Citation, commencement and extent1.

(1)

This Order may be cited as the Scotland Act 1998 (Cross Border Public Authorities) (Traffic Commissioner for the Scottish Traffic Area) Order 2007 and shall come into force on 1st October 2007.

(2)

This Order does not extend to Northern Ireland.

Transfer of functions to the Scottish Ministers2.

The functions which are conferred on a Minister of the Crown by the enactments specified in column 1 of the Schedule shall–

(a)

so far as exercisable by that Minister in relation to the Traffic Commissioner for the Scottish Traffic Area; and

(b)

subject to any restriction in the corresponding entry in column 2 of the Schedule,

be exercisable by the Scottish Ministers instead of by the Minister of the Crown.

General modification of enactments3.

Sections 117 and 118 (general modification of enactments) of the Scotland Act 1998 shall apply in relation to the exercise of functions by the Scottish Ministers by virtue of article 2 of this Order as they apply in relation to the exercise of functions by the Scottish Ministers within devolved competence.

Transitional and saving provisions4.

(1)

The transfer, by virtue of this Order, of any function exercisable by a Minister of the Crown to the Scottish Ministers shall not affect the validity of anything done (or having effect as if done) by or in relation to a Minister of the Crown, for the purposes of or in connection with any such function, before the date on which the transfer takes effect.

(2)

Anything (including legal proceedings) which, at the time when that transfer takes effect, is in the process of being done by or in relation to a Minister of the Crown may, so far as it relates to any function transferred, be continued by or in relation to the Scottish Ministers.

(3)

Anything done (or having effect as if done) by or in relation to a Minister of the Crown for the purposes of or in connection with any function transferred to the Scottish Ministers by virtue of this Order shall, if in force at the time when that transfer takes effect, have effect as if done by or in relation to the Scottish Ministers in so far as that is required for continuing its effect after that time.

Judith Simpson
Clerk of the Privy Council