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The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999
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- UK Statutory Instruments
- 1999 No. 1750
- Explanatory Note
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to :
- Sch. 1 entries revoked by S.I. 2008/2833 Sch. 3 para. 228(v)
- Sch. 1 entry omitted by 2016 c. 11 Sch. 2 para. 28(a)
- Sch. 1 entry omitted by 2016 c. 11 Sch. 2 para. 28(b)
- Sch. 1 entry omitted by 2016 c. 11 Sch. 2 para. 28(c)
- Sch. 1 entry omitted by S.I. 2001/1283 art. 4(2)
- Sch. 1 entry revoked by 2005 c. 13 Sch. 2
- Sch. 1 entry revoked by 2007 c. 15 Sch. 23
- Sch. 1 words omitted by 2012 c. 11 s. 17(10)(a)
- Sch. 1 words omitted by 2014 c. 12 s. 109(4)(a)
- Sch. 1 words omitted by S.I. 2000/1563 art. 6(2)
- Sch. 1 words omitted by S.I. 2000/3253 art. 4(3)(a)(ii)
- Sch. 1 Column 1 words omitted by S.I. 2006/3258 art. 3(1)
- Sch. 1 words omitted by S.I. 2007/289 Sch. 1 para. 23(a)
- Sch. 1 words omitted by S.I. 2007/289 Sch. 1 para. 23(b)
- Sch. 1 words omitted by S.I. 2016/562 Sch. 2 para. 8(2)(a)
- Sch. 1 words omitted by S.I. 2016/562 Sch. 2 para. 8(2)(b)
- Sch. 1 words omitted by S.I. 2020/267 reg. 26(a)
- Sch. 1 words repealed by 2012 c. 19 Sch. 9 para. 17
- Sch. 1 words repealed by 2012 c. 19 Sch. 9 para. 17
- Sch. 1 words revoked by 2013 c. 32 Sch. 12 para. 30
- Sch. 1 words revoked by S.I. 2013/686 Sch. 2
- Sch. 1 words substituted by 2006 c. 34 s. 12(1)
- Sch. 1 words substituted by S.I. 2000/3253 art. 4(3)(a)(i)
- Sch. 2 words omitted by 2012 c. 11 s. 17(10)(b)
- Sch. 2 words omitted by S.I. 2013/602 Sch. 2 para. 78(2)
- Sch. 3 entry omitted by 2016 c. 11 Sch. 2 para. 29(a)
- Sch. 3 entry omitted by 2016 c. 11 Sch. 2 para. 29(b)
- Sch. 3 words omitted by 2012 c. 11 s. 22(2)(a)
- Sch. 3 words omitted by 2012 c. 11 s. 22(2)(b)
- Sch. 3 words omitted by S.I. 2016/562 Sch. 2 para. 8(3)
- Sch. 3 words revoked by 2013 c. 32 Sch. 12 para. 30
- Sch. 4 para. 3 omitted by S.I. 2020/267 reg. 26(b)
- Sch. 4 para. 1(1)(b)(c) substituted by S.I. 2013/602 Sch. 2 para. 78(3)
- Sch. 4 para. 3(1)(a) words omitted by S.I. 2006/3258 art. 3(2)(a)
- Sch. 4 para. 3(1)(b) words omitted by S.I. 2006/3258 art. 3(2)(b)
- Sch. 4 para. 3(2) words omitted by S.I. 2006/3258 art. 3(2)(c)
- Sch. 5 para. 10(4) omitted by 2012 c. 11 s. 17(10)(c)
- Sch. 5 para. 3 omitted by 2014 c. 12 s. 109(4)(b)
- Sch. 5 para. 18(2)-(6) omitted by 2014 c. 12 s. 109(4)(b)
- Sch. 5 para. 18(7)(a) omitted by 2014 c. 12 s. 109(4)(b)
- Sch. 5 para. 18(8) omitted by 2014 c. 12 s. 109(4)(b)
- Sch. 5 para. 6 omitted by S.I. 2000/3253 art. 4(3)(b)
- Sch. 5 para. 14(3)(4) omitted by S.I. 2000/3253 art. 4(3)(b)
- Sch 5 para. 1 revoked by S.I. 2001/1149 Sch. 2
- art. 2 restricted by 1984 c. 27, Sch. 9 para. 12A (as inserted) by 2004 c. 36 Sch. 2 para. 16(4)(b)
Commencement Orders yet to be applied to the The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999
Commencement Orders bringing legislation that affects this Instrument into force:
- S.I. 2007/598 art. 2 Sch. 1 commences (2006 c. 34)
Explanatory Note
(This note is not part of the Order)
This Order, made under the Scotland Act 1998 (“the 1998 Act”), provides for certain specified functions of a Minister of the Crown, so far as they are exercisable by him in or as regards Scotland, to be exercisable by the Scottish Ministers instead of, or concurrently with the Minister concerned, or to be exercisable by him in or as regards Scotland subject to a requirement as to agreement of or consultation with the Scottish Ministers.
Article 2 of the Order provides that the functions conferred on a Minister of the Crown by the enactments specified in Schedule 1 shall be exercisable, in or as regards Scotland, by the Scottish Ministers instead of by a Minister of the Crown, subject, in certain cases, to specified restrictions and requirements (being requirements which would otherwise cease to apply by virtue of section 63(2) of the 1998 Act or additional requirements imposed under section 63(3) of that Act).
Article 3 provides that the functions conferred on a Minister of the Crown by the enactments specified in Schedule 2 shall be exercisable, in or as regards Scotland, by the Scottish Ministers concurrently with the Minister of the Crown concerned subject, in certain cases, to specified restrictions or requirements.
Article 4 provides that the functions conferred on a Minister of the Crown by the enactments specified in Schedule 3 shall be exercisable by him, in or as regards Scotland, subject to the requirements as to agreement or consultation with the Scottish Ministers which are specified in the Schedule in relation to each of the specified functions.
Article 5 and Schedule 4 provide for certain non-statutory functions of a Minister of the Crown in relation to the radio spectrum, tribunals and welfare foods to be exercisable in or as regards Scotland by the Scottish Ministers instead.
Article 6(1) introduces Schedule 5 which makes modifications of enactments. Article 6(2) applies with modifications sections 94 and 117 to 121 of the 1998 Act (which make certain general modifications of enactments) in relation to the exercise of functions by the Scottish Ministers by virtue of the Order.
Article 7 makes transitional and saving provision.
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