Scotland Act 1998 Explanatory Notes

Executive devolution

The following functions have been included in the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750).

The Nuclear Installations Act 1965 (c.57):

(a)

section 2;

The function of the Secretary of State as “the Minister” to grant permits, and ancillary powers.

(b)

sections 6 and 17(1) and (4);

The function of the Secretary of State as “the Minister” to maintain a list of licensed sites.

The functions of the Secretary of State as “the Minister” to certify certain matters relating to jurisdiction, shared liability and foreign judgements.

(c)

section 19(1), (3) and (4);

The functions of the Secretary of State as “the Minister” in relation to special cover for the licensee’s liability.

(d)

section 20; and

The functions of the Secretary of State as “the Minister” in relation to furnishing of information relating to the licensee’s cover.

(e)

section 23.

The function of the Secretary of State as “the Minister” to order registration of particulars of a person.

The following functions have been made exercisable by a Minister of the Crown subject to a requirement for agreement of or consultation with the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750).

The Nuclear Installations Act 1965 (c.57), sections 1(1)(b) and (2), 16(1) and (1A), 18(1B), 21(1A) and (3) and 22(1) and (2), and in section 26(1) the definitions of “excepted matter” and “nuclear matter”.

Section 1(1)(b) - The function of the Secretary of State to prescribe a class or description of installation.

Section 16(1A) - The function of the Secretary of State with the approval of the Treasury by order to increase or further increase either or both of the amounts specified in section 16(1) (limits on the aggregate amount of compensation).

The Nuclear Installations Act 1965 (c.57), sections 1(1)(b) and (2), 16(1) and (1A), 18(1B), 21(1A) and (3) and 22(1) and (2), and in section 26(1) the definitions of “excepted matter” and “nuclear matter” (contd.).

Section 18(1B) - The function of the Secretary of State with the approval of the Treasury by order to increase or further increase the sum expressed in special drawing rights in section 18(1A).

Section 21(1A) - The function of the Secretary of State with the approval of the Treasury by order to increase or further increase the sum expressed in special drawing rights in section 21(1).

Section 22(1) - The function of the Secretary of State to prescribe a class or description of occurrence.

Section 22(2) - The function of the Secretary of State to prescribe persons to whom an occurrence is to be reported.

Section 26(1) - The function of the Secretary of State to prescribe exemptions, and to prescribe other fissile material.

Back to top