2006 No. 3248

CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
FOOD

The Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 2006

Made

Laid before Parliament

Laid before the Scottish Parliament

Coming into force

Her Majesty, in exercise of the powers conferred upon Her by sections 93(3) and 113(2) and (4) 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) (No. 2) Order 2006 and shall come into force immediately after the articles mentioned in article 1(3) of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 3) Order 20062 come into force.

Specification of functions2

The functions exercisable by the Scottish Ministers under regulations 5(2), 10(4) and 14(2) of the Healthy Start Scheme and Welfare Food (Amendment) Regulations 20053 are hereby specified for the purposes of section 93(1) of the Scotland Act 1998.

Modifications of enactments3

In the Scotland Act 1998 (Agency Arrangements) (Specification) Order 19994–

a

in article 1(3) (citation, commencement and interpretation) omit the words “NHS Trust” and “family credit”;

b

in paragraph 1 of Schedule 3 (Functions of the Scottish Ministers) omit the words “an NHS Trust or” and “and for dried milk sold to family credit beneficiaries at a reduced price”; and

c

in paragraph 2 of Schedule 3 for the words “an NHS Trust or” substitute “a”.

Meriel McCullaghDeputy Clerk 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 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 2, for the purposes of section 93(1) of the Scotland Act 1998, specifies the payment functions of the Scottish Ministers under regulations 5(2) (Healthy Start food and payments in lieu), 10(4) (failure to receive benefit represented by the voucher) and 14(2) (payment of food outlet) of the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005. These functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 3) Order 2006.

Article 3 modifies the specification of the functions of the Scottish Ministers in relation to the welfare food scheme under the Welfare Food Regulations 1996, which have previously been specified for the purposes of section 93(1) in the Scotland Act 1998 (Agency Arrangements) (Specification) Order 1999. The changes reflect the abolition of NHS Trusts in Scotland and the revocation of the regulations in relation to provision of dried milk at a reduced price in the Welfare Food Regulations 1996.