The Scotland Act 1998 (Concurrent Functions) Order 1999

Citation and commencement

1.  This Order may be cited as the Scotland Act 1998 (Concurrent Functions) Order 1999 and shall come into force on the principal appointed day(1).

Interpretation

2.—(1) In this Order—

“the 1998 Act” means the Scotland Act 1998;

“British fishing boat” means a fishing boat, other than a Scottish fishing boat, which is registered in the United Kingdom or is British-owned; and

“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995(2) and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging.

(2) In this Order, unless the context otherwise requires—

(a) a reference to a numbered section is a reference to the section so numbered in the 1998 Act; and

(b) a reference to a numbered Schedule is a reference to the Schedule to this Order so numbered.

Concurrent functions

3.—(1) Despite its transfer to the Scottish Ministers by virtue of section 53, any specified function shall be exercisable by the person by whom it was exercisable immediately before that transfer as well as by the Scottish Ministers.

(2) In paragraph (1), “specified function” means a function conferred by an enactment mentioned in column 1 of Schedule 1 but, if there is a corresponding entry in column 2 of that Schedule, it means that function so far as it is exercisable to the extent specified in column 2.

(3) Despite the transfer to the Scottish Ministers by virtue of section 53 of any function described in Schedule 2, that function shall be exercisable by a Minister of the Crown as well as by the Scottish Ministers.

John Reid

Secretary of State for Scotland

St Andrew’s House,

Edinburgh

7th June 1999