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The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2000

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Article 3

SCHEDULE 2ENACTMENTS CONFERRING FUNCTIONS TRANSFERRED TO THE SCOTTISH MINISTERS

Column 1Column 2
EnactmentRestrictions
The Gas Act 1986 (c. 44), section 9(3)(a) and Schedule 3, Parts I and III(1).
The Electricity Act 1989 (c. 29), sections 32 and 32A(2).
The Regulation of Investigatory Powers Act 2000 (c. 23)(3)–

(a)section 5

Only so far as the functions are exercisable for the purpose of preventing or detecting serious crime.

(b)sections 9(1)(b) and (3), 10(1)(a) and (2) and 15(1)

Only so far as the functions are exercisable in relation to a warrant issued under section 5 by the Scottish Ministers by virtue of this Order.

(c)sections 32 and 42

Only so far as the function is exercisable–

(a)

in relation to an application made by a member of the Security Service; and

(b)

where the granting of an authorisation for the carrying out of intrusive surveillance is necessary for the purpose of preventing or detecting serious crime.

(d)sections 44(1) and (2)(b) and 45(1)

Only so far as the functions are exercisable in relation to the grant of an authorisation for the carrying out of intrusive surveillance under section 32 that is made by a warrant issued under section 42by the Scottish Ministers by virtue of this Order.
The Poisons Rules 1982 (S.I. 1982/218), Schedule 12, Part 1, paragraphs 4 and 5(b).
The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/1672)(4).
The Pipe-line Works (Environmental Impact Assessment) Regulations 2000 (S.I. 2000/1928)(5).
(1)

Functions under these enactments are treated as being exercisable in or as regards Scotland for the purposes of section 63 of the 1998 Act by virtue of article 2 of, and paragraph 6 of Schedule 1 to, this Order.

(2)

Section 32 of the 1989 Act is substituted, prospectively, by section 62 of the Utilities Act 2000 and section 32A of the 1989 Act is inserted, prospectively, by section 63 of the Utilities Act 2000.

(3)

Functions under these enactments are treated as being exercisable in or as regards Scotland for the purposes of section 63 of the 1998 Act by virtue of article 2 of, and paragraphs 2 to 5 of Schedule 1 to, this Order.

(4)

Functions under these enactments are treated as being exercisable in or as regards Scotland for the purposes of section 63 of the 1998 Act by virtue of article 2 of, and paragraph 6 of Schedule 1 to, this Order.

(5)

Functions under these enactments are treated as being exercisable in or as regards Scotland for the purposes of section 63 of the 1998 Act by virtue of article 2 of, and paragraph 6 of Schedule 1 to, this Order.

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