The Scotland Act 1998 (Modification of Functions) Order 1999

Made: 24th June 1999

Coming into force in accordance with article 1(1)

Now, therefore, in exercise of the powers conferred upon me by sections 106, 112(1), and 113 of that Act and of all other powers enabling me in that behalf, and having consulted the Scottish Ministers in accordance with section 106(4) of that Act, I hereby make the following Order:

Citation, commencement, interpretation and application

1

• (1) This Order may be cited as the Scotland Act 1998 (Modification of Functions) Order 1999 and shall come into force immediately before the principal appointed day[^f00002].

• (2) In this Order–

• “the 1998 Act” means the Scotland Act 1998;

• “agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds and the use of land for woodlands where that is ancillary to the farming of land for other purposes and “agricultural” shall be construed accordingly;

• “the Agriculture Acts” means any enactments for the time being in force relating to agriculture or agricultural products;

• “Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995[^f00003] and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging; to

• “the Sea Fisheries Acts” means any enactments for the time being in force relating to sea-fishing, including any enactment relating to fishing in the sea for shellfish, salmon or migratory trout but excluding any Order in Council under section 111 of the 1998 Act.

• (3) This Order is to be treated as a pre-commencement enactment for the purposes of the 1998 Act.

Modification of functions: General

2

For the purpose of enabling or otherwise facilitating the transfer of a function to the Scottish Ministers by virtue of section 53 or 63 of the 1998 Act, the enactments mentioned in the Schedule to this Order are hereby modified to the extent specified in that Schedule.

Modification of Ministerial functions relating to sea fisheries, aquaculture and agriculture

3

So far as a function under the Sea Fisheries Acts is exercisable by a Minister of the Crown–

• (a) in relation to fishing in the Scottish zone, or

• (b) in relation to fishing outside that zone by Scottish fishing boats,

it shall be treated as exercisable in or as regards Scotland and may be exercised separately.

4

So far as a function under any other enactment is exercisable by a Minister of the Crown in relation to aquaculture, fish health or fish disease in the Scottish zone, it shall be treated as exercisable in or as regards Scotland and may be exercised separately.

5

So far as a function under assimilated law, or to which section 53(2)(a) of the 1998 Act applies, is exercisable by a Minister of the Crown–

• (a) in relation to fishing or aquaculture in the Scottish zone, or

• (b) in relation to fishing outside that zone by Scottish fishing boats,

• (c) in relation to any fish or aquaculture organisation applying for recognition as a producers' Organisation, or recognised as such in accordance with assimilated law, whose area covered by the application for recognition, in so far as within the United Kingdom or British fishery limits, is wholly or mainly within Scotland or the Scottish zone,

it may be exercised separately.

6

So far as a function of a Minister of the Crown to which articles 3 to 5 do not apply–

• (a) under the Sea Fisheries Acts,

• (b) under any enactment relating to aquaculture, fish health or fish disease,

• (c) under assimilated law, or to which section 53(2)(a) of the 1998 Act applies, relating to fishing or aquaculture or fishing or aquaculture products,

is exercisable in or as regards Scotland it may be exercised separately.

7

• (1) So far as a specified function under EU law, or a function to which section 53(2)(a) of the 1998 Act applies, is exercisable by a Minister of the Crown in relation to a Scottish farmer it may be exercised separately.

• (2) In this article–

• “Scottish farmer” means a farmer whose holding is situated wholly or partly in Scotland and “farmer” and “holding” shall have the same meaning as in Article 1.4 of Council Regulation 3508/92 establishing an integrated administration and control system for certain Community aid schemes; and

• “specified function under EU law” means any function related to the implementation of any legislative instrument of the European Union adopted in pursuance of its common agricultural policy, which applies in relation to agricultural activities by reference to a holding.

Savings and transitional provision

8

• (1) The modification by this Order of any function exercisable by a Minister of the Crown 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 coming into force of this Order.

• (2) A requirement imposed by any of the following enactments, namely–

• (a) section 53(1A) of the Sex Discrimination Act 1975[^f00005];

• (b) section 43(1A) of the Race Relations Act 1976[^f00006];

• (c) paragraph 2(1A) of Schedule 8 to the Broadcasting Act 1990[^f00007];

• (d) paragraph 3(3A) of Schedule 5 to the Disability Discrimination Act 1995[^f00008]; and

• (e) paragraph 3(1A) of Schedule 3 to the Broadcasting Act 1996[^f00009],

shall not apply in relation to any appointment of a Commissioner or member of the relevant body made before the appointment of the successor of the Commissioner or member of that body who holds office on 1st July 1999 and who is designated for that purpose by the Secretary of State.

