The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 3) Order 2006

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 3) Order 2006 and, except as provided in paragraphs (2) and (3), shall come into force on the second day after the day on which it is made.

(2) This article and articles 3(1), (3), (4) and (5) and 5(4), (5) and (6) shall come into force on the day after the day on which this Order is made.

(3) Article 2, so far as it relates to functions under the 1988 Act and the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005(1), and article 3(2) shall come into force twenty one days after the Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 2006(2) is laid before Parliament.

(4) In this Order–

“the 1988 Act” means the Social Security Act 1988(3);

“the 1989 Act” means the Electricity Act 1989(4); and

“the 1998 Act” means the Scotland Act 1998.

Transfer of functions to the Scottish Ministers

2.  The functions which are conferred on a Minister of the Crown by the enactments specified in column 1 of the Schedule to this Order shall–

(a) so far as they are exercisable by that Minister in or as regards Scotland; and

(b) subject to any restriction or requirement in the corresponding entry in column 2 of that Schedule,

be exercisable by the Scottish Ministers instead of by the Minister of the Crown.

Modifications of enactments

3.—(1) In Schedule 1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999(5), in column 1 of the entry relating to the 1989 Act, omit “32(1) and (9),”.

(2) In paragraph 3 (functions in relation to welfare foods) of Schedule 4 (non-statutory functions transferred to the Scottish Ministers) to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999–

(a) in sub-paragraph (1)(a) omit the words “an NHS Trust or” and “and for dried milk sold to family credit beneficiaries at a reduced price”;

(b) in sub-paragraph (1)(b) omit the words “such” and “Trust or”; and

(c) in sub-paragraph (2) omit the words “NHS Trust” and “family credit”.

(3) In the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2000(6)–

(a) in article 1(1), for “paragraphs (2) and (3)” substitute “paragraph (2)”;

(b) omit paragraph (3) of article 1; and

(c) in column 1 of Schedule 2, omit the entry “The Electricity Act 1989 (c. 29), sections 32 and 32A.”.

(4) In the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2001(7)–

(a) omit paragraph (2)(a) of article 1; and

(b) in the Schedule, for “sections 32B and” substitute “section”.

(5) In the Schedule to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005(8), in column 1 of the entry relating to the 1989 Act–

(a) at the end of paragraph (a) add “and”;

(b) in paragraph (b) omit “; and”; and

(c) omit paragraph (c).

General modifications of enactments

4.—(1) Sections 117 and 118 of the 1998 Act shall apply in relation to the exercise of functions by the Scottish Ministers by virtue of article 2 of this Order as they apply in relation to the exercise of functions by the Scottish Ministers within devolved competence.

(2) Section 119 of the 1998 Act shall apply in relation to the functions exercisable by the Scottish Ministers by virtue of article 2 of this Order as it applies in relation to functions of the Scottish Ministers which are exercisable within devolved competence.

(3) In the application of those sections by virtue of this article, any reference in them to a pre commencement enactment is to be read as if it were a reference to any enactment.

Transitional and saving provisions

5.—(1) The transfer, by virtue of this Order, of any function exercisable by a Minister of the Crown to the Scottish Ministers shall not affect the validity of anything done (or having effect as if done) by or in relation to a Minister of the Crown, for the purposes of or in connection with any such function, before the date on which the transfer takes effect.

(2) Anything (including legal proceedings) which, at the time when that transfer takes effect, is in the process of being done by or in relation to a Minister of the Crown may, so far as it relates to any function transferred, be continued by or in relation to the Scottish Ministers.

(3) Anything done (or having effect as if done) by or in relation to a Minister of the Crown for the purposes of or in connection with any function transferred to the Scottish Ministers by virtue of this Order shall, if in force at the time when that transfer takes effect, have effect as if done by or in relation to the Scottish Ministers in so far as that is required for continuing its effect after that time.

(4) The revocation, by virtue of article 3(1), (3), (4) and (5) of the transfer to the Scottish Ministers of the functions conferred by sections 32, 32A and 32B of the 1989 Act shall not affect the validity of anything done (or having effect as if done) by or in relation to the Scottish Ministers, for the purposes of or in connection with any such function, at any time before the date on which the revocation takes effect.

(5) Anything (including legal proceedings) which, at the time that revocation takes effect, is in the process of being done by or in relation to the Scottish Ministers may, so far as it relates to any function the transfer of which is revoked by article 3(1), (3), (4) and (5), be continued–

(a) on the date of the revocation and before the date of the transfer by virtue of article 2, by or in relation to a Minister of the Crown; and

(b) on and after the date of the transfer by virtue of article 2, by or in relation to the Scottish Ministers.

(6) Anything done (or having effect as if done) by or in relation to the Scottish Ministers for the purposes of or in connection with any function the transfer of which is revoked by article 3(1), (3), (4) and (5) shall, if in force at the time when the revocation takes effect, have effect as if done by or in relation to–

(a) a Minister of the Crown in so far as that is required for continuing its effect on the date of revocation and before the date of the transfer by virtue of article 2; and

(b) the Scottish Ministers in so far as that is required for continuing its effect on and after the date of the transfer by virtue of article 2.

Meriel McCullagh

Deputy Clerk of the Privy Council