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The Scotland Act 1998 (Cross-Border Public Authorities)(Specification) Order 1999

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Statutory Instruments

1999 No. 1319

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scotland Act 1998 (Cross-Border Public Authorities)(Specification) Order 1999

Made

11th May 1999

Laid before Parliament

18th May 1999

Coming into force in accordance with article 1(2)

At the Court at Buckingham Palace, the 11th day of May 1999

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 88(5) of the Scotland Act 1998(1), and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–

Citation and commencement

1.  (1)  This Order may be cited as the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999.

(2) This Order shall come into force on the principal appointed day(2).

Specification of bodies etc.

2.  The bodies, government departments, offices and office-holders mentioned in column 1 of the Schedule to this Order (and which are constituted by the enactment or, as the case may be, instrument, if any, mentioned in the corresponding entry in column 2 of that Schedule) are hereby specified for the purposes of section 88(5) of the Scotland Act 1998.

A. K. Galloway

Clerk of the Privy Council

SCHEDULE

Column 1Column 2
Bodies, government departments, offices and office-holdersEnactments and instruments
Administration of Radioactive Substances Advisory CommitteeArticle 3(1) of the Medicines (Administration of Radioactive Substances) Regulations 1978 (S.I. 1978/1006).
Advisory Committee on Hazardous SubstancesArticle 2 of the Advisory Committee on Hazardous Substances Order 1991 (S.I. 1991/1487).
Advisory Committee on Historic Wreck Sites
Advisory Committee on PesticidesArticle 3 of the Control of Pesticides (Advisory Committee on Pesticides) Order 1985 (S.I. 1985/1516).
Advisory Committee on Releases to the EnvironmentSection 124 of the Environmental Protection Act 1990 (c. 43).
Advisory Council on the Misuse of DrugsSection 1 of the Misuse of Drugs Act 1971 (c. 38).
Advisory Group on Hepatitis
Alcohol Education and Research CouncilSection 6 of the Licensing (Alcohol Education and Research) Act 1981 (c. 28).
British Library BoardSections 1(2) and 2 of the British Library Act 1972 (c. 54)(3).
British Potato CouncilArticle 3 of the Potato Industry Development Council Order 1997 (S.I. 1997/266).
British Tourist AuthoritySection 1 of the Development of Tourism Act 1969 (c. 51)(4).
British Waterways BoardSection 1 of the Transport Act 1962 (c. 46).
British Wool Marketing BoardParagraph 4 of the Schedule to the British Wool Marketing Scheme (Approval) Order 1950 (S.I. 1950/1326).
Central Bureau for Educational Visits and Exchanges
Central Council for Education and Training in Social WorkSection 10 of the Health and Social Services and Social Security Adjudications Act 1983 (c. 41).
Chief Commissioner and CommissionersSection 91 of the Police Act 1997 (c. 50).
Clinical Standards Advisory GroupSection 62 of the National Health Service and Community Care Act 1990 (c. 19).
Committee of Investigation for Great BritainSection 19 of the Agricultural Marketing Act 1958 (c. 47).
Community Development FoundationDeclaration of Trust dated 12th December 1967.
Construction Industry Training BoardThe Industrial Training (Construction Board) Order 1964 (S.I. 1964/1079).
Consumers' Committee for Great BritainSection 19 of the Agricultural Marketing Act 1958 (c. 47).
Controller of Plant Variety RightsSection 2(1) of the Plant Varieties Act 1997 (c. 66).
Council on TribunalsSection 1(1) of the Tribunals and Inquiries Act 1992 (c. 53).
The Criminal Injuries Compensation Appeals PanelThe Criminal Injuries Compensation Scheme 1996(5).
The Criminal Injuries Compensation Authority
Criminal Injuries Compensation BoardThe Criminal Injuries Compensation Scheme 1990(6).
Design CouncilRoyal Charter dated 19th May 1976.
Disabled Persons Transport Advisory CommitteeSection 125 of the Transport Act 1985 (c. 67).
Engineering Construction Industry Training BoardThe Industrial Training (Engineering Board) Order 1964 (S.I. 1964/1086).
The Fire Services Examinations BoardRegulation 3 of the Fire Services (Examinations) Regulations 1985 (S.I. 1985/1176).
Food from BritainSection 1 of the Agriculture Marketing Act 1983 (c. 3).
Forestry CommissionersSection 1 of the Forestry Act 1967 (c. 10).
Government Chemist
Home-Grown Cereals AuthoritySection 1 of the Cereals Marketing Act 1965 (c. 14).
Horticultural Development CouncilArticle 3 of the Horticultural Development Council Order 1986 (S.I. 1986/1110).
Inland Waterways Amenity Advisory CouncilSection 110 of the Transport Act 1968 (c. 73).
Intervention Board for Agricultural ProduceSection 6(1) of the European Communities Act 1972 (c. 68) and the Intervention Board for Agricultural Produce Order 1972 (S.I. 1972/1578).
Joint Committee on General Practitioner TrainingSection 6 of the National Health Service Act 1977 (c. 49).
Joint Nature Conservation CommitteeSection 128(4) of the Environmental Protection Act 1990 (c. 43).
The licensing authoritySection 1(1) of the Activity Centres (Young Persons' Safety) Act 1995 (c. 15).
Meat and Livestock CommissionSection 1 of the Agriculture Act 1967 (c. 22).
Meat and Livestock Commission Consumers' CommitteeSection 2 of, and Schedule 1 to, the Agriculture Act 1967.
Milk Development CouncilArticle 3 of the Milk Development Council Order 1995 (S.I. 1995/356).
Museums and Galleries CommissionRoyal Charter dated 31st December 1986.
National Consumer Council
The National Criminal Intelligence ServiceSection 2 of the Police Act 1997 (c. 50).
National Radiological Protection BoardSection 1(1) of the Radiological Protection Act 1970 (c. 46).
Plant Varieties and Seeds TribunalSection 42 of the Plant Varieties Act 1997 (c. 66).
Plant Varieties Rights OfficeSection 2(1) and 2(2) of the Plant Varieties Act 1997 (c. 66).
Police Information Technology OrganisationSection 109 of the Police Act 1997 (c. 50).
Police Negotiating Board for the United KingdomSection 61 of the Police Act 1996 (c. 16).
Rail Users' Consultative Committee for ScotlandSection 2 of the Railways Act 1993 (c. 43).
Royal Commission on Environmental PollutionRoyal Warrant dated 20th February 1970 (Cmnd 4585).
Scottish Association of Citizens Advice Bureaux
Scottish Committee of the Council on TribunalsSection 2(2) of the Tribunals and Inquiries Act 1992 (c. 53).
Scottish Consumer Council
Sea Fish Industry AuthoritySection 1 of the Fisheries Act 1981 (c. 29).
Sea Fish Licence TribunalSection 4AA(7) of the Sea Fish (Conservation) Act 1967 (c. 84).
The Service Authority for the National Criminal Intelligence ServiceSection 1 of the Police Act 1997 (c. 50).
The Theatres TrustSection 1(1) of the Theatres Trust Act 1976 (c. 27).
Traffic Commissioner for the Scottish Traffic AreaSection 4(2) of the Public Passenger Vehicles Act 1981 (c. 14).
The Trustees of the National Heritage Memorial FundSection 1(2) of the National Heritage Act 1980 (c. 17)(8).
United Kingdom Sports CouncilRoyal Charter dated 19th September 1996.
United Kingdom Transplant Support Service AuthorityArticle 2 of the United Kingdom Transplant Support Service Authority (Establishment and Constitution) Order 1991 (S.I. 1991/407).
Unrelated Live Transplant Regulatory AuthorityArticle 2 of the Human Organ Transplants (Unrelated Persons) Regulations 1989 (S.I. 1989/2480).

