Modification of the Transfer of Property etc. (Scottish Ministers) Order 1999: benefits for disability and industrial injury; carer’s benefits
This section has no associated Explanatory Memorandum
5.—(1) Article 5 of the Transfer of Property etc. (Scottish Ministers) Order 1999 (transfer of other rights and interests and liabilities)() applies to a function conferred on a Minister of the Crown that satisfies the conditions in paragraph (2) as it applies to a transferred function (within the meaning of article 1(2) of the Order).
(2) The conditions are that the function—
(a)would, but for regulation 3(3), transfer to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 when section 22(2) of the Scotland Act 2016 (disability, industrial injuries and carer’s benefit) comes into force, and
(b)does not, by virtue of—
(i)provision contained in or made under an Act of the Scottish Parliament, or
(ii)provision made under section 104 of the Scotland Act 1998 (power to make provision consequential on legislation of, or scrutinised by, the Scottish Parliament),
transfer to the Scottish Ministers when the period determined in accordance with regulation 4 comes to an end.
(3) For the purposes of paragraph (1), a reference in article 5 of the Order to—
(a)rights and interests belonging to a Minister of the Crown or government department, and liabilities to which a Minister of the Crown or government department is subject, is to those rights and interests, and those liabilities, immediately before the provision referred to in paragraph (2)(b) comes into force;
(b)when a function becomes a transferred function, is to when the period determined in accordance with regulation 4 comes to an end.