The Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order specifies functions of the Scottish Ministers for the purposes of section 93(1) of the Scotland Act 1998. Section 93(1) allows a Minister of the Crown to make arrangements for any of that Minister’s specified functions to be exercised on his or her behalf by the Scottish Ministers and allows the Scottish Ministers to make arrangements for any of their specified functions to be exercised on their behalf by a Minister of the Crown.

Article 2 specifies the functions of the Scottish Ministers as those statutory functions exercisable by the Scottish Ministers under the enactments mentioned in the Schedule to this Order.

Article 3 revokes the Scotland Act 1998 (Agency Arrangements) (Specification) Order 2001.

In the Schedule:

Paragraph (a) specifies the function of requiring information with a view to granting consent to import, acquire, release or market a genetically modified organism in Scotland.

Paragraphs (b) and (c) relate to the public register of applications and consents to release genetically modified organisms and other prescribed notices and information about genetically modified organisms set up under section 122 of the Environmental Protection Act 1990 (“the 1990 Act”). Paragraph (b) specifies the function of maintaining the public register. Paragraph (c) specifies the function of excluding information from the public register on the grounds of commercial confidentiality.

Paragraph (d) relates to applications for consent to release genetically modified organisms in Scotland. It specifies the functions of forwarding a summary of such applications to the European Commission; examining such applications for their conformity with the requirements of the 1990 Act and the Genetically Modified Organisms (Deliberate Release) Regulations 1992 (as amended) (“the 1992 Regulations”); evaluating the risks posed by such proposed releases; carrying out any necessary tests or inspections; taking account of any comments on such applications made by the competent authority or authorities of other member States; and recording the conclusions on any such application in writing.

Paragraph (e) relates to applications for consent to market in Europe genetically modified organisms as or in a product where it is proposed that the product be marketed first in Scotland. It specifies the function of examining such applications for their conformity with the requirements of the 1990 Act and the 1992 Regulations, giving particular attention to the environmental risk assessment which should accompany such applications and the recommended precautions related to the safe use of the product.

Paragraph (f) relates to the assessment of ambient air quality.

Paragraph (g) deals with methods of assessment for monitoring ambient air quality.

Paragraph (h) concerns functions relating to public information on ambient concentrations of the pollutants covered by the Air Quality Limit Values (Scotland) Regulations 2001.

Paragraph (i) relates to the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002 which make provision in relation to Council Regulation (EC) No. 2037/2000 on substances that deplete the ozone layer, as amended by Council Regulations (EC) Nos. 2038/2000 and 2039/2000.