2006 No. 1251

CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
FIRE AND RESCUE SERVICES

The Scotland Act 1998 (Agency Arrangements) (Specification) Order 2006

Made

Laid before Parliament

Laid before the Scottish Parliament

Coming into force

At the Court at Buckingham Palace, the 9th day of May 2006

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by sections 93(3) and 113 of the Scotland Act 19981, is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation and commencement1

This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) Order 2006 and shall come into force on 10th June 2006.

Interpretation2

In this Order “relevant authorities” shall be construed in accordance with section 6 of the Fire (Scotland) Act 20052.

Specification of functions3

The functions exercisable by the Scottish Ministers under section 47(1)(a) and (b) of the Fire (Scotland) Act 2005 (requirements concerning equipment and services), in so far as those functions may be exercised by Scottish Ministers to enter into a contract for the provision of a radio system for relevant authorities, are hereby specified for the purposes of section 93(1) of the Scotland Act 1998.

A. K. GallowayClerk of the Privy Council

(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 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 3, for the purposes of section 93(1) of the Scotland Act 1998, specifies the functions of the Scottish Ministers under section 47(1)(a) and (b) of the Fire (Scotland) Act 2005 (“the 2005 Act”) in so far as those functions may be exercised by Scottish Ministers to enter into a contract for the provision of a radio system for relevant authorities (fire and rescue authorities or joint fire and rescue boards constituted by a scheme under the 2005 Act).

Section 47(1)(a) and (b) of the 2005 Act allows Scottish Ministers to provide and maintain any equipment, facilities and services and contribute to the provision and maintenance of any equipment, facilities and services, they consider appropriate for promoting the economy, efficiency and effectiveness of relevant authorities in Scotland.