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

Explanatory Note

(This note is not part of the Order)

This Order, made under the Scotland Act 1998 (c. 46), provides for certain 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 the Minister concerned.

Article 2 provides that the functions conferred on a Minister of the Crown by the enactments specified in the Schedule to this Order shall, so far as exercisable in or as regards Scotland, be exercisable by the Scottish Ministers instead of by a Minister of the Crown, subject, in certain cases, to specified restrictions and requirements.

In relation to the Social Security Act 1988 (c. 7) this Order transfers to the Scottish Ministers regulation making functions for the prescribing of the descriptions of food in relation to the operation of a scheme to provide benefits, and the function of giving directions (with the agreement of the Secretary of State) to a body administering a scheme (or part of a scheme) in relation to matters relating to the operation of that scheme (or that part of that scheme).

In relation to the Healthy Start and Welfare Food (Amendment) Regulations 2005, this Order transfers payment functions of the Secretary of State under regulations 5(2) (Healthy Start food and payments in lieu), 5A(2) (Healthy Start vitamins and payments in lieu), 8A(7) (provision of Healthy Start vitamins), 10(4) (failure to receive benefit represented by the voucher) and 14(2) (payment of food outlet) of the Healthy Start scheme to the Scottish Ministers.

In relation to the Electricity Act 1989 (“the 1989 Act”), this Order consolidates in one instrument the devolution of functions under sections 32 (obligation in connection with electricity from renewable sources), 32A (orders under section 32: supplementary) and 32B (green certificates) of the 1989 Act by revoking the devolution of those functions effected by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2000 (S.I. 2000/3253), the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2001 (S.I. 2001/3504) and the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849) (“the previous Orders”), and re devolving those functions (as amended by sections 23 and 24 of the Climate Change and Sustainable Energy Act 2006 (c. 19) (“the 2006 Act”)) to the Scottish Ministers.

This Order also revokes the devolution, by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), of functions under section 32 of the 1989 Act as originally enacted, the saving of which has been revoked.

Article 3 modifies the functions in relation to the welfare food scheme which were transferred to the Scottish Ministers under the Scotland Act (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750). The changes reflect the abolition of NHS Trusts in Scotland and the revocation of the regulations in relation to provision of dried milk at a reduced price in the Welfare Food Regulations 1996. It also modifies the previous Transfer of Functions Orders in relation to the 1989 Act by revoking the devolution of the functions of the Secretary of State under sections 32, 32A and 32B of the 1989 Act.

Article 4 ensures that any references to the Secretary of State and powers to make legislation are glossed appropriately to reflect the transfer of functions to the Scottish Ministers.

Article 5 makes transitional and saving provision both as regards the previous exercise of functions by a Minister of the Crown prior to their devolution to the Scottish Ministers and as regards the previous exercise of functions by the Scottish Ministers. In the case of functions under the 1989 Act, saving is made to cover the process of return, by revocation of the previous devolution, of functions to a Minister of the Crown, prior to such functions being re devolved to the Scottish Ministers one day later.