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The Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 2018

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Statutory Instruments

2018 No. 1344

Constitutional Law

Devolution, Scotland

Social Security

The Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 2018

Made

12th December 2018

Laid before Parliament

14th December 2018

Laid before the Scottish Parliament

14th December 2018

Coming into force

8th February 2019

At the Court at Buckingham Palace, the 12th day of December 2018

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the power conferred on Her by section 93(3) of the Scotland Act 1998(1) is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation

1.  This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 2018.

Commencement

2.  This Order comes into force immediately after section 27 of the Scotland Act 2016 (welfare foods) comes into force on 8th February 2019.

Specification of functions

3.—(1) The functions exercisable by the Scottish Ministers under the enactments mentioned in paragraph (2) are specified for the purposes of section 93(1) of the Scotland Act 1998.

(2) The enactments are–

(a)the Welfare Food Regulations 1996(2),

(b)the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005(3).

Richard Tilbrook

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

The Order paves the way for the Scottish Government and the UK Government to enter into agency arrangements, under which the UK Government can exercise certain welfare foods functions on behalf of the Scottish Government. Any such arrangements would require to be agreed between the UK Government and the Scottish Government.

(1)

1998 c.46; section 93 was amended by the Scotland Act 2012 (c. 11), section 23(3).

(2)

S.I. 1996/1434, to which there are amendments not relevant to this Order.

(3)

S.I. 2005/3262, to which there are amendments not relevant to this Order.

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