secretary of State may make any amendment that appears to the Secretary of State to be necessary or expedient in consequence of section 47 or 48—

(a) in any model clause, to the extent that, under Part 1 of the Petroleum Act 1998, it is incorporated, or has effect as if incorporated, in an existing licence, and

(b) in any other provision of an existing licence.

(2) In the case of an existing licence granted in respect of an area (“the licence area”) of which part only was within the Scottish onshore area at the time the licence was granted—

(a) the Secretary of State may direct that it is to have effect as a licence in respect of an area comprising that part and a separate licence in respect of an area comprising the rest of the licence area, and

(b) subsection (1) applies in relation to each of those licences as it applies in relation to the existing licence.

(3) The power to make amendments under subsection (1)(a) is exercisable by regulations made by statutory instrument.

(4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) In this section “existing licence” means a licence granted, before the commencement of section 47, under—

(a) section 3 of the Petroleum Act 1998, or

(b) section 2 of the Petroleum (Production) Act 1934,

in respect of an area all or part of which is within the Scottish onshore area, within the meaning given by Section D2 of Part 2 of Schedule 5 to the Scotland Act 1998.

Consumer advocacy and advice

50

(1) Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) is amended as follows.

(2) In Section C7 (consumer protection)—

(a) for the heading “Exception” substitute “ Exceptions ”;

(b) after that heading insert— “ The provision of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office. ”

(3) In Section C8 (product standards, safety and liability) after the heading “Exceptions” insert— “ The provision of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office. ”

(4) In Section C9 (weights and measures) after the reservations insert—

Exceptions The provision of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office.

(5) In Section C11 (posts)—

(a) for the heading “Exception” substitute “ Exceptions ”;

(b) after that heading insert— “ The provision of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office, but not any related compulsory levy on postal operators. ”;

(6) In Section D1 (electricity)—

(a) for the heading “Exception” substitute “ Exceptions ”;

(b) after the exception relating to the Environmental Protection Act 1990 insert— “ The provision of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office, but not any related compulsory levy on persons supplying, generating, transmitting or distributing electricity. ”

(7) In Section D2 (oil and gas), at the end of the exceptions insert— “ The provision in relation to gas of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office, but not any related compulsory levy on persons supplying gas to premises or conveying gas through pipes. ”

(8) In paragraph 3(2) of Part 3 of Schedule 5 to the Scotland Act 1998 (reserved bodies) at the end insert—

(e) the Office of Communications, (f) the Gas and Electricity Markets Authority.

(9) Section 8 of the Utilities Act 2000 (payments by licence holders relating to new arrangements) is amended as follows.

(10) In subsection (2)—

(a) after “payment by the licence holder of sums” insert “ — (a) ”;

(b) at the end insert

, or (b) relating to such amounts as the Secretary of State considers reasonable in respect of the provision, in or as regards Scotland, of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office, in relation to gas and electricity consumers

(11) Omit—

(a) subsection (3A)(bb) and (cb);

(b) in subsection (3A)(f) the words “or Citizens Advice Scotland”;

(d) in subsection (3C) the words “or Citizens Advice Scotland, or by them jointly,”.

(12) In subsection (9) after “(3A)” insert “ or to amounts mentioned in subsection (2)(b) ”.

(13) Section 51 of the Postal Services Act 2011 (consumer protection conditions) is amended as follows.

(14) At the end of subsection (2)(c) omit “and” and insert—

(ca) to make payments relating to such amounts as the Secretary of State considers reasonable in respect of the provision, in or as regards Scotland, of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office, in relation to users of postal services, and

(15) In subsection (6) after “(2)(c)” insert “ , (ca) ”.

(16) Omit—

(a) in subsection (2)(c) the words “, Citizens Advice Scotland”;

(b) in subsection (4) the words “, Citizens Advice Scotland”;

(d) in subsection (4A) the words “or Citizens Advice Scotland, or by them jointly,”.

Functions exercisable within devolved competence: consumer advocacy and advice

51

(1) The Scotland Act 1998 (“the 1998 Act”) has effect, in relation to any function so far as exercisable within devolved competence by virtue of a provision of section 50, as if references to a “pre-commencement enactment” were to—

(a) an Act passed before or in the same session as the relevant date,

(b) any other enactment made before the relevant date,

(c) subordinate legislation under section 106 of the 1998 Act, to the extent that the legislation states that it is to be treated as a pre-commencement enactment,

but did not include the 1998 Act or this Act (or any amendment made by either of those Acts) or, subject to paragraph (c), an enactment comprised in subordinate legislation under either of those Acts.

(2) In this section—

(a) expressions used in the 1998 Act have the same meaning as in that Act;

(b) the relevant date is the date on which section 50 comes into force.

Gaming machines on licensed betting premises

52

(1) In Section B9 in Part 2 of Schedule 5 to the Scotland Act 1998 (betting, gaming and lotteries) at the end insert—

Exception In the case of a betting premises licence under the Gambling Act 2005, other than one in respect of a track, the number of gaming machines authorised for which the maximum charge for use is more than £10 (or whether such machines are authorised).

(2) Section 172 of the Gambling Act 2005 (gaming machines) is amended as follows.

(3) In subsection (11) for “Secretary of State” substitute “ appropriate Minister ”.

(4) After that subsection insert—

(12) In subsection (11) “the appropriate Minister” means— (a) the Scottish Ministers, so far as, in the case of a betting premises licence in respect of premises in Scotland and not in respect of a track, the order varies— (i) the number of gaming machines authorised for which the maximum charge for use is more than £10, or (ii) whether such machines are authorised; (b) otherwise, the Secretary of State.

(5) In section 355 of that Act (regulations, orders and rules)—

(a) in subsection (1) after “the Secretary of State” insert “ or the Scottish Ministers ”, and

(b) for subsections (9) and (10) substitute—

(9) Subsection (3) does not apply to regulations made by the Scottish Ministers (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010: functions exercisable by Scottish statutory instrument). (10) Regulations made by the Scottish Ministers under a provision specified in subsection (4), or under section 285, and an order made by the Scottish Ministers under section 172, shall be subject to the affirmative procedure. (11) Any other regulations made by the Scottish Ministers under a provision of this Act shall be subject to the negative procedure.

(6) The amendments made by this section do not apply in relation to a betting premises licence issued before this section comes into force.

Abortion

53

In Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) omit Section J1 (abortion).

