1999 No. 1512

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scotland Act 1998 (Agency Arrangements) (Specification) Order 1999

Made2nd June 1999

Laid before Parliament10th June 1999

Laid before the Scottish Parliament10th June 1999

Coming into force in accordance with article 1(2)

At the Court at Buckingham Palace, the 2nd day of June 1999

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 19981, 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 interpretationI11

1

This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) Order 1999.

2

This Order shall come into force on the principal appointed day2.

3

In this Order—

“the 1998 Act” means the Scotland Act 1998; and
F1..., “Health Board”, “dried milk”, F1..., “beneficiaries”, “suppliers” and, “vitamins” have the same meaning as they have in the Welfare Food Regulations 19963.

Specification of functionsI42

1

The functions conferred on a Minister of the Crown by the enactments specified in Schedule 1 to this Order are hereby specified for the purposes of section 93(1) of the 1998 Act.

2

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

3

The functions of the Scottish Ministers described in Schedule 3 to this Order are hereby specified for the purposes of section 93(1) of the 1998 Act.

A. K GallowayClerk of the Privy Council

SCHEDULE 1FUNCTIONS CONFERRED ON A MINISTER OF THE CROWN

Article 2(1)

I51

Section 4 of the Sea Fish (Conservation) Act 19674 and the Sea Fish Licensing Order 19925 (functions in relation to the licensing of fishing boats).

I62

Sections 18(5), 29(4A), 29(5), 29(6) and 29(7) of the Representation of the People Act 19836 (functions relating to funding arrangements for, and the conduct of, parliamentary elections).

I73

Sections 29(4A), 29(5), 29(6) and 29(7) of the Representation of the People Act 1983 as applied by regulation 3(1) of, and Schedule 1 to, the European Parliamentary Elections Regulations 19997 (functions relating to funding arrangements for elections to the European Parliament).

I84

Sections 29(4A), 29(5), 29(6) and 29(7) of the Representation of the People Act 1983 as applied by article 18 of the Scottish Parliament (Elections etc.) Order 19998 (functions relating to funding arrangements for elections to the Scottish Parliament).

I95

Section 47(1) of the Representation of the People Act 19839 (function relating to determining terms and conditions for loans of equipment for local government elections).

I106

Regulations 43(2) and 55(2) of the Representation of the People (Scotland) Regulations 198610 (functions of directing an adaptation of the electors lists and electoral register in force inconsequence of an alteration of parliamentary polling districts).

I117

Regulation 51(2) of the Representation of the People (Scotland) Regulations 1986 (function of receiving copies of electoral register).

I128

Regulation 12(4) of the Producer Responsibility Obligations (Packaging Waste) Regulations 199711 (function of approving a packaging waste scheme).

I139

Regulation 17(2) of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (function of withdrawal of approval of a packaging waste scheme).

I1410

Regulation 18 of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (function in relation to appeal by an operator of a scheme against refusal or cancellation of registration).

I1511

Regulation 19 of, and Schedule 5 to, the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (function in relation to the procedure of appeals).

I1612

Regulation 20 of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (function in relation to the determination of appeals).

I1713

Article 20(1) of the Scottish Parliament (Elections etc.) Order 1999 (function relating to determining terms and conditions for loans of equipment for Scottish parliamentary elections).

I1814

Article 23(1) of the Scottish Parliament (Elections etc.) Order 1999 (function relating to the giving of directions to the discharge of registration duties).

I1915

Articles 39(4), 40(3)(a), 40(5), 47(1), 47(6), 49(2) and 49(3)(b) of the Scottish Parliament (Elections etc.) Order 1999 (functions relating to the receipt of various returns and declarations in relation to election expenses).

I2016

Article 55(2) and (3) of the Scottish Parliament (Elections etc.) Order 1999 (functions relating to the publication of notice of time and place of inspection of returns and declarations in relation to election expenses).

I2117

Article 57(1) and (4) of the Scottish Parliament (Elections etc.) Order 1999 (functions relating to the making available for inspection various returns and declarations in relation to election expenses).