SCHEDULE

Pipe-lines Act 1962 (c. 58)

1

The Secretary of State’s functions under sections 1, 4, 5, 9, 9A, 10, 11, 12, 13 (except subsection (7)), 15, 26A, 35, 36, 38, 39(2), 43 and 44 of, and Schedules 1 and 2 to, the Pipe-lines Act 1962[^f00010] so far as relating to pipe-lines which begin and end in Scotland shall be treated as exercisable in or as regards Scotland and may be exercised separately.

Nuclear Installations Act 1965 (c. 46)

2

In section 23(2)(b) of the Nuclear Installations Act 1965 (registration in connection with certain occurrences), after “concerned” there is inserted “or where any part of the Scottish Administration is concerned the Minister”.

Forestry Act 196 7 (c. 10)

3

In section 8A[^f00011] of the Forestry Act 1967 (general duty of Ministers), for “of Great Britain” there is substituted “of England and Wales and the Scottish Ministers shall have regard to the national interest in maintaining and expanding the forestry resources of Scotland”.

Chronically Sick and Disabled Persons Act 1970 (c. 44)

4

The functions of the Ministers of the Crown under section 21(7) of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons) shall be treated as exercisable in or as regards Scotland and may be exercised separately.

Sex Discrimination Act 1975 (c. 65)

5

In section 53 of the Sex Discrimination Act 1975 (Equal Opportunities Commission), after subsection (1) there is inserted–

(1A) One of the Commissioners shall be a person who appears to the Secretary of State to have special knowledge of Scotland.

Race Relations Act 1976 (e. 74)

6

In section 43 of the Race Relations Act 1976 (Commission for Racial Equality), after subsection (1) there is inserted–

(1A) One of the Commissioners shall be a person who appears to the Secretary of State to have special knowledge of Scotland.

National Heritage Act 1980 (c. 17)

7

• (1) In section 9 of the National Heritage Act 1980 (disposal of property accepted by Commissioners), at the end there is inserted–

(8) The functions of the Ministers under this section in relation to the disposal or transfer of property in which there is a Scottish interest may be exercised separately. (9) For the purposes of subsection (8) a Scottish interest in the property exists where– (a) the property is located in Scotland; (b) the person liable to pay the tax has imposed a condition on his offer of the property in satisfaction of tax that it be displayed in Scotland or disposed of or transferred to a body or institution in Scotland; or (c) only a body or institution. in Scotland has expressed an interest in acquiring the property; or (d) a body or institution in Scotland and another body or institution have expressed an interest in acquiring the property.

• (2) In section 16 of the National Heritage Act 1980 (indemnities for objects on loan), at the end add–

(8) The power of either of the Ministers to give an undertaking under this section regarding any object lost or damaged while on loan to an institution, body or person in Scotland may be exercised separately.

• (3) In section 16A[^f00012] of the National Heritage Act 1980 (reporting of indemnities) at the end add–

(4) The duties of each of the Ministers under subsections (1) and (2) in relation to undertakings given under section 16 above regarding any object lost or damaged while on loan to an institution, body or person in Scotland may be exercised separately.

Inheritance Tax Act 1984 (c. 51)

8

In section 230 of the Inheritance Tax Act 1984 (acceptance of property in satisfaction of tax), at the end there is inserted–

(6) The functions of the Ministers under this section in relation to the acceptance, in satisfaction of tax, of property in which there is a Scottish interest may be exercised separately. (7) For the purposes of subsection (6) a Scottish interest in the property exists– (a) where the property is located in Scotland; or (b) the person liable to pay the tax has expressed a wish or imposed a condition on his offer of the property in satisfaction of tax that it be displayed in Scotland or disposed of or transferred to a body or institution in Scotland.

Business Names.4ct 1985 (c. 7)

9

The function of the Secretary of State under section 2 of the Business Names Act 1985 (prohibition of use of certain business names) so far as relating to an individual to whom that Act applies who–

• (a) has a place of business in Scotland; and

• (b) carries on business in Scotland under a name to which either paragraphs (a) or (b) of subsection (1) of that section applies,

shall be treated as exercisable in or as regards Scotland and may be exercised separately.

Food and Environment Protection Act 1985 (c. 48)

10

• (1) The Food and Environment Protection Act 1985[^f00013] is amended as follows.

• (2) In section 1(2) for the definition of “designating authority” there is substituted–

• “designating authority” in relation to England and Wales means the Minister of Agriculture, Fisheries and Food and, in relation to Scotland and the Scottish zone means the Secretary of State; and the functions of that authority in relation to Scotland and the Scottish zone shall be treated as exercisable in or as regards Scotland and may be exercised separately

• (3) In section 1(2) the word “and” is omitted and at the end there is inserted–

• ; and
• “Scottish zone” has the meaning assigned to it by section 126(1) of the Scotland Act 1998.

• (4) In section 1(4) for “The Ministers may jointly” there is substituted “A designating authority may”.

