SCHEDULE 1FUNCTIONS EXERCISABLE IN OR AS REGARDS SCOTLAND: GENERAL
Wireless Telegraphy Act 1949 (c. 54)I11
1
The function of the Secretary of State under F1section 5(1)(b) of the 1949 Act (misleading messages and interception and disclosure of messages) is, for the purposes of section 63 of the 1998 Act, to be treated–
a
as a function exercisable in or as regards Scotland if it is exercisable in the class of case mentioned in sub-paragraph (2) below; but
b
as otherwise not being exercisable in or as regards Scotland.
2
The class of case mentioned in this sub-paragraph constitutes any case where an authorisation of the Secretary of State under F2section 5(1)(b) of the 1949 Act would authorise a person–
a
to use any wireless telegraphy apparatus with intent to obtain information as to the contents, sender or addressee of any message (whether sent by means of wireless telegraphy or not) F3of which neither the person using the apparatus nor a person on whose behalf he is acting is an intended recipient where–
i
the person authorised to use the wireless telegraphy apparatus is in Scotland; and
ii
the person who is the sender or addressee of any such message is, or is reasonably believed by the person authorised to use the wireless telegraphy apparatus to be, located in Scotland when the apparatus is used with intent to obtain information as to the contents, sender or addressee of the message; and
b
to disclose any information as to the contents, sender or addressee of any such message.
Pharmacy Act 1954 (c. 61)F82
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Medicines Act 1968 (c. 67)I23
1
The function of the Ministers under section 2 of the Medicines Act 1968 of appointing members of the Medicines Commission is to be treated, for the purposes of section 63 of the 1998 Act, as exercisable in or as regards Scotland.
2
The function of the Ministers, the Health Ministers or the Agriculture Ministers under section 4(1) and (5) of the Medicines Act 1968 of establishing committees and appointing the members and chairmen of such committees is to be treated, for the purposes of section 63 of the 1998 Act, as exercisable in or as regards Scotland.
Taxes Management Act 1970 (c. 9)F94
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Data Protection Act 1984 (c. 35)I35
The Secretary of State’s functions under section 3(3)(a) and (b) of the Data Protection Act 1984 (c. 35)17 (functions of being consulted by the Lord Chancellor on appointments of chairman and deputy chairman of the Data Protection Tribunal) are to be treated, for the purposes of section 63 of the 1998 Act, as being exercisable in or as regards Scotland.
Interception of Communications Act 1985 (c. 56)F46
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Transport Act 1985 (c. 67)I47
The Secretary of State’s functions under paragraph 15 of Schedule 419 to the Transport Act 1985 (function of being consulted by the Lord Chancellor on appointments of president and chairman of the Transport Tribunals removal of such persons from office and determining their terms and conditions) are to be treated, for the purposes of section 63 of the 1998 Act, as being functions which are exercisable in or as regards Scotland.
Building Societies Act 1986 (c. 53)F58
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Financial Services Act 1986 (c. 60)F69
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Copyright, Designs and Patents Act 1988 (c. 48)I510
The Secretary of State’s functions under sections 145 and 150 of the Copyright, Designs and Patents Act 1988 (c. 48)20 (functions of being consulted by the Lord Chancellor on appointments of chairman and deputy chairman of the Copyright Tribunal and on rules for regulating proceedings before that Tribunal) are to be treated, for the purposes of section 63 of the 1998 Act, as being exercisable in or as regards Scotland.
Education (Student Loans) Act 1990 (c. 6)I611
The Secretary of State’s functions under the Education (Student Loans) Act 199021 are to be treated, for the purposes of section 53 of the 1998 Act, as exercisable in or as regards Scotland only where they relate to a loan–
a
to a student whose earliest available home address in the computer records of the Student Loans Company Limited as at 1st July 1999 is in Scotland; or
b
to a student who obtains a loan for the first time after 1st July 1999 and who gives an address in Scotland as the home address in the first application for a loan.
Child Support Act 1991 (c. 48)I712
The Secretary of State’s functions under sections 22(3), 24(9), 25(6) and 45(6) of and paragraph 7 of Schedule 4 to, the Child Support Act 1991 (c. 48) (functions of being consulted by the Lord Chancellor on regulations about proceedings before the Child Support Commissioners, and about appeals to and from those Commissioners; on orders abolishing appeal tribunals, and on removal of those Commissioners and appointments of deputy Child Support Commissioners), are to be treated, for the purposes of section 63 of the 1998 Act, as being exercisable in or as regards Scotland.
Social Security Administration Act 1992 (c. 5)I813
The Secretary of State’s functions under sections 51, 52 and 189(10) of, and paragraph 1 of Schedule 2 to, the Social Security Administration Act 1992 (c. 5)22 (functions of being consulted by the Lord Chancellor on appointments of President and chairman of tribunals and deputy Social Security Commissioners; on regulations under the Act generally; and on removal of Social Security Commissioners or the President or a chairman of tribunals) are to be treated, for the purposes of section 63 of the 1998 Act, as being exercisable in or as regards Scotland.