PART 5 — Other executive competence

Gaelic Media Service

54

(1) In section 183A of the Broadcasting Act 1990 (membership of the Gaelic Media Service)—

(a) in subsection (4) for “the Secretary of State and the Scottish Ministers” substitute “ the Scottish Ministers ”, and

(b) in subsection (6)(b) for “the Secretary of State with the agreement of the Scottish Ministers” substitute “ the Scottish Ministers ”.

(2) Section 17(4) to (6) of the Scotland Act 2012 is repealed.

Commissioners of Northern Lighthouses

55

(1) Schedule 8 to the Merchant Shipping Act 1995 (Commissioners of Northern Lighthouses) is amended as follows.

(2) In paragraph 1(2) (the Commissioners), after paragraph (e) insert—

(f) a person appointed by the Secretary of State (in addition to the person nominated under paragraph (d)); (g) a person appointed by the Scottish Ministers.

(3) In paragraph 2(2) (elections by the Commissioners) for “five” substitute “ three ”.

(4) After paragraph 4 insert—

(4A) (1) The Commissioners shall send to the Scottish Ministers a copy of any accounts that they have been required to provide under section 218. (2) The Scottish Ministers shall lay those accounts before the Scottish Parliament. (3) The Commissioners shall send to the Scottish Ministers any report made under section 198(4)(b) (reports on inspections). (4) The Scottish Ministers shall lay any such report before the Scottish Parliament.

Maritime and Coastguard Agency

56

(1) In section 1 of the Coastguard Act 1925 (transfer of the coastguard to the Board of Trade), at the end insert—

(3) The Secretary of State must consult the Scottish Ministers about the strategic priorities of the Secretary of State in exercising functions under subsection (1) in relation to activities of Her Majesty's Coastguard in Scotland. (4) In subsection (3) “Scotland” has the same meaning as in the Scotland Act 1998.

(2) In section 292 of the Merchant Shipping Act 1995 (general functions of the Secretary of State) after subsection (2) insert—

(3) The Secretary of State must consult the Scottish Ministers about the strategic priorities of the Secretary of State in exercising functions under subsection (1) in relation to the safety standards of ships in Scotland and protecting the health and safety of persons on them. (4) In subsection (3) “Scotland” has the same meaning as in the Scotland Act 1998.

Rail: franchising of passenger services

57

(1) Section 25 of the Railways Act 1993 (public sector operators not to be franchisees) is amended as follows.

(2) In the heading, at the beginning insert “ England and Wales: ”.

(3) After subsection (2) insert—

(2A) Subsection (1) does not prevent a public sector operator from being a franchisee in relation to a Scottish franchise agreement.

(4) This section does not have effect in relation to any invitation to tender under section 26(2) of the Railways Act 1993 issued before the day on which this section comes into force.

Fuel poverty: support schemes

58

(1) The Energy Act 2010 is amended as follows.

(2) In section 9 (schemes for reducing fuel poverty) after subsection (1) insert—

(1A) In relation to Scotland, that is subject to section 14A (power of the Scottish Ministers to make schemes).

(3) After section 14 (regulations under Part 2: procedure) insert—

(14A) (1) Subject to the following provisions of this section the power under section 9 to make a scheme in relation to Scotland is exercisable by the Secretary of State so as to make only— (a) provision as to the licensed suppliers to whom the scheme applies, (b) provision as to the aggregate amount of benefits to be provided under it by scheme suppliers, and (c) any other provision within section 9(4) or (9)(a) or (c)(v) or (vi). (2) The power to make other provision under that section for the purposes of the scheme is exercisable by the Scottish Ministers. (3) For the purposes of the exercise of that power by the Scottish Ministers, this Part applies— (a) as if references to the Secretary of State in sections 9, 10 and 14(1) and (4) were references to the Scottish Ministers; (b) as if in section 10(7) “Parliament” were “the Scottish Parliament”. (4) The power of the Scottish Ministers under section 9 does not include power to make provision in relation to the subject-matter of sections 88 to 90 of the Energy Act 2008 (smart meters). (5) The Scottish Ministers may not make regulations under section 9 unless— (a) they have consulted the Secretary of State about the proposed regulations, and (b) the Secretary of State has agreed to the regulations being made. (6) Subsections (1) and (2) do not prevent the Secretary of State from making any provision under section 9 for the purposes of a scheme in relation to Scotland, or from varying or revoking regulations made by the Scottish Ministers under that section,— (a) with the agreement of the Scottish Ministers, or (b) without their agreement, if subsection (7), (9) or (11) applies. (7) This subsection applies if— (a) a scheme in relation to England and Wales has been made, or the Secretary of State intends to make such a scheme, and (b) the Secretary of State is satisfied, after consulting the Scottish Ministers, that, to ensure that a scheme in relation to Scotland is made with a corresponding scheme period, it is necessary for the Secretary of State to make any provision not mentioned in subsection (1)(a) to (c). (8) In paragraph (b) of subsection (7) a “corresponding scheme period” means a scheme period beginning and ending at the same time as that specified or to be specified in the scheme mentioned in paragraph (a). (9) This subsection applies if it appears to the Secretary of State that a support scheme made in relation to Scotland is, alone or in conjunction with a scheme made or to be made in relation to England and Wales, likely to— (a) cause detriment to the United Kingdom, or (b) adversely affect the ability of the United Kingdom to comply with an international agreement or arrangement in relation to climate change or energy efficiency, and the Scottish Ministers have failed to comply with a request made to them by the Secretary of State to make modifications specified by the Secretary of State. (10) In determining for the purposes of subsection (9) whether detriment is likely to be caused to the United Kingdom, considerations that the Secretary of State may take into account include the costs imposed on suppliers by virtue of schemes made, or to be made, by the Secretary of State and the Scottish Ministers under section 9. (11) This subsection applies if— (a) the Secretary of State makes or intends to make changes to a support scheme which would result in a significant change in the costs incurred by suppliers in complying with the scheme, and (b) the Scottish Ministers have failed to comply with a request made to them by the Secretary of State to make modifications specified by the Secretary of State. (12) A request by the Secretary of State to the Scottish Ministers for the purposes of subsection (9) or (11)— (a) must be in writing; (b) must specify only modifications that appear to the Secretary of State to be necessary to prevent the effect mentioned in subsection (9)(a) or (b), or (as the case may be) to be necessary or expedient in view of the effect mentioned in subsection (11)(a); (c) must specify the time within which the modifications are to be made, which must not be less than 2 months from the date of the request. (13) Section 14(5) does not apply to regulations by which the Secretary of State makes provision by virtue of subsection (6), with or without other provision under section 9.

