The Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) (No. 2) Order 2000

Explanatory Note

(This note is not part of the Order)

In terms of Section 88 of the Scotland Act 1988 (c. 46) (“the Act”) cross border public authorities are bodies, Government Departments, offices or office holders specified in an Order in Council who, in addition to any other functions they may have, have functions which are exercisable in or as regards Scotland and do not relate to reserved matters. Section 89 of the Act provides that Her Majesty may by Order in Council make such provision in relation to cross border public authorities as She considers necessary or expedient in consequence of the Act. This Order makes various provisions in relation to the bodies mentioned in Schedule 1 to the Order, all of which are specified as cross border public authorities by the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999 (S.I. 1999/1319).

Article 2 of the Order provides that the modifications in Part II of Schedules 2 to 6 of the Order which relate to the cross-border public authorities mentioned in Part I of those Schedules, are to have an effect. These modifications are as follows:—

(a) In relation to the British Waterways Board and the Inland Waterways Amenity Advisory Council the Order will modify the Transport Act 1962 (c. 46), the Transport Act 1968 (c. 73) and the British Waterways Act 1975 (c.xxiii) to give the Scottish Ministers largely the same functions with regard to these bodies in Scotland as those currently held by UK Ministers in England and Wales.

(b) In relation to the Royal Commission on Environmental Pollution the power to refer matters to that body which affect Scotland and which do not relate to reserved matters is extended to the Scottish Ministers.

(c) In relation to the Fire Services Examinations Board amendments are made to the Fire Services Act 1947 (c. 41) to permit Scottish Ministers to make payments from the Scottish Consolidated Fund for their share of the cost of administering the statutory examinations whereby Fire Service personnel qualify for promotion. The Fire Services (Appointments and Promotion) (Scotland) Regulations 1978 (S.I. 1978/1727) are amended so that the accounts of the Fire Services Examination Board are to be submitted to the Scottish Ministers, and the Fire Services Examinations (Regulations) 1985 (S.I. 1985/1176) are amended so that the Chairman and 4 members of the Fire Services Examination Board will now be appointed by the Home Secretary in consultation with the Scottish Ministers.

(d) In relation to the Controller of Plant Variety Rights, the Plant Varieties and Seeds Tribunal and the Plant Variety Rights Office the power to make Orders under paragraph 6(2)(c) of Schedule 2 to the Plant Varieties Act 1997 (c. 66) is stipulated to be exercisable only with the consent of the Scottish Ministers.

Article 3 re-applies Section 94 and 118 to 121 of the Act to functions which, by virtue of the provisions or the Order, are exercisable by the Scottish Ministers alone.

Article 4 makes transitional and savings provision.