Finance (No.2) Act 1992 (c. 48)I914
The function of the Secretary of State under section 75(1) of the Finance (No.2) Act 1992 (c. 48) (function of consenting to regulations by the Lord Chancellor providing for Commissioners to hold office by a different name) is to be treated, for the purposes of section 63 of the 1998 Act, as being exercisable in or as regards Scotland.
Intelligence Services Act 1994 (c. 13)I1015
1
The function of the Secretary of State under section 5 of the Intelligence Services Act 1994 (warrants: general) is, for the purposes of section 63 of the 1998 Act, to be treated–
a
as being exercisable in or as regards Scotland if it is exercisable in the class of case mentioned in sub-paragraph (2) below; but
b
as otherwise not being exercisable in or as regards Scotland.
2
The class of case mentioned in this sub-paragraph constitutes any case where the warrant under section 5 of the said Act of 1994 would authorise–
a
the taking of action in respect of heritable property situated in Scotland or any moveable property which is located, or is reasonably believed by the Secretary of State to be located, in Scotland at the time when the warrant is issued; or
b
the taking of action in respect of interference with wireless telegraphy where the action amounting to interference takes place in Scotland.
3
Any function of the Secretary of State under section 6(3) or (4) of the said Act of 1994 (warrants: procedure and duration, etc.) is, for the purposes of section 63 of the 1998 Act, to be treated–
a
as being exercisable in or as regards Scotland if it is exercisable in the class of case mentioned in sub-paragraph (4) below; but
b
as otherwise not being exercisable in or as regards Scotland.
4
The class of case mentioned in this sub-paragraph constitutes any case where–
a
the function is exercisable in relation to a warrant issued under section 5 of the said Act of 1994; and
b
the function of issuing such a warrant is, under sub-paragraphs (1) and (2) above, to be treated for the purposes of section 63 of the 1998 Act as a case where the function is, for those purposes, treated as being exercisable in or as regards Scotland.
Value Added Tax Act 1994 (c. 23)I1116
The Secretary of State’s functions under paragraphs 2, 3 and 9 of Schedule 12 to the Value Added Tax Act 1994 (c. 23) (functions of being consulted by the Lord Chancellor on appointment of President of VAT tribunals, on his continuation in, or removal from, office and on rules for procedure before VAT tribunals) are to be treated, for the purposes of section 63 of the 1998 Act, as being exercisable in or as regards Scotland.
Trade Marks Act 1994 (c. 26)I1217
The Secretary of State’s functions under section 77(4) of the Trade Marks Act 1994 (c. 26) (function of being consulted by the Lord Chancellor on appointments as persons to hear appeals under the Act and removal of such persons from office) are to be treated for the purposes of section 63 of the 1998 Act, as being exercisable in or as regards Scotland.
Reserve Forces Act 1996 (c. 14)I1318
The functions of the Lord Chancellor and the Secretary of State under sections 90(1) and (3) and 91(1) and (3) of the Reserve Forces Act 1996 (c. 14) (functions of appointing panels of chairmen and ordinary members of reserve forces appeal tribunals and determining their terms of office) are to be treated for the purposes of section 63 of the 1998 Act, as being exercisable in or as regards Scotland.
Social Security Act 1998 (c. 14)I1419
The Secretary of State’s functions under sections 5(1) and 79(2) of, and paragraph 1(4) of Schedule 1 and paragraph 8 of Schedule 4 to, the Social Security Act 1998 (c. 14) (functions of being consulted by the Lord Chancellor on appointment and removal of President of appeal tribunals, appointments of deputy Commissioners, removal of Commissioners and on regulations under the Act generally) are to be treated, for the purposes of section 63 of the 1998 Act, as being exercisable in or as regards Scotland.
Data Protection Act 1998 (c. 29)I1520
The Secretary of State’s functions under section 6(4)(a) and (b) of the Data Protection Act 1998 (c. 29) (functions of being consulted by the Lord Chancellor on appointments of chairman and deputy chairmen of the Data Protection Tribunal) are to be treated, for the purposes of section 63 of the 1998 Act, as being exercisable in or as regards Scotland.
Competition Act 1998 (c. 41)I1621
The Secretary of State’s functions under paragraphs 2(4) and 4(4) of Schedule 7 to the Competition Act 1998 (c. 41) (function of being consulted by the Secretary of State on appointments to the panel of chairmen of the Competition Commission and on appointment of the President of the Competition Commission Appeal Tribunals) are to be treated, for the purposes of section 63 of the 1998 Act, as being exercisable in or as regards Scotland.
Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2)I1722
The Secretary of State’s functions under section 13(1) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) (function of concurring in regulations by the Board concerning appeals to the tax appeal Commissioners) are to be treated, for the purposes of section 63 of the 1998 Act, as being exercisable in or as regards Scotland.
Building Societies Appeal Tribunal Regulations 1987 (S.I.1987/891)F723
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