The Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) (Amendment) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on the day after the day on which it is made, amends Schedule 16 to the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 (S.I. 1999/1747) (“the 1999 Order”) in relation to the Meat and Livestock Commission (“the Commission”).

The Order provides–

(a) for part of the levy raised under a levy scheme confirmed under section 13 of the Agriculture Act 1967 to be determined as a Scottish levy by the Secretary of State, the National Assembly for Wales and the Scottish Ministers acting jointly (new paragraph 6(1));

(b) that the function of giving directions to the Commission in respect of spending the Scottish levy will fall to the Scottish Ministers alone, and the function of giving directions in respect of the spending of the remainder of the levy will fall to the Secretary of State and the National Assembly for Wales acting jointly (new paragraphs 4 and 5); and

(c) for the Commission to produce a separate report on the spending of the Scottish levy and to transmit that report to the Scottish Ministers who will lay it before the Scottish Parliament (new paragraph 7(1)).

The Order also provides that the function in paragraph 7(1) shall be treated as a function under Part I of the Agriculture Act 1967 which will allow it to be delegated by the Commission (new paragraph 7(2)).

No regulatory impact assessment has been prepared in relation to this Order.