I2218

Paragraph 20(4) of Schedule 4 to the Scottish Parliament (Elections etc.) Order 1999 (function in relation to the receipt of returns relating to postal ballot papers).

I2319

Paragraph 1(2) of Schedule 7 to the Scottish Parliament (Elections etc.) Order 1999 (function in relation to the determination of questions about the use of rooms in school premises for election meetings).

SCHEDULE 2FUNCTIONS EXERCISABLE BY THE SCOTTISH MINISTERS

Article 2(2)

I241

Section 4 of the Sea Fish (Conservation) Act 1967 and the Sea Fish Licensing Order 1992(functions in relation to the licensing of fishing boats).

F42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I254

Section 16(11) of the Food and Environment Protection Act 1985 (functions of requiring the provision of information by importers, exporters, manufacturers, distributors or users of a pesticide).

I265

Section 16(13A) of the Food and Environment Protection Act 198513 (function in relation to the recovery of expenses).

I276

Section 18 of the Food and Environment Protection Act 198514 (functions in relation to approval fees and other payments).

I287

Regulation 5 of the Control of Pesticides Regulations 198615 (functions in relation to approvals for the advertisement, sale, supply, storage and use of pesticides).

I298

Regulation 6 of, and Schedules 1 to 4 to, the Control of Pesticides Regulations 198616 (functions in relation to consents to the advertisement, sale, supply, storage and use of pesticides and in relation to conditions to which such consents are made subject).

I309

Section 30 of the Jobseekers Act 199517 (function of paying grants to such persons as are considered appropriate in relation to expenditure in connection with the provision or maintenance of resettlement places).

I3110

Regulations 12(2) and 15(2) of the Welfare Food Regulations 199618 (function of making payments to beneficiaries).

I3211

Regulations 16 and 20 of the Welfare Food Regulations 1996 (function of reimbursing suppliers of milk to Scottish beneficiaries and to children in day care).

I3312

Regulation 5 of the Plant Protection Products (Basic Conditions) Regulations 199719 (functions in relation to approvals for the advertisement of prescribed plant protection products).

I3413

Regulation 6 of the Plant Protection Products (Basic Conditions) Regulations 1997 (functions in relation to approvals for the storage of prescribed plant protection products).

I3514

Regulation 7 of, and Schedules 1 to 4 to, the Plant Protection Products (Basic Conditions) Regulations 1997 (functions in relation to consents to the advertisement, sale, supply, storage and use of prescribed plant protection products and in relation to conditions to which such consents are made subject).

I3615

Section 2(2) of the Road Traffic (NHS Charges) Act 199920 (function relating to the issue of certificates of NHS charges for the treatment of road traffic accident victims).

I3716

Sections 5(2), 5(3), 13(1) and 13(2) of the Road Traffic (NHS Charges) Act 1999(functions relating to the recovery and payment to hospitals of, NHS charges for treatment of road traffic accident victims).

SCHEDULE 3FUNCTIONS OF THE SCOTTISH NIINISTERS

Article 2(3)

I21

Function of reimbursing F2... a Health Board for tokens exchanged for dried milk F2... in connection with the Welfare Food Regulations 1996.

I32

Function of paying suppliers' invoices for the supply of vitamins to F3a Health Board in connection with the Welfare Food Regulations 1996.

(This note is not part of the Order)

This Order specifies certain functions of a Minister of the Crown and 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 for any of their specified functions to be exercised on their behalf by a Minister of the Crown.

The functions of a Minister of the Crown which may be exercised by the Scottish Ministers on his behalf are those conferred by the enactments specified in Schedule 1 to this Order.

The statutory functions of the Scottish Ministers which may be exercised by a Minister of the Crown on their behalf are those exercisable by the Scottish Ministers under the enactments specified in Schedule 2 to this Order.

The non-statutory functions of the Scottish Ministers which may be exercised by a Minister of the Crown on their behalf are described in Schedule 3 to this Order.

This Order will come into force on the principal appointed day. That day is 1st July 1999 by virtue of the Scotland Act 1998 (Commencement) Order 1998 (S.I.1998/3178).