2. After paragraph 3 of Schedule 8 (Controller of Plant Variety Rights etc.) to the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999(1) there is inserted–
“3A.—(1) This paragraph applies to the function of making orders under paragraph 6(2)(c) of Schedule 2 to the 1997 Act.
(2) The function to which this paragraph applies shall be exercisable only with the consent of the Scottish Ministers, and section of 88(2) of the Act shall not apply in relation to that function.”.