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The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003
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- UK Statutory Instruments
- 2003 No. 415 (S. 5)
- Explanatory Note
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Explanatory Note
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This Order, made under the Scotland Act 1998 (c. 46), provides for certain specified functions of a Minister of the Crown, so far as they are exercisable by that Minister in or as regards Scotland, to be exercisable by the Scottish Ministers instead of, or concurrently with, the Minister concerned.
Article 2 provides that the functions conferred on a Minister of the Crown by the enactments specified in the Schedule shall be exercisable, in or as regards Scotland, by the Scottish Ministers instead of by a Minister of the Crown subject to any restriction specified in the Schedule against any entry.
Article 3 provides that the functions of a Minister of the Crown in terms of section 272 of the Transport Act 2000, to provide freight facilities grant for water borne freight, shall be exercisable in or as regards Scotland by the Scottish Ministers concurrently with a Minister of the Crown. By virtue of section 272(5) of that Act the power conferred by section 272 may only be exercised in or as regards Scotland if its exercise relates to reserved matters within the meaning of the Scotland Act 1998.
Article 4 provides for certain general modifications of enactments in connection with provision made by the Order.
Article 5 makes transitional and saving provision.
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