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 Broadcasting Act 1990 (c.42), section 183.

The function of the Secretary of State to pay to the  Independent Television Commission for each financial year such amount as he may, with the approval of the Treasury, determine to be appropriate for the purposes of the section which is the financing of television and sound programmes in Gaelic out of the Gaelic Broadcasting Fund.

The following functions have been made concurrently exercisable by a Minister of the Crown and the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750).

The Broadcasting Act 1990 (c.42), Schedule 1, paragraph 15(1), Schedule 8, paragraph 15(1) and Schedule 19, paragraph 12(3).

Schedule 1, paragraph 15(1) - The functions of the Secretary of State:

(a)

of receiving from the Independent Television Commission a general report of their proceedings during each financial year; and

(b)

of laying copies of each such report before each House of Parliament.

Schedule 8, paragraph 15(1) - The functions of the Secretary of State:

(a)

of receiving from the Radio Authority a general report of their proceedings during each financial year; and

(b)

of laying copies of each such report before each House of Parliament.

Schedule 19, paragraph 12(3)

The functions of the Secretary of State of receiving the Gaelic Television Committee’s annual report and of laying a copy of the report before Parliament.

The Broadcasting Act 1996 (c.55), section 125(1).

The functions of the Secretary of State:

(a)

of receiving from the Broadcasting Standards Commission a report of their proceedings during each financial year; and

(b)

of laying copies of each such report before each House of Parliament.

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 Broadcasting Act 1990(c.42):

(a)

section 1(2)(b), as read with paragraph 2(3) of Schedule 1;

Section 1(2)(b), as read with paragraph 2(3) of Schedule 1 - the function of the Secretary of State of appointing a member of the Independent Television Commission suited to make the interest of Scotland his special care.

(b)

section 83(2)(b), as read with paragraph 2(1A) of Schedule 8.

Section 83(2)(b) as read with paragraph 2(1A) of Schedule 8 - The function of the Secretary of State, in appointing members of the Radio Authority under section 83, to appoint a member who appears to him to be suited to make the interests of Scotland his special care.

The Broadcasting Act 1996 (c.55), section 106(2)(c), as read with paragraph 3(1A) of Schedule 3.

Section 106(2)(c), as read with paragraph 3(1A) of Schedule 3 - the function of the Secretary of State of appointing members of the Broadcasting Standards Commission, but only so far as relating to appointment of a member suited to make the interests of Scotland his special care.

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