(4) Section 31 (orders and regulations) is amended as follows.

(5) After subsection (1) insert—

(1A) Subsection (1) does not apply to regulations made by the Scottish Ministers (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010: functions exercisable by Scottish statutory instrument).

(6) After subsection (4) insert—

(4A) Regulations made by the Scottish Ministers under section 9 are subject to the affirmative procedure (see section 29 of the Interpretative and Legislative Reform (Scotland) Act 2010).

(7) In subsection (6) after “Regulations” insert “ made by the Secretary of State ”.

(8) After subsection (6) insert—

(6A) Regulations made by the Scottish Ministers may impose obligations or confer functions on a person (including the Scottish Ministers).

(9) Where an amendment made by this section imposes a requirement to consult or to obtain consent, the requirement may be satisfied by consultation undertaken or consent obtained before this section comes into force.

Energy company obligations

59

(1) The Gas Act 1986 is amended as follows.

(2) After section 33BC (promotion of reduction in carbon emissions) insert—

(33BCA) (1) Where the Secretary of State under section 33BC imposes on gas suppliers obligations to achieve a target within a specified period, the power to make orders under that section is exercisable by the Scottish Ministers for the purposes of those obligations imposed in relation to Scotland and not, except as provided by subsections (9) and (10), by the Secretary of State. (2) An obligation is imposed in relation to Scotland to the extent that measures to meet that obligation may be carried out in Scotland (disregarding any power to elect under section 103 of the Utilities Act 2000). (3) For the purposes of the exercise by the Scottish Ministers of the power to make an order under section 33BC, that section applies with the following modifications— (a) for subsection (1) there is substituted a power by order to specify how gas suppliers may meet their obligations to achieve the carbon emissions reduction target through measures carried out in Scotland; (b) subsections (1A), (3), (5)(a), (7)(a) and (10A) are omitted; (c) in subsection (2A) at the beginning of paragraph (b) there is inserted “where the Secretary of State has apportioned the overall carbon emissions reduction target under section 103(2A) of the Utilities Act 2000, and”; (d) in subsection (11) “Citizens Advice” and “gas transporters” are omitted; (e) in subsection (12), for the words from “shall not be made” to the end is substituted “ is subject to the affirmative procedure ”; (f) in subsection (12A) for the words from “shall be subject to” to the end is substituted “ is subject to the negative procedure ”; (g) for “Secretary of State” in each place is substituted “ Scottish Ministers ”. (4) The power of the Scottish Ministers under section 33BC does not include power to make provision in relation to the subject-matter of sections 88 to 90 of the Energy Act 2008 (smart meters). (5) Where an overall carbon emissions reduction target has been apportioned under section 103(2A) of the Utilities Act 2000, the Scottish Ministers must— (a) when making any order under section 33BC, comply with the duty in subsection (6), and (b) if the Secretary of State amends any order under that section, make any provision they think necessary, in consequence of the amendment, to comply with that duty. (6) The duty of the Scottish Ministers where subsection (5)(a) or (b) applies is to exercise their powers under section 33BC (subject to subsection (8)) in the way they think most likely to secure that the proportion of compliance costs that is represented by costs relating to Scotland is no greater than the proportion of the overall carbon emissions reduction target that is represented by the part of it apportioned to measures carried out in Scotland. (7) In subsection (6)— (a) “compliance costs” means the total costs to gas suppliers of complying with carbon emissions reduction obligations that, in relation to any period, are imposed by order under section 33BC, and (b) “costs relating to Scotland” means the total costs to gas suppliers of complying with obligations that, in relation to the same period, are imposed in relation to Scotland. (8) The Scottish Ministers may not make an order under section 33BC unless— (a) they have consulted the Secretary of State about the proposed order, and (b) the Secretary of State has agreed to the order being made. (9) Subsection (1) does not prevent the Secretary of State from making provision under— (a) section 33BC(1A), (3), (5)(a) or (7)(a), or (b) section 33BC(2A) where an overall carbon emissions reduction target has not been apportioned under section 103(2A) of the Utilities Act 2000. (10) Subsection (1) does not prevent the Secretary of State from making any other provision under section 33BC or from varying or revoking an order made by the Scottish Ministers under that section— (a) with the agreement of the Scottish Ministers, or (b) without their agreement, if subsection (11) applies. (11) This subsection applies if it appears to the Secretary of State, in the case of obligations imposed in relation to Scotland (the “Scottish obligations”), taking into account any provision made by the Scottish Ministers, that the Scottish obligations are, alone or in conjunction with obligations imposed or to be imposed in relation to England and Wales, likely to— (a) cause detriment to the United Kingdom, (b) adversely affect the ability of the United Kingdom to comply with an international agreement or arrangement in relation to climate change or energy efficiency, or (c) result in costs incurred by suppliers that are not broadly equivalent in relation to England and Wales and in relation to Scotland, and the Scottish Ministers have failed to comply with a request made to them by the Secretary of State to make modifications specified by the Secretary of State. (12) In determining for the purposes of subsection (11), whether detriment is likely to be caused to the United Kingdom, considerations that the Secretary of State may take into account include the costs imposed on suppliers by virtue of obligations imposed or to be imposed by the Secretary of State under section 33BC or any provision made by the Scottish Ministers under that section. (13) A request by the Secretary of State to the Scottish Ministers for the purposes of subsection (11)— (a) must be in writing; (b) must specify only modifications that appear to the Secretary of State to be necessary to prevent the effect mentioned in subsection (11)(a), (b) or (c); (c) must specify the time within which the modifications are to be made, which must not be less than 2 months from the date of the request.

