The Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 2000

Statutory Instruments

2000 No. 3250

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2)Order 2000

Made

13th December 2000

Laid before Parliament

8th January 2001

Laid before the Scottish Parliament

8th January 2001

Coming into force

29th January 2001

At the Court at Buckingham Palace, the 13th day of December 2000

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by sections93(3) and 113 of the Scotland Act 1998(1), and of all otherpowers enabling Her in that behalf, is pleased, by and with the advice ofHer Privy Council, to order, and it is hereby ordered, as follows:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Scotland Act 1998 (Agency Arrangements)(Specification) (No. 2) Order 2000 and shall come into force on 29thJanuary 2001.

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

Specification of functions

2.—(1) The functions exercisable by the Scottish Ministers under theenactments mentioned in Schedule 1 to this Order are hereby specified forthe purposes of section 93(1) of the 1998 Act.

(2) The functions of the Scottish Ministers described in Schedule 2 to thisOrder are hereby specified for the purposes of section 93(1) of the 1998Act.

A. K. Galloway

Clerk of the Privy Council

Article 2(1)

SCHEDULE 1 FUNCTIONS EXERCISABLE BY THE SCOTTISH MINISTERS

1.  Regulation 3 of the Air Quality Standards Regulations 1989(2) (functions in relation to measurement of sulphur dioxide andsuspended particulates).

2.  Regulation 5 of the Air Quality Standards Regulations 1989 (functionsin relation to measurement of lead in air).

3.  Regulation 7 of the Air Quality Standards Regulations 1989 (functionsin relation to measurement of nitrogen dioxide in the atmosphere).

4.  Regulation 2 of the Ozone Monitoring and Information Regulations1994(3) (functions relating to measuring stations).

5.  Regulation 3(2), (3) and (4) of the Ozone Monitoring and InformationRegulations 1994 (functions relating to measurement of ozoneconcentrations).

6.  Regulation 4 of the Ozone Monitoring and Information Regulations 1994(function of informing the public if ozone concentration values areexceeded).

7.  Regulation 5 of the Sulphur Content of Liquid Fuels (Scotland)Regulations 2000(4) (functions in relation to ensuring thatsampling is carried out of heavy fuel oil and gas oil used in Scotland).

8.  Section 108(1) of the Environment Act 1995(5) insofar asthose functions are exercised for the purposes of regulation 5 of theSulphur Content of Liquid Fuels (Scotland) Regulations 2000 (function ofauthorising a person who appears suitable to an enforcing authority toexercise certain powers).

Article 2(2)

SCHEDULE 2 FUNCTIONS OF THE SCOTTISH MINISTERS

1.  The function of taking steps preparatory to the implementation ofDirective 96/62/EC of 27th September 1996 on ambient air quality assessmentand management and the legislation provided for in Article 4 thereof.

2.  The function of installing and operating measuring stations for thepurpose of measuring the concentration in the air of substances or theirdeposition on to land or surface waters, where such installation oroperation is carried out otherwise than in pursuance of a function imposedby the other provisions mentioned in this Schedule and in Schedule 1 tothis Order.

Explanatory Note

(This note is not part of the Order)

This Order specifies certain functions of the Scottish Ministers forthe 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 hisspecified functions to be exercised on his behalf by the Scottish Ministersand allows the Scottish Ministers to make arrangements for any of theirspecified functions to be exercised on their behalf by a Minister of theCrown.

The functions of the Scottish Ministers which are specified by thisOrder are those exercisable by the Scottish Ministers under the enactmentsspecified in the Schedules to this Order, which are statutory and nonstatutory functions relating to monitoring air quality, functions relatingto sulphur sampling of gas, oil and heavy fuel oil and functions as regardspowers of entry under regulation 5 of the Sulphur Content of Liquid Fuels(Scotland) Regulations 2000.

(1)

1998 c. 46.

(2)

S.I. 1989/317.

(3)

S.I. 1994/440.

(4)

S.S.I. 2000/169.

(5)

1995 c. 25.