The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007

Functions under the 2000 Act

2.—(1) Without prejudice to paragraph 3 of Schedule 1 to the 2000 Order or paragraph 2 of Schedule 1 to the 2003 Order, the functions of the Secretary of State under sections 9(1)(b) and (3), 10(1)(a) and (2) and 15(1) of the 2000 Act (duration, cancellation, modification and renewal of warrants etc. and general safeguards) are, for the purposes of section 63 of the 1998 Act, to be treated as being exercisable in or as regards Scotland if they are exercisable in the class of case mentioned in sub paragraph (2) below.

(2) The class of case referred to in sub paragraph (1) constitutes any case where–

(a) the function is exercisable in relation to a warrant issued under section 5 of the 2000 Act; and

(b) the function of issuing such a warrant is, under paragraph 1 above, to be treated for the purposes of section 63 of the 1998 Act as a case where the function is, for those purposes, treated as being exercisable in or as regards Scotland.