(3) After section 33BD (promotion of reductions in home-heating costs) insert—

(33BDA) (1) Where the Secretary of State under section 33BD imposes on gas suppliers obligations to achieve a target within a specified period, the power to make orders under that section is exercisable by the Scottish Ministers for the purposes of those obligations imposed in relation to Scotland and not, except as provided by subsections (9) and (10), by the Secretary of State. (2) An obligation is imposed in relation to Scotland to the extent that measures to meet that obligation may be carried out in Scotland (disregarding any power to elect under section 103A of the Utilities Act 2000). (3) For the purposes of the exercise by the Scottish Ministers of the power to make an order under section 33BD, that section applies with the following modifications— (a) for subsection (1) there is substituted a power by order to specify how gas suppliers may meet their obligations to achieve the home-heating cost reduction target through measures carried out in Scotland; (b) subsection (3) is omitted; (c) subsections (3), (5)(a), (7)(a) and (10A) of section 33BC as applied by subsection (4) are omitted; (d) in subsection (2)(a) at the beginning of sub-paragraph (ii) there is inserted “where the Secretary of State has apportioned the overall home-heating cost reduction target under section 103A(3A) of the Utilities Act 2000, and”; (e) in section 33BC(11) as applied by subsection (4) “Citizens Advice” and “gas transporters” are omitted; (f) in section 33BC(12) as applied by subsection (4) for the words from “shall not be made” to the end is substituted “ is subject to the affirmative procedure ”; (g) in section 33BC(12A) as applied by subsection (4) for the words from “shall be subject to” to the end is substituted “ is subject to the negative procedure ”; (h) for “Secretary of State” in each place (including any references in section 33BC that apply by virtue of subsection (4)), is substituted “ Scottish Ministers ”. (4) The power of the Scottish Ministers under section 33BD does not include power to make provision in relation to the subject-matter of sections 88 to 90 of the Energy Act 2008 (smart meters). (5) Where an overall home-heating cost reduction target has been apportioned under section 103A(3A) of the Utilities Act 2000, the Scottish Ministers must— (a) when making any order under section 33BD, comply with the duty in subsection (6), and (b) if the Secretary of State amends any order under that section, make any provision they think necessary, in consequence of the amendment, to comply with that duty. (6) The duty of the Scottish Ministers where subsection (5)(a) or (b) applies is to exercise their powers under section 33BD (subject to subsection (8)) in the way they think most likely to secure that the proportion of compliance costs that is represented by costs relating to Scotland is no greater than the proportion of the overall home-heating cost reduction target that is represented by the part of it apportioned to measures carried out in Scotland. (7) In subsection (6)— (a) “compliance costs” means the total costs to gas suppliers of complying with home-heating cost reduction obligations that, in relation to any period, are imposed by order under section 33BD, and (b) “costs relating to Scotland” means the total costs to gas suppliers of complying with obligations that, in relation to the same period, are imposed in relation to Scotland. (8) The Scottish Ministers may not make an order under section 33BD unless— (a) they have consulted the Secretary of State about the proposed order, and (b) the Secretary of State has agreed to the order being made. (9) Subsection (1) does not prevent the Secretary of State from making provision under— (a) section 33BD(3), (b) section 33BC(3), (5)(a) or (7)(a) as applied by section 33BD(4), or (c) section 33BD(2)(a) where an overall home-heating cost reduction target has not been apportioned under section 103A(3A) of the Utilities Act 2000. (10) Subsection (1) does not prevent the Secretary of State from making any other provision under section 33BD or from varying or revoking an order made by the Scottish Ministers under that section— (a) with the agreement of the Scottish Ministers, or (b) without their agreement, if subsection (11) applies. (11) This subsection applies if it appears to the Secretary of State, in the case of obligations imposed in relation to Scotland (the “Scottish obligations”), taking into account any provision made by the Scottish Ministers, that the Scottish obligations are, alone or in conjunction with obligations imposed or to be imposed in relation to England and Wales, likely to— (a) cause detriment to the United Kingdom, (b) adversely affect the ability of the United Kingdom to comply with an international agreement or arrangement in relation to climate change or energy efficiency, or (c) result in costs incurred by suppliers that are not broadly equivalent in relation to England and Wales and in relation to Scotland, and the Scottish Ministers have failed to comply with a request made to them by the Secretary of State to make modifications specified by the Secretary of State. (12) In determining for the purposes of subsection (11), whether detriment is likely to be caused to the United Kingdom, considerations that the Secretary of State may take into account include the costs imposed on suppliers by virtue of obligations imposed or to be imposed by the Secretary of State under section 33BD or any provision made by the Scottish Ministers under that section. (13) A request by the Secretary of State to the Scottish Ministers for the purposes of subsection (11)— (a) must be in writing; (b) must specify only modifications that appear to the Secretary of State to be necessary to prevent the effect mentioned in subsection (11)(a), (b) or (c); (c) must specify the time within which the modifications are to be made, which must not be less than 2 months from the date of the request.

(4) The Electricity Act 1989 is amended as follows.