Explanatory Note

(This note is not part of the Order)

This Order specifies certain bodies, government departments, offices and office-holders as cross-border public authorities for the purposes of the Scotland Act 1998. The specified bodies, government departments, offices and office-holders are listed in the Schedule to the Order. Sections 88 to 90 of the 1998 Act make special provision for the treatment of cross-border public authorities in consequence of the provisions in that Act which confer powers on the Scottish Parliament and Scottish Executive.

(2)

Article 3 of the Scotland Act 1998 (Commencement) Order 1998 (S.I. 1998/3178) specifies 1st July 1999 as the principal appointed day for the purposes of the Scotland Act 1998.

(3)

See S.I. 1979/907, 1981/207, 1983/879, 1984/1814 and 1986/600 for transfer of relevant Ministerial functions.

(4)

Section 1 was amended by the House of Commons Disqualification Act 1975 (c. 24), Schedule 3. See S.I. 1970/1537 and 1974/692 for transfer of relevant Ministerial functions.

(5)

Made by the Secretary of State on 12th December 1995 under section 1 of the Criminal Injuries Compensation Act 1995 (c. 53).

(6)

The 1990 Scheme came into operation on 1st February 1990 and is a revision of the 1964 Scheme which was announced in both Houses of Parliament on 24th June 1964 in the exercise of the prerogative power.

(7)

Section 4AA was inserted by the Sea Fish (Conservation) Act 1992 (c. 60), section 2.

(8)

Section 1(2) was amended by the National Lottery etc. Act 1993 (c. 39), Schedule 4, paragraph 1. See S.I. 1981/207 and 1986/600 for transfer of relevant Ministerial functions.

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