The Scotland Act 1998 (Agency Arrangements) (Specification) Order 2000

Statutory Instruments

2000 No. 745

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scotland Act 1998 (Agency Arrangements) (Specification) Order 2000

Made

15th March 2000

Laid before Parliament

23rd March 2000

Laid before the Scottish Parliament

23rd March 2000

Coming into force

1st May 2000

At the Court at Buckingham Palace, the 15th day of March 2000

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by sections 93(3) and 113 of the Scotland Act 1998(1), and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) Order 2000 and shall come into force on 1st May 2000.

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

Specification of functions

2.—(1) The functions exercisable by the Scottish Ministers under the enactments mentioned in the Schedule to this Order are hereby specified for the purposes of section 93(1) of the 1998 Act.

(2) The functions of the Scottish Ministers in respect of Creutzfeld-Jakob Disease surveillance and related activities are hereby specified for the purposes of section 93(1) of the 1998 Act.

A.K. Galloway

Clerk of the Privy Council

SCHEDULE FUNCTIONS EXERCISABLE BY THE SCOTTISH MINISTERS

1.  Section 109(1) of the Medicines Act 1968(2).

2.  Section 7(2A) of the Wildlife and Countryside Act 1981(3) (function of determining a charge and charging for registration).

3.  Regulation 3(1) of the Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) Regulations 1982(4) (function of maintaining a register of birds).

4.  Regulation 3(2) of the Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) Regulations 1982 (function of issuing form of application for registration).

5.  Regulation 3(3) of the Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) Regulations 1982 (function of registering birds if satisfied as to ringing).

6.  Regulation 4(2)(d)(ii)(5) of the Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) Regulations 1982 (function of receiving written notice of a change of address at which a bird is to be kept).

7.  Regulation 5(1) of the Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) Regulations 1982(6) (function of issuing rings).

8.  Regulation 5(2) of the Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) Regulations 1982 (function of issuing form of declaration of ringing).

Explanatory Note

(This note is not part of the Order)

This Order specifies certain functions of the Scottish Ministers for the purposes of section 93(1) of the Scotland Act 1998. Section 93(1) allows a Minister of the Crown to make arrangements for any of his specified functions to be exercised on his behalf by the Scottish Ministers and allows the Scottish Ministers to make arrangements forany of their specified functions to be exercised on their behalf by a Minister of the Crown.

The functions of the Scottish Ministers which are specified by this Order are–

(a) those exercisable by the Scottish Ministers under the enactments specified in the Schedule to this Order, which are functions relating to enforcement of provisions relating to medicine and the registration and ringing of certain captive birds; and

(b) non-statutory functions relating to Creutzfeld-Jakob Disease surveillance.

(1)

1998 c. 46.

(2)

1968 c. 67. The functions of the Secretary of State under section 109(1) of the 1968 Act were transferred to the Scottish Ministers by article 2 of, and Schedule 1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750).

(3)

1981 c. 69. Section 7(2A) was inserted by the Birds (Registration Charges) Act 1997 (c. 55).

(4)

S.I. 1982/1221.

(5)

Regulation 4(2)(d)(ii) was inserted by S.I. 1991/478.

(6)

Regulation 5(1) was amended by S.I. 1994/1152.