(5) After section 41A (promotion of reductions in carbon emissions) insert—

(41AA) (1) Where the Secretary of State under section 41A imposes on electricity suppliers obligations to achieve a target within a specified period, the power to make orders under that section is exercisable by the Scottish Ministers for the purposes of those obligations imposed in relation to Scotland and not, except as provided by subsections (9) and (10), by the Secretary of State. (2) An obligation is imposed in relation to Scotland to the extent that measures to meet that obligation may be carried out in Scotland (disregarding any power to elect under section 103 of the Utilities Act 2000). (3) For the purposes of the exercise by the Scottish Ministers of the power to make an order under section 41A, that section applies with the following modifications— (a) for subsection (1) there is substituted a power by order to specify how electricity suppliers may meet their obligations to achieve the carbon emissions reduction target through measures carried out in Scotland; (b) subsections (1A), (3), (5)(a), (7)(a) and (10A) are omitted; (c) in subsection (2A) at the beginning of paragraph (b) there is inserted “where the Secretary of State has apportioned the overall carbon emissions reduction target under section 103(2A) of the Utilities Act 2000, and”; (d) in subsection (11) “Citizens Advice” and “electricity distributors” are omitted; (e) in subsection (12), for the words from “shall not be made” to the end is substituted “ is subject to the affirmative procedure ”; (f) in subsection (12A) for the words from “shall be subject to” to the end is substituted “ is subject to the negative procedure ”; (g) for “Secretary of State” in each place is substituted “ Scottish Ministers ”. (4) The power of the Scottish Ministers under section 41A does not include power to make provision in relation to the subject-matter of sections 88 to 90 of the Energy Act 2008 (smart meters). (5) Where an overall carbon emissions reduction target has been apportioned under section 103(2A) of the Utilities Act 2000, the Scottish Ministers must— (a) when making any order under section 41A, comply with the duty in subsection (6), and (b) if the Secretary of State amends any order under that section, make any provision they think necessary, in consequence of the amendment, to comply with that duty. (6) The duty of the Scottish Ministers where subsection (5)(a) or (b) applies is to exercise their powers under section 41A (subject to subsection (8)) in the way they think most likely to secure that the proportion of compliance costs that is represented by costs relating to Scotland is no greater than the proportion of the overall carbon emissions reduction target that is represented by the part of it apportioned to measures carried out in Scotland. (7) In subsection (6)— (a) “compliance costs” means the total costs to electricity suppliers of complying with carbon emissions reduction obligations that, in relation to any period, are imposed by order under section 41A, and (b) “costs relating to Scotland” means the total costs to electricity suppliers of complying with obligations that, in relation to the same period, are imposed in relation to Scotland. (8) The Scottish Ministers may not make an order under section 41A unless— (a) they have consulted the Secretary of State about the proposed order, and (b) the Secretary of State has agreed to the order being made. (9) Subsection (1) does not prevent the Secretary of State from making provision under— (a) section 41A(1A), (3), (5)(a) or (7)(a), or (b) section 41A(2A) where an overall carbon emissions reduction target has not been apportioned under section 103(2A) of the Utilities Act 2000. (10) Subsection (1) does not prevent the Secretary of State from making any other provision under section 41A or from varying or revoking an order made by the Scottish Ministers under that section— (a) with the agreement of the Scottish Ministers, or (b) without their agreement, if subsection (11) applies. (11) This subsection applies if it appears to the Secretary of State, in the case of obligations imposed in relation to Scotland (the “Scottish obligations”), taking into account any provision made by the Scottish Ministers, that the Scottish obligations are, alone or in conjunction with obligations imposed or to be imposed in relation to England and Wales, likely to— (a) cause detriment to the United Kingdom, (b) adversely affect the ability of the United Kingdom to comply with an international agreement or arrangement in relation to climate change or energy efficiency, or (c) result in costs incurred by suppliers that are not broadly equivalent in relation to England and Wales and in relation to Scotland, and the Scottish Ministers have failed to comply with a request made to them by the Secretary of State to make modifications specified by the Secretary of State. (12) In determining for the purposes of subsection (11), whether detriment is likely to be caused to the United Kingdom, considerations that the Secretary of State may take into account include the costs imposed on suppliers by virtue of obligations imposed or to be imposed by the Secretary of State under section 41A or any provision made by the Scottish Ministers under that section. (13) A request by the Secretary of State to the Scottish Ministers for the purposes of subsection (11)— (a) must be in writing; (b) must specify only modifications that appear to the Secretary of State to be necessary to prevent the effect mentioned in subsection (11)(a), (b) or (c); (c) must specify the time within which the modifications are to be made, which must not be less than 2 months from the date of the request.

(6) After section 41B (promotion of reductions in home-heating costs) insert—

(41BA) (1) Where the Secretary of State under section 41B imposes on electricity suppliers obligations to achieve a target within a specified period, the power to make orders under that section is exercisable by the Scottish Ministers for the purposes of those obligations imposed in relation to Scotland and not, except as provided by subsections (9) and (10), by the Secretary of State. (2) An obligation is imposed in relation to Scotland to the extent that measures to meet that obligation may be carried out in Scotland (disregarding any power to elect under section 103A of the Utilities Act 2000). (3) For the purposes of the exercise by the Scottish Ministers of the power to make an order under section 41B, that section applies with the following modifications— (a) for subsection (1) there is substituted a power by order to specify how electricity suppliers may meet their obligations to achieve the home-heating cost reduction target through measures carried out in Scotland; (b) subsection (3) is omitted; (c) subsections (3), (5)(a), (7)(a) and (10A) of section 41A as applied by subsection (4) are omitted; (d) in subsection (2)(a) at the beginning of sub-paragraph (ii) there is inserted “where the Secretary of State has apportioned the overall home-heating costs reduction target under section 103A(3A) of the Utilities Act 2000, and”; (e) in section 41A(11) as applied by subsection (4) “Citizens Advice” and “electricity distributors” are omitted; (f) in section 41A(12) as applied by subsection (4) for the words from “shall not be made” to the end is substituted “ is subject to the affirmative procedure ”; (g) in section 41A(12A) as applied by subsection (4) for the words from “shall be subject to” to the end is substituted “ is subject to the negative procedure ”; (h) for “Secretary of State” in each place (including any references in section 41A that apply by virtue of subsection (4)), is substituted “ Scottish Ministers ”. (4) The power of the Scottish Ministers under section 41B does not include power to make provision in relation to the subject-matter of sections 88 to 90 of the Energy Act 2008 (smart meters). (5) Where an overall home-heating cost reduction target has been apportioned under section 103A(3A) of the Utilities Act 2000, the Scottish Ministers must— (a) when making any order under section 41B, comply with the duty in subsection (6), and (b) if the Secretary of State amends any order under that section, make any provision they think necessary, in consequence of the amendment, to comply with that duty. (6) The duty of the Scottish Ministers where subsection (5)(a) or (b) applies is to exercise their powers under section 41B (subject to subsection (8)) in the way they think most likely to secure that the proportion of compliance costs that is represented by costs relating to Scotland is no greater than the proportion of the overall home-heating cost reduction target that is represented by the part of it apportioned to measures carried out in Scotland. (7) In subsection (6)— (a) “compliance costs” means the total costs to electricity suppliers of complying with home-heating cost reduction obligations that, in relation to any period, are imposed by order under section 41B, and (b) “costs relating to Scotland” means the total costs to electricity suppliers of complying with obligations that, in relation to the same period, are imposed in relation to Scotland. (8) The Scottish Ministers may not make an order under section 41B unless— (a) they have consulted the Secretary of State about the proposed order, and (b) the Secretary of State has agreed to the order being made. (9) Subsection (1) does not prevent the Secretary of State from making provision under— (a) section 41B(3), (b) section 41A(3), (5)(a) or (7)(a) as applied by section 41B(4), or (c) section 41B(2)(a) where an overall home-heating cost reduction target has not been apportioned under section 103A(3A) of the Utilities Act 2000. (10) Subsection (1) does not prevent the Secretary of State from making any other provision under section 41B or from varying or revoking an order made by the Scottish Ministers under that section— (a) with the agreement of the Scottish Ministers, or (b) without their agreement, if subsection (11) applies. (11) This subsection applies if it appears to the Secretary of State, in the case of obligations imposed in relation to Scotland (the “Scottish obligations”), taking into account any provision made by the Scottish Ministers, that the Scottish obligations are, alone or in conjunction with obligations imposed or to be imposed in relation to England and Wales, likely to— (a) cause detriment to the United Kingdom, (b) adversely affect the ability of the United Kingdom to comply with an international agreement or arrangement in relation to climate change or energy efficiency, or (c) result in costs incurred by suppliers that are not broadly equivalent in relation to England and Wales and in relation to Scotland, and the Scottish Ministers have failed to comply with a request made to them by the Secretary of State to make modifications specified by the Secretary of State. (12) In determining for the purposes of subsection (11), whether detriment is likely to be caused to the United Kingdom, considerations that the Secretary of State may take into account include the costs imposed on suppliers by virtue of obligations imposed or to be imposed by the Secretary of State under section 41B or any provision made by the Scottish Ministers under that section. (13) A request by the Secretary of State to the Scottish Ministers for the purposes of subsection (11)— (a) must be in writing; (b) must specify only modifications that appear to the Secretary of State to be necessary to prevent the effect mentioned in subsection (11)(a), (b) or (c); (c) must specify the time within which the modifications are to be made, which must not be less than 2 months from the date of the request.

