The Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999

PART II MODIFICATIONS

Modification of application of section 88 of the Act

2.—(1) Section 88(1) of the Act shall not apply in relation to any function under section 16 of the 1981 Act which is specifically exercisable in relation to the Authority.

(2) Section 88(2)(a) of the Act shall not apply in relation to the appointment or removal of members, or of the chairman or deputy chairman, of the Authority under section 1 of, and paragraph 5 of Schedule 1 to, the 1981 Act.

(3) Section 88(2)(b) of the Act shall not apply in relation to the exercise by a Minister of the Crown of any other function under the 1981 Act which is specifically exercisable in relation to the Authority.

(4) Section 88(3) of the Act shall not apply in relation to the following reports laid before Parliament or each House of Parliament, under the provisions of the 1981 Act specified–

(a) any statement setting out directions under section 2(4);

(b) any statement as to a guarantee, any sums paid in fulfilment of a guarantee, or sums remaining to be repaid, under section 9(2), (3) or (4); and

(c) copies of the report of the Authority for any financial year, the statement of accounts, and the auditor’s report, under section 11(8).

Modification of the 1981 Act

3.—(1) The 1981 Act is amended as follows.

(2) In each of sections 2(4) (duties of the Authority), 9(2) and (3) (Government guarantees) and 11(8) (accounts and reports), after “Parliament” there is inserted “, and the Scottish Ministers shall lay before the Scottish Parliament,”.

(3) In section 2(5), after “Crown” there is inserted “or by the Scottish Ministers”.

(4) In section 9(4), after “Parliament” there is inserted “, and the Scottish Ministers shall lay before the Scottish Parliament,”.

(5) In section 11(9) for “and the Comptroller and Auditor General” there is substituted “, the Comptroller and Auditor General and the Auditor General for Scotland”.

(6) In section 14(1) (interpretation of Part I), for the definition of “the Ministers” there is substituted–

• ““the Ministers” means–

  (a)

  except as provided for in paragraphs (b) and (c) below, the Minister of Agriculture, Fisheries and Food, the Scottish Ministers and the Secretaries of State respectively concerned with the sea fish industry in Wales and Northern Ireland;

  (b)

  in relation to laying any report, accounts or statement before Parliament or each House of Parliament under sections 2(4), 9(2), (3) and (4), and 11(8), the said Minister and the said Secretaries of State; and

  (c)

  in relation to making an order or, as the case may be, regulations under sections 4(2) or (7), 6(2) or (4) or 7(3), the said Minister and the said Secretaries of State, with the agreement of the Scottish Ministers.”.