Draft Order in Council laid before Parliament and the Scottish Parliament under paragraphs 1 and 2 of Schedule 7 to the Scotland Act 1998 for approval by resolution of each House of Parliament and of the Scottish Parliament.
2015 No. (S. )
The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 2015
Made
Coming into force
At the Court at, , the day of 2015
Present,
The Queen’s Most Excellent Majesty in Council
This Order is made by Her Majesty in Council in exercise of the power conferred on her by section 30(3) of the Scotland Act 19981.
In accordance with paragraphs 1 and 2 of Schedule 7 to that Act2 a draft of this Order has been—
laid before and approved by a resolution of each House of Parliament; and
laid before and approved by a resolution of the Scottish Parliament.
Accordingly, Her Majesty, by and with the advice of Her Privy Council, makes the following Order:
Citation, commencement and interpretation1
1
This Order may be cited as the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 2015 and comes into force on 28th February 2015.
2
In this Order—
“the EU Regulation” means Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/20083;
“Scottish farmer” means a farmer (within the meaning of Article 2 of the EU Regulation) whose holding is situated wholly or partly in Scotland, and “holding” has the same meaning as in Articles 2 and 91 of the EU Regulation4; and
“specified function under EU law” means any function which—
- a
relates to the implementation of any legislative instrument of the European Union adopted in pursuance of the common agricultural policy of the European Union established in accordance with Title III of Part Three of the Treaty on the Functioning of the European Union; and
- b
applies in relation to an agricultural area or an agricultural activity by reference to a holding,
and “agricultural area” and “agricultural activity” have the same meaning as in Article 2 of the EU Regulation.
- a
Agriculture2
So far as a specified function under EU law, or a function to which section 53(2)(a) of the Scotland Act 1998 applies, is exercisable in relation to a Scottish farmer it shall be treated for all purposes of that Act as exercisable in or as regards Scotland.
(This note is not part of the Order)