(7) Where an amendment made by this section imposes a requirement to consult or to obtain consent, the requirement may be satisfied by consultation undertaken or consent obtained before this section comes into force.

Apportionment of targets

60

(1) The Utilities Act 2000 is amended as follows.

(2) Section 103 (overall carbon emissions reduction targets) is amended as follows.

(3) After subsection (2) insert—

(2A) Where an overall target applies in relation to a section mentioned in subsection (1) the order specifying the target may make provision for the target to be apportioned between— (a) measures carried out in England and Wales, and (b) measures carried out in Scotland, by reference to such criteria as may be specified in the order.

(4) After subsection (3) insert—

(3A) Where a target is apportioned under subsection (2A) for the purposes of a section, an order under that section may include provision for a supplier to elect, subject to any conditions specified in the order— (a) that, for the purposes of meeting the carbon emissions reduction target under an obligation imposed by the order in relation to England and Wales, a measure carried out in Scotland is to be treated instead as carried out in England and Wales; (b) that, for the purposes of meeting the carbon emissions reduction target under an obligation imposed by the order in relation to Scotland, a measure carried out in England and Wales is to be treated instead as carried out in Scotland. (3B) An order may not make provision under subsection (3A)(b) unless the Scottish Ministers have agreed to such provision being made.

(5) Section 103A (overall home-heating cost reduction targets) is amended as follows.

(6) After subsection (3) insert—

(3A) Where an overall target applies in relation to a section mentioned in subsection (1) the order specifying the target may make provision for the target to be apportioned between— (a) measures carried out in England and Wales, and (b) measures carried out in Scotland, by reference to such criteria as may be specified in the order.

(7) After subsection (4) insert—

(4A) Where a target is apportioned under subsection (3A) for the purposes of a section, an order under that section may include provision for a supplier to elect, subject to any conditions specified in the order,— (a) that, for the purposes of meeting the home-heating cost reduction target under an obligation imposed by the order in relation to England and Wales, a measure carried out in Scotland is to be treated instead as carried out in England and Wales; (b) that, for the purposes of meeting the home-heating cost reduction target under an obligation imposed by the order in relation to Scotland, a measure carried out in England and Wales is to be treated instead as carried out in Scotland. (4B) An order may not make provision under subsection (4A)(b) unless the Scottish Ministers have agreed to such provision being made.

(8) Section 103B (power to require information) is amended as follows.

(9) In the heading after “Secretary of State” insert “ and the Scottish Ministers ”.

(10) In subsection (1) at the beginning insert “ Subject to subsection (1A), ” and after that subsection insert—

(1A) The Scottish Ministers may exercise the power in subsection (1)(b) and (c) in order to require information to review the operation of any carbon emissions reduction order or home-heating cost reduction order made by the Scottish Ministers and to establish and maintain a measures record in relation to such orders.

(11) In subsection (2)—

(a) after the first “Secretary of State” insert “ or the Scottish Ministers ”, and

(b) after the second “Secretary of State” insert “ and the Scottish Ministers ”.

(12) After subsection (6) insert—

(6A) Information obtained by virtue of subsection (1A) may be disclosed by the Scottish Ministers— (a) to the Secretary of State; (b) to the Welsh Ministers for the purpose of enabling them to review the operation and effect in Wales of a carbon emissions reduction order or home-heating cost reduction order.

(13) In section 105 (general restrictions on disclosure of information), in subsection (3) after paragraph (a) insert—

(aza) it is made for the purpose of facilitating the performance, by a body specified as the Administrator under an order under section 33BC or 33BD of the Gas Act 1986 or under section 41A or 41B of the Electricity Act 1989, of its functions under that section and the order;

Renewable electricity incentive schemes: consultation

61

In the Scotland Act 1998 after section 90B (inserted by section 36) insert—

(90C) (1) The Secretary of State must consult the Scottish Ministers before— (a) establishing a renewable electricity incentive scheme that applies in Scotland, or (b) amending such a scheme as it relates to Scotland. (2) Subsection (1) does not apply to amendments that appear to the Secretary of State to be minor or made only for technical or administrative reasons; and the Secretary of State is not to be taken to establish or amend a scheme by exercising a power under a scheme, other than a power that is exercisable subject to any parliamentary procedure. (3) Subsection (1) does not require the Secretary of State to consult the Scottish Ministers about any levy in connection with a renewable electricity incentive scheme. (4) In this section a “renewable electricity incentive scheme” means any scheme, whether statutory or otherwise, that provides an incentive to generate, or facilitate the generation of, electricity from sources of energy other than fossil fuel or nuclear fuel. This includes provision made by or under the following so far as they relate to the generation of electricity from sources of energy other than fossil fuel or nuclear fuel— (a) sections 6 to 26 of the Energy Act 2013 (contracts for difference); (b) sections 41 to 43 of the Energy Act 2008 (feed-in tariffs for small-scale generation of electricity); (c) sections 32 to 32Z2 of the Electricity Act 1989 (renewables obligations or certificate purchase obligations). (5) Where, before the commencement of this section, the Secretary of State has consulted, or is consulting, the Scottish Ministers regarding a renewable electricity incentive scheme, that consultation is to be treated as fulfilling the obligation in subsection (1).

Offshore renewable energy installations

62

(1) The Energy Act 2004 is amended as follows.

(2) Section 95 (safety zones around renewable energy installations) is amended as follows.

