The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2025

Modifications of the 2023 Act

4.—(1) For the purposes of any function that is exercisable by the Scottish Ministers by virtue of article 3 of this Order—

(a) any reference to an appropriate authority in Chapter 1 of Part 3 or Part 6 of the 2023 Act is to be read as if it were a reference to the Scottish Ministers;

(b) any reference in Chapter 1 of Part 3 or Part 6 of, or Schedule 24 to, the 2023 Act to regulations made by the Scottish Ministers acting alone (including in their capacity as a devolved authority) is to be read as if it included a reference to regulations made by the Scottish Ministers by virtue of article 3;

(c) section 166(2)(c) of the 2023 Act (EOR regulations: further provision) has effect as if for “any legislation” there were substituted “any provision made by or under an Act of the Scottish Parliament”.

(2) For the purposes of any function carried out by a public authority (within the meaning of section 167 of the 2023 Act (interpretation of Part 6)) under or by virtue of Part 6 of the 2023 Act, references in section 163(1) and (5) of the 2023 Act (guidance) to regulations made by a devolved authority acting alone are to be read as if they included references to regulations made by the Scottish Ministers by virtue of article 3.