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The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003

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Citation, commencement and interpretation

1.  (1)  This Order may be cited as the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003 and, except as provided in paragraph (2) below, shall come into force on the day after the day on which it is made.

(2) In the Schedule to this Order, the entry relating to the Taxes Management Act 1970(1) shall come into force–

(a)so far as relating to section 2A of that Act, when section 102 of the Access to Justice Act 1999(2) comes into force in Scotland; and

(b)so far as relating to section 3A of the Taxes Management Act 1970, when section 103 of the Access to Justice Act 1999 comes into force in Scotland.

(3) In this Order “the 1998 Act” means the Scotland Act 1998.

Transfer of functions to the Scottish Ministers

2.  The functions which are conferred on a Minister of the Crown by the enactments specified in column 1 of the Schedule to this Order shall–

(a)so far as they are exercisable by that Minister in or as regards Scotland; and

(b)subject to any restriction in the corresponding entry in column 2 of the Schedule,

be exercisable by the Scottish Ministers instead of by the Minister of the Crown.

Function shared by the Scottish Ministers and a Minister of the Crown

3.  The function which is conferred on a Minister of the Crown by section 272 of the Transport Act 2000(3) shall so far as it is exercisable by that Minister in or as regards Scotland be exercisable by the Scottish Ministers concurrently with the Minister of the Crown.

General modifications of enactments etc.

4.  (1)  Sections 117 and 118 of the 1998 Act shall apply in relation to the exercise of functions by the Scottish Ministers by virtue of article 2 or 3 of this Order as they apply in relation to the exercise of functions by the Scottish Ministers within devolved competence.

(2) Sections 119 and 120 of the 1998 Act shall apply in relation to the functions exercisable by the Scottish Ministers by virtue of those articles as they apply in relation to functions of the Scottish Ministers exercisable within devolved competence.

(3) In the application of those sections by virtue of this article, any reference in them to a pre commencement enactment is to be read as if it were a reference to any enactment.

Transitional and saving provision

5.  (1)  The transfer, by virtue of this Order, of any function exercisable by a Minister of the Crown to the Scottish Ministers shall not affect the validity of anything done (or having effect as if done) by or in relation to a Minister of the Crown before the date on which the transfer takes effect.

(2) Anything (including legal proceedings) which, at the time when that transfer takes effect, is in the process of being done by or in relation to a Minister of the Crown may, so far as it relates to any function transferred, be continued by or in relation to the Scottish Ministers.

(3) Anything done (or having effect as if done) by or in relation to a Minister of the Crown for the purposes of or in connection with any function transferred to the Scottish Ministers by virtue of this Order shall, if in force at the time when that transfer takes effect, have effect as if done by or in relation to the Scottish Ministers in so far as that is required for continuing its effect after that time.

(4) Despite the transfer to the Scottish Ministers of functions by virtue of this Order, any function of a Minister of the Crown in relation to any matter shall continue to be exercisable by him as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972(4).

A. K. Galloway

Clerk of the Privy Council

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