(3) For subsection (1A) substitute—

(1A) In this section and section 96 the “appropriate Minister” means the Scottish Ministers, in relation to a renewable energy installation— (a) which is to be or is wholly in an area of Scottish waters or an area of waters in a Scottish part of a Renewable Energy Zone, and is not being or proposed to be extended outside those areas, (b) to which paragraph (a) has ceased to apply because of an extension or proposed extension, if subsection (1B) applies, or (c) to the extent that it is to be or is in an area of Scottish waters or an area of waters in a Scottish part of a Renewable Energy Zone, if paragraph (a) has ceased to apply because of an extension or proposed extension, and subsection (1B) does not apply, and otherwise means the Secretary of State (subject to section 13 of the Marine and Coastal Access Act 2009, which transfers certain functions of the Secretary of State to the Marine Management Organisation). (1B) This subsection applies if there is an agreement in force between the Secretary of State and the Scottish Ministers providing for the Scottish Ministers to be the appropriate Minister in relation to the whole of the installation. (1C) Where subsection (1B) applies, the Scottish Ministers must consult the Secretary of State about the exercise of their functions as the appropriate Minister.

(4) In subsections (2), (3) and (7) for “Secretary of State” in each place, substitute “ appropriate Minister ”.

(5) After subsection (4) insert—

(4A) Before issuing a notice under this section which relates, wholly or partly, to an area outside the areas mentioned in subsection (4), the Scottish Ministers must consult the Secretary of State.

(6) Section 96 (prohibited activities in safety zones) is amended as follows.

(7) In subsection (1)(b) and (3)(b) for “Secretary of State” substitute “ appropriate Minister ”.

(8) In subsection (8)—

(a) after “section” insert

— (a) if made by the Secretary of State,

(b) at the end insert

; (b) if made by the Scottish Ministers, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(9) In section 105 (requirement to prepare decommissioning programmes) after subsection (1) insert—

(1A) In this Chapter “appropriate Minister”— (a) in relation to a renewable energy installation, means the Scottish Ministers— (i) if the installation is to be or is wholly in an area of Scottish waters or an area of waters in a Scottish part of a Renewable Energy Zone, and is not being or proposed to be extended outside those areas, (ii) if sub-paragraph (i) has ceased to apply to the installation because of an extension or proposed extension, and subsection (1B) applies, or (iii) to the extent that the installation is to be or is in an area of Scottish waters or an area of waters in a Scottish part of a Renewable Energy Zone, if sub-paragraph (i) has ceased to apply because of an extension or proposed extension, and subsection (1B) does not apply; and otherwise means the Secretary of State; (b) in relation to an electric line which is or has been a related line, means— (i) the Scottish Ministers, to the extent that the line is to be or is in an area of Scottish waters or an area of waters in a Scottish part of a Renewable Energy Zone; (ii) otherwise, the Secretary of State. (1B) This subsection applies to an installation if there is an agreement in force between the Secretary of State and the Scottish Ministers providing for the Scottish Ministers to be the appropriate Minister in relation to the whole of the installation. (1C) Where subsection (1B) applies, the Scottish Ministers must consult the Secretary of State about the exercise of their functions as the appropriate Minister.

(10) In Chapter 3 (decommissioning of offshore installations), except in the provisions listed in subsection (11), for “Secretary of State” in each place substitute “ appropriate Minister ”.

(11) The provisions not amended by subsection (10) are—

(a) sections 105(5), 106(2), 107(2), 108(7) and 111(6) (consultation of the Scottish Ministers);

(b) section 113(2) (proceedings in England and Wales or Northern Ireland).

(12) In the provisions listed in subsection (11)(a) omit “wholly or”.

(13) In section 111(7) (regulations about decommissioning)—

(a) after “section” insert

— (a) if made by the Secretary of State,

(b) at the end insert

; (b) if made by the Scottish Ministers, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(14) In section 112(7) (duty to inform Secretary of State: regulations)—

(a) after “section” insert

— (a) if made by the Secretary of State,

(b) at the end insert

; (b) if made by the Scottish Ministers, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(15) In section 114 (interpretation of Chapter 3) in subsection (2) before the definition of “decommissioning programme” insert—

“appropriate Minister” has the meaning given by section 105(1A);

(16) In section 192 (powers exercisable by statutory instrument) in subsection (4) after “Secretary of State” insert “ , the Scottish Ministers ”.

(17) Schedule 16 (applications and proposals for notices under section 95) is amended as follows.

(18) For “Secretary of State” in each place, except in paragraph 7, substitute “ appropriate Minister ”.

(19) In paragraph 9—

(a) after “Schedule” insert

— (a) if made by the Secretary of State,

(b) at the end insert

; (b) if made by the Scottish Ministers, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(20) In section 13 of the Marine and Coastal Access Act 2009 (safety zones: functions under section 95 of the Energy Act 2004) omit subsection (7).

References to Competition and Markets Authority

63

In section 132(5) of the Enterprise Act 2002 (ministerial power to make references to Competition and Markets Authority: meaning of “appropriate Minister”)—

(a) omit the “or” after paragraph (a), and

(b) after paragraph (b) insert—

(c) the Scottish Ministers and the Secretary of State acting jointly; or (d) the Scottish Ministers, the Secretary of State and one or more than one other Minister of the Crown, acting jointly.

PART 6 — Miscellaneous

Gas and Electricity Markets Authority

64

(1) The Utilities Act 2000 is amended as follows.

(2) In section 5 (annual and other reports of Authority)—

(a) in subsection (5) omit “and” at the end of paragraph (a) and insert—

(aa) send a copy of the report to the Scottish Ministers, and

, and

(b) after subsection (5) insert—

(5A) The Scottish Ministers shall lay a copy of each annual report before the Scottish Parliament.

(3) After section 5 insert—

(5XA) (1) The Comptroller and Auditor General must send to the Authority, in respect of each of its accounting years, a copy of the certified accounts and report of the Authority no later than 15th January of the financial year following that to which the accounts relate. (2) The Authority must send to the Scottish Ministers, in respect of each of its accounting years, a copy of the certified accounts and report of the Authority no later than 31st January of the financial year following that to which the accounts relate. (3) The Scottish Ministers must lay a copy of whatever is sent to them under subsection (2) before the Scottish Parliament. (4) In subsections (1) and (2) “certified accounts and report” means those accounts certified under sections 5 and 7 of the Government Resources and Accounts Act 2000, and the report issued by the Comptroller and Auditor General under section 6(3)(a) of that Act.

