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The Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999

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Article 3

SCHEDULE 11FOOD FROM BRITAIN

PART IAPPLICATION AND INTERPRETATION

1.  This Schedule shall apply to Food from Britain.

2.  In this Schedule–

“the 1967 Act” means the Agriculture Act 1967(1);

“the 1983 Act” means the Agricultural Marketing Act 1983(2).

PART IIMODIFICATIONS

Modification of functions in relation to Food from Britain

3.  (1)  Any function exercisable in relation to Food from Britain by the Secretary of State for Scotland acting alone shall instead be exercisable by the Scottish Ministers.

(2) Subject to paragraph 4 below, any function which is–

(a)specifically exercisable in relation to Food from Britain; and

(b)exercisable by the Secretary of State for Scotland acting jointly with any other Ministers of the Crown,

shall instead be exercisable by the Scottish Ministers and those other Ministers acting jointly.

4.  (1)  This paragraph applies to the function under section 61(3) of the 1967 Act of making a scheme for payment of grants.

(2) The Secretary of State for Scotland is to cease to be among the Ministers who, acting jointly, may exercise the function to which this paragraph applies.

(3) The function to which this paragraph applies shall be exercisable only with the consent of the Scottish Ministers, and section 88(2) of the Act shall not apply in relation to the function.

Modification of the 1967 Act

5.  The reference in section 60(2) of the 1967 Act to “the Comptroller and Auditor General” shall be deemed to include a reference to “the Auditor General for Scotland”.

Modification of the 1983 Act

6.  The reference in section 5(8) of the 1983 Act to “the Comptroller and Auditor General” shall be deemed to include a reference to “the Auditor General for Scotland”.

(3)

Section 61 was amended by S.I. 1986/817, article 2; the Statute Law (Repeals) Act 1986 (c. 12), section 1(1) and Schedule 1, Part II; and the 1983 Act, section 9 and Schedule 3. Functions under Part IV of the 1967 Act were transferred to Food from Britain by sections 2(1) and 3(2) of, and Schedule 2 to, the 1983 Act.

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