• (5) In section 2 for the words “Either of the Ministers”, “either of the Ministers” and “the Minister”, in each place where they appear, there is substituted “A designating authority”, “a designating authority” and “the designating authority”, respectively.

• (6) In section 3 for the words “Either of the Ministers” and “the Minister's” wherever they appear there is substituted “A designating authority” and “the designating authority's”.

• (7) In subsection (1) of section 7 (exemptions) for “The Ministers may jointly” there shall be substituted “A licensing authority may”.

• (8) In section IO (power to take remedial action)–

• (a) in subsection (1) for “Either of the Ministers” there shall be substituted “A licensing authority”; and

• (b) in subsection (2) for “either of the Ministers” and “the Minister” there shall be substituted “a licensing authority” and “the licensing authority” respectively.

• (9) In section 11(1) (enforcement) for “Either of the Ministers” there shall be substituted “A licensing authority”.

• (10) In section 12(1) (enforcement of conventions) for “The Ministers may jointly” there shall be substituted “A licensing authority may”.

• (11) In section 24(1)–

• (a) there shall be inserted before the definition of “agricultural” the following–

• “adjacent to Scotland”, in relation to United Kingdom waters or United Kingdom controlled waters, means–those waters so far as lying within the Scottish zone; andUnited Kingdom controlled waters outside that zone, which are nearer to any point on the baselines from which the breadth of the territorial sea adjacent to Scotland is measured than to any point on the baselines in any other part of the United Kingdom;

• (b) for the definition of “licensing authority” there shall be substituted–

• “licensing authority” means,in relation to England and Wales whichever of the Ministers is responsible for fisheries in the place where an operation to which a licence would relate would, or have been, be carried out or commenced and,in relation to Scotland–as regards operations, so far as relating to oil and gas exploration and exploitation, to which a licence would relate and which would be, or have been, carried out in United Kingdom waters, or United Kingdom controlled waters, adjacent to Scotland but lying outside controlled waters within the meaning of section 3OA(1) of the Control of Pollution Act 1974[^f00014] or which commence in Scotland, the Secretary of State;as regards operations falling within the subject matter of Part VI of the Merchant Shipping Act 1995[^f00015], to which a licence would relate and which would be, or have been, carried out in United Kingdom waters, or United Kingdom controlled waters, adjacent to Scotland, the Secretary of State;as regards any other operations to which a licence would relate and which would be, or have been, carried out in United Kingdom waters, or United Kingdom controlled waters, adjacent to Scotland or which commence in Scotland, the Secretary of State and the functions of that authority under this sub-paragraph shall be treated as exercisable in or as regards Scotland and may be exercised separately;

and

• (c) after the definition of “plants” there shall be inserted the following–

• “Scottish zone” has the meaning assigned to it by section 126(1) of the Scotland Act 1998;

• (12) In paragraph 3 of Schedule 1 the words “anywhere in the United Kingdom or in United Kingdom waters” are omitted.

• (13) After paragraph 3 of Schedule 1 there is inserted–

(4) A prohibition of a kind specified in paragraph 3 above shall apply in every part of the United Kingdom and United Kingdom waters.

Scotch Whisky Act 1988 (c. 22)

11

The functions of the Ministers under sections 2 and 3 of the Scotch Whisky Act 1988 shall be treated as exercisable in or as regards Scotland and may be exercised separately.

Broadcasting Act 1990 (c. 42)

12

• (1) The functions of the Secretary of State under paragraph 15(1) of Schedule 1, paragraph 15(1) of Schedule 8 and paragraph 12(3) of Schedule 19 to the Broadcasting Act 1990(annual reports of certain broadcasting bodies) shall be treated as exercisable in or as regards Scotland and may be exercised separately.

• (2) In Schedule 8 to that Act (Radio Authority: supplementary provisions) in paragraph 2 (appointment of members) after sub-paragraph (1) there is inserted–

(1A) One of the members of the Authority other than the chairman and deputy chairman shall be a person who appears to the Secretary of State to be suited to make the interests of Scotland his special care.

Further and Higher Education Act 1992 (c. 13)

13

In section 82 of the Further and Higher Education Act 1992 (joint exercise of functions) after sub-section (2) there is inserted–

(2A) The power of the Secretary of State to give directions under subsection (2) above shall, as regards the Scottish Higher Education Funding Council, be treated as exercisable in or as regards Scotland and may be exercised separately.

Museums and Galleries Act 7992 (c. 44)

14

In section 6 of the Museums and Galleries Act 1992 (transfers of objects between institutions), at the end add–

(8) The power of the Secretary of State to make an order under subsection (6) may, for the purpose of this section’s application to transfers of objects by bodies in Scotland, be exercised separately.

National Lottery etc. Act 1993 (c. 39)