Office of Communications

65

(1) Section 1 of the Office of Communications Act 2002 (the Office of Communications) is amended as follows.

(2) In subsection (3) after paragraph (a) insert—

(aa) a member appointed by the Scottish Ministers;

(3) After subsection (3) insert—

(3A) Before appointing a member under subsection (3)(aa) the Scottish Ministers must consult the Secretary of State.

(4) In subsection (5) after “(3)(a)” insert “ , (aa) ”.

(5) After subsection (10) insert—

(11) Paragraphs 1 and 2 of the Schedule apply in relation to the appointment made under subsection (3)(aa) as if— (a) any reference to the Secretary of State was to the Scottish Ministers, and (b) after paragraph 2(6) there were inserted— (7) Before the Scottish Ministers remove a person from office they must consult the Secretary of State.

(6) The Schedule to the Office of Communications Act 2002 is amended as follows.

(7) In paragraph 11(3) (accounts and audit)—

(a) omit “and” at the end of paragraph (a), and

(b) at the end of paragraph (b) insert

, and (c) send a copy of the statement and of his report to the Scottish Ministers.

(8) After paragraph 11(3) insert—

(4) The Scottish Ministers shall lay a copy of the statement and report sent to them under sub-paragraph (3) before the Scottish Parliament.

(9) In paragraph 12 (annual report)—

(a) in sub-paragraph (1) after “Secretary of State” insert “ and the Scottish Ministers ”, and

(b) after sub-paragraph (3) insert—

(4) The Scottish Ministers shall lay a copy of every report sent to them under this paragraph before the Scottish Parliament.

(10) In article 2(2) of the Public Appointments Order in Council 2014 (interpretation) in paragraph (a) of the definition of “appointing authority” after “as the case may be,” insert “ the Scottish Ministers, ”.

Bodies that may be required to attend before the Parliament

66

(1) The Scotland Act 1998 is amended as follows.

(2) After section 23 insert—

(23A) (1) Section 23 applies in relation to requirements imposed on a person in connection with the discharge of the functions of a body mentioned in subsection (2) in relation to Scotland with the omission of— (a) the words after paragraph (b) in subsection (1), and (b) subsections (2) and (6). (2) The bodies are— (a) the Commissioners of Northern Lighthouses, (b) the Office of Communications, and (c) the Gas and Electricity Markets Authority.

Destination of fines, forfeitures and fixed penalties

67

(1) The Scotland Act 1998 is amended as follows.

(2) After section 65 (payments out of the Scottish Consolidated Fund) insert—

(65A) Where an Act of Parliament or subordinate legislation under an Act of Parliament requires or authorises a sum to be paid into the Consolidated Fund, and the sum appears to the Secretary of State to be a fine, forfeiture or fixed penalty, the Secretary of State may with the consent of the Treasury by regulations modify the Act or subordinate legislation so as to require or authorise the sum to be paid instead into the Scottish Consolidated Fund.

(3) In Schedule 7 (procedure for subordinate legislation), in paragraph 1(2) insert at the appropriate place—

Section 65A	Type K

PART 7 — General

Subordinate legislation under functions exercisable within devolved competence

68

(1) Schedule 2 to the Interpretation and Legislative Reform (Scotland) Act 2010 (“the 2010 Act”) (Scottish statutory instruments: transitional and consequential provision) has effect in relation to any function so far as exercisable within devolved competence by virtue of a provision of section 3, 22, 23, 24, 25, 26, 27, 31 or 50, as if references to a “pre-commencement enactment” were to—

(a) an Act passed before or in the same session as the relevant date,

(b) any other enactment passed or made before the relevant date.

(2) Schedule 3 to the 2010 Act (modification of pre-commencement enactments) has effect in relation to devolved subordinate legislation, where the function of making it is exercisable within devolved competence by virtue of a provision of section 3, 22, 23, 24, 25, 26, 27, 31 or 50, as if references to a “pre-commencement enactment” were to—

(a) an Act passed before or in the same session as the relevant date,

(b) any other enactment passed or made before the relevant date.

(3) In this section—

(a) “devolved subordinate legislation” and “enactment” have the same meaning as in Part 2 of the 2010 Act;

(b) references to the exercise of a function being within devolved competence are to be read in accordance with section 54 of the Scotland Act 1998;

(c) in relation to a provision of section 3, 22, 23, 24, 25, 26, 27, 31 or 50, the relevant date for any purpose is the date on which the provision comes into force for that purpose.

Transfers of property etc to the Scottish Ministers

69

In section 60 of the Scotland Act 1998 (transfers to the Scottish Ministers), in subsection (3), after “this Act” insert “ or the Scotland Act 2016 ”.

Transitional provision

70

(1) Nothing in a provision of this Act affects the validity of anything done by or in relation to a Minister of the Crown before the provision comes into force.

(2) Anything (including legal proceedings) which is in the process of being done by or in relation to a Minister of the Crown at the time when a provision of this Act comes into force may, so far as it relates to a function transferred to the Scottish Ministers by virtue of that provision, be continued by or in relation to the Scottish Ministers.

(3) Anything done (or which has effect as if done) by or in relation to a Minister of the Crown—

(a) which is in force when a provision of this Act comes into force, and

(b) which was done for the purposes of or in connection with a function transferred by virtue of that provision,

has effect as if done by or in relation to the Scottish Ministers, so far as that is required for continuing its effect.

(4) This section applies subject to any provision made by regulations under section 71.

(5) In this section “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

Power to make consequential, transitional and saving provision

71

(1) The Secretary of State may by regulations make—

(a) such consequential provision in connection with any provision of Part 1, 3, 4, 5 or 6, or

(b) such transitional or saving provision in connection with the coming into force of any provision of Part 1, 3, 4, 5 or 6,

as the Secretary of State considers appropriate.

(2) Regulations under this section may amend, repeal, revoke or otherwise modify any of the following—

(a) an enactment or an instrument made under an enactment;

(b) a prerogative instrument;

(3) For the purposes of making provision in connection with, or with the coming into force of, a provision of Part 3, subsection (2) applies to an enactment, instrument or document whenever passed or made.

(4) Otherwise, subsection (2) applies to—

(a) an Act of Parliament passed before or in the same session as this Act;

(b) an Act of the Scottish Parliament passed, or an instrument or document made, before the end of the session in which this Act is passed.

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