The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999

Article 3

SCHEDULE 1 FUNCTIONS EXERCISABLE IN OR AS REGARDS SCOTLAND: GENERAL

Wireless Telegraphy Act 1949 (c. 54)

1.—(1) The function of the Secretary of State under section 5(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 section 5(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) which neither the person using the apparatus nor any person on whose behalf he is acting is authorised by the Secretary of State to receive 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)

2.  The Secretary of State’s functions under paragraph 3(4)(b) of Schedule 1C to the Pharmacy Act 1954 (c. 61)(1) (function of approving appointment of persons as chairman or deputy chairman of panel of persons eligible for membership of appeals tribunals) are to be treated, for the purposes of section 63 of the 1998 Act, as being exercisable in or as regards Scotland.

Medicines Act 1968 (c. 67)

3.—(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)

4.  The Secretary of State’s functions under sections 4, 4A, 46A and 56B of the Taxes Management Act 1970 (c. 9)(2) (functions of being consulted by the Lord Chancellor on appointment of Special Commissioners, removal of such persons and appointments of deputy Special Commissioners; and of consenting to regulations by the Lord Chancellor about jurisdiction, practice and procedure) 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 1984 (c. 35)

5.  The Secretary of State’s functions under section 3(3)(a) and (b) of the Data Protection Act 1984 (c. 35)(3) (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)

6.—(1) The function of the Secretary of State under section 2 of the 1985 Act (warrants for interception) 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 2 of the 1985 Act would require the person to whom the warrant is addressed–

(a) to intercept, in the course of their transmission by post or by means of a public telecommunication system (within the meaning of the Telecommunications Act 1984((4)), such communications to or from–

(i) a person who is, or is reasonably believed by the Secretary of State to be, located in Scotland at the time when the warrant is issued; or

(ii) premises whose location is in Scotland,

as may be specified or described in the warrant by virtue of section 3(1) of the 1985 Act (scope of warrants); and

(b) to disclose the intercepted material to such persons and in such manner as are described in the warrant.

(3) Any function of the Secretary of State under section 4(3) or (4), 5(1)(a) or (2) or 6(1) of the 1985 Act (issue and duration of warrants, modification of warrants etc. and safeguards) 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 2 of the 1985 Act; 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.

Transport Act 1985 (c. 67)

7.  The Secretary of State’s functions under paragraph 15 of Schedule 4(5) 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)

8.  The Secretary of State’s functions under section 47(2) of the Building Societies Act 1986 (c. 53) (function of appointing chairman of an appeal tribunal) are to be treated, for the purposes of section 63 of the 1998 Act, as being exercisable in or as regards Scotland.

Financial Services Act 1986 (c. 60)

9.  The Secretary of State’s functions under section 96(2)(a) of the Financial Services Act 1986 (c. 60 (function of being consulted by the Lord Chancellor on appointments of persons to serve as members of the Financial Services Tribunal) are to be treated, for the purposes of section 63 of the 1998 Act, as being exercisable in or as regards Scotland.

Copyright, Designs and Patents Act 1988 (c. 48)

10.  The Secretary of State’s functions under sections 145 and 150 of the Copyright, Designs and Patents Act 1988 (c. 48)(6) (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)

11.  The Secretary of State’s functions under the Education (Student Loans) Act 1990(7) 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)

12.  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)

13.  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)(8) (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)

14.  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)

15.—(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)

16.  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)

17.  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)

18.  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)

19.  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)

20.  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)

21.  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)

22.  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)

23.  The Secretary of State’s functions under regulation 6 of the Building Societies Appeal Tribunal Regulations 1987 (S.I. 1987/891) (function of being requested by the secretary to appoint a tribunal) are to be treated, for the purposes of section 63 of the 1998 Act, as being exercisable in or as regards Scotland.

(1)

Schedule 1C was inserted by the Pharmacists (Fitness to Practice) Act 1997 (c. 19), Schedule, paragraph 4.

(2)

Sections 4 and 4A were substituted by the Finance Act 1984 (c. 43), Schedule 22 and amended by the Judicial Pensions and Retirement Act 1993 (c. 8), Schedule 6, paragraph 36. Section 4 was further amended by Schedule 8 to that Act and by the Courts and Legal Services Act 1990 (c. 41), Schedule 10, paragraph 30. Sections 46A and 56B were inserted by paragraphs 3 and 4 of Schedule 16 to the Finance (No.2) Act 1992 (c. 48). They are applied, with modifications, by the Schedule to the Stamp Duty Reserve Tax Regulations 1986 (S.I. 1986/1711).

(3)

The whole Act is repealed (prospectively) by the Data Protection Act 1998 (c. 29), Schedule 16, Part I.

(4)

1984 c. 12.

(5)

Paragraph 15 was amended by S.I. 1989/495.

(6)

Section 145 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 10, paragraph 73. Section 150 was amended by the Arbitration Act 1996 (c. 23), Schedule 3, paragraph 50.

(7)

1990 c. 6; amended by the Further and Higher Education Act 1992 (c. 13), Schedule 8, paragraph 67; by the Further and Higher Education (Scotland) Act 1992 (c. 37), Schedule 9, paragraphs 12(2) and (3); by the Education Act 1994 (c. 30), Schedule 2, paragraph 9; by the Education (Student Loans) Act 1996 (c. 9), section 1(1) and the Schedule; by the Education Act 1996 (c. 56), Schedule 37, paragraph 98 and Schedule 38; and by the Education (Student Loans) Act 1998 (c. 1), sections 1 to 3 and repealed by the Teaching and Higher Education Act 1998 (c. 30), Schedule 4 subject to transitional and savings provisions specified in article 3 of the Teaching and Higher Education Act 1998 (Commencement No. 2 and Transitional Provisions) Order 1998 (S.I. 1998/2004).

(8)

Paragraph 1 of Schedule 2 was amended by the Judicial Pensions and Retirement Act 1993 (c. 8), Schedule 6, paragraph 21. Sections 51, 52 and 189(10) and Schedule 2 are repealed (prospectively) by the Social Security Act 1998 (c. 14), Schedule 8.