| |
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Column 1
|
Column 2
|
|
Enactment
|
Restrictions and requirements
|
The Extradition Act 1989 (c.33)-
(a) sections 6(1) to (4) and (6) and (7);
|
|
(b) section 7(1)[39]; and
|
Only the function of issuing an authority to proceed. |
(c) sections 7(4), 8(4), 9(5)[40], 11(1), 12, 13(1) and (4), 16(5) and 20(2).
|
|
|
The Human Fertilisation and Embryology Act 1990 (c.37), section 30(9). |
|
|
The Broadcasting Act 1990 (c.42), section 183. |
|
The Child Support Act 1991 (c.48)-
(a) sections 22(3), 24(9), 25(6) and 45(1) and (6) and Schedule 4, paragraph 7[41]; and
|
Functions of the Secretary of State only. |
(a) Schedule 4, paragraph 2A[42].
|
Functions of paying allowances only. |
|
The Social Security Administration Act 1992 (c.5), sections 51(1), 52(3) and 189(10) and Schedule 2, paragraph 1(5)[43]. |
Functions of the Secretary of State only. |
The Friendly Societies Act 1992 (c.40)-
(a) section 59(2)(a)[44]; and
|
Functions of the Secretary of State only. |
(b) section 60(4).
|
|
|
The Finance (No.2) Act 1992 (c.48), section 75(1)[45]. |
Functions of the Secretary of State only. |
|
The Tribunals and Inquiries Act 1992 (c.53), sections 9, 10(7) and (8), 13 and 16(2)[46]. |
|
The National Lottery etc. Act 1993 (c.39)-
(a) section 26(1) and (2) as read with section 26A(2)(b), section 26(3), (3A) and (4) as read with section 26A(1)(a)[47], section 29(1), (3), (4) and (5) as read with section 29(6)(c) and (d)[48], sections 35(3)[49] and 43B(1) and section 43C(1) as read with section 43CC(2)(b)[50];
|
|
|
|
The functions shall be exercisable only with the agreement of the Secretary of State. |
(b) section 25C(1)[51] and section 26(1) as read with section 26A(1)(a);
|
The functions shall be exercisable only after consultation with the Secretary of State. |
(c) sections 26(5), 27(1) and (8) and 43C(2), (4) and (5); and
|
|
(d) Schedule 3A, paragraph 2(1) and (2)[52] as read with paragraph 2(6)(a).
|
The functions shall be exercisable only after consultation with the Secretary of State. |
The Intelligence Services Act 1994 (c.13)-
|
Only so far as the function is exercisable-
(a) in relation to an application by the Security Service which is for the purposes of the exercise of their function under section 1(4) of the Security Service Act 1989[53]; and
(b) in relation to an application by the Secret Intelligence Service or GCHQ so far as-
(i) the application is for the purposes of the exercise of their functions by virtue of section 1(2)(c) or 3(2)(c); and
(ii) the purpose of the warrant is to authorise interference with wireless telegraphy.
|
(b) section 6(3) and (4).
|
Only so far as the functions are exercisable in relation to a warrant issued by the Scottish Ministers under section 5 by virtue of this Order. |
The Value Added Tax Act 1994 (c.23)-
(a) Schedule 12, paragraphs 2, 3(2), (4) and (5) and 9[54]; and
|
Functions of the Secretary of State only. |
(b) Schedule 12, paragraph 7(8).
|
Function of paying salary and fees only. |
|
The Trade Marks Act 1994 (c.26), section 77(4)[55]. |
Functions of the Secretary of State only. |
|
The Criminal Justice and Public Order Act 1994 (c.33), section 128[56]. |
|
|
The Disability Discrimination Act 1995 (c.50), section 33. |
|
|
The Reserve Forces Act 1996 (c.14), Schedule 5, paragraphs 10 and 12[57]. |
|
|
The Police Act 1996 (c.16), section 60. |
Only so far as the function is exercisable in relation to matters which are reserved by virtue of Section F3 (occupational and personal pensions) of Schedule 5 to the 1998 Act. |
|
The Employment Tribunals Act 1996 (c.17), section 3[58]. |
The functions shall be exercisable only with the agreement of the Secretary of State. |
|
The Employment Rights Act 1996 (c.18), section 63A(1)(c) and (2)[59]. |
The functions shall be exercisable only after consultation with the Secretary of State. |
|
The Firearms (Amendment) Act 1997 (c.5), section 7(3). |
|
|
The Lieutenancies Act 1997 (c.23), section 2(4). |
|
The Nurses, Midwives and Health Visitors Act 1997 (c.24)-
(a) section 19(5)[60]; and
|
Function of approving rules under section 10 only. |
(b) Schedule 2, paragraph 4.
|
|
|
The Social Security Act 1998 (c.14), sections 5(1) and 79(2), Schedule 1, paragraph 1(4) and Schedule 4, paragraph 8[61]. |
Functions of the Secretary of State only. |
|
The Data Protection Act 1998 (c.29), section 6(4)(a) and (b)[62]. |
Functions of the Secretary of State only. |
|
The Competition Act 1998 (c.41), Schedule 7, paragraphs 2(4) and 4(4)[63]. |
Only the functions of the Secretary of State of being consulted. |
|
The Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2), section 13(1)[64]. |
Functions of the Secretary of State only. |
SUBORDINATE LEGISLATION
|
Column 1
|
Column 2
|
|
Enactment
|
Restrictions and requirements
|
|
The National Health Service (Transfer of Officers and Compensation) (Scotland) Regulations 1948 (S.I. 1948/1465)[65]. |
|
|
The National Health Service (Superannuation) (England and Scotland) Regulations 1948 (S.I. 1948/1483). |
|
|
The Police Pensions Regulations 1971 (S.I. 1971/232)[66]. |
|
|
The Special Constables (Pensions) (Scotland) Regulations 1971 (S.I. 1971/234)[67]. |
|
|
The Police Cadets (Pensions) (Scotland) Regulations 1971 (S.I. 1971/246)[68]. |
|
|
The Special Constables (Pensions) (Scotland) (Lump Sum Payments to Widows etc.) Regulations 1972 (S.I. 1972/1847). |
|
|
The Special Constables (Pensions) (Scotland) Regulations 1973 (S.I. 1973/433)[69]. |
|
|
The Police Cadets (Pensions) (Scotland) Regulations 1973 (S.I. 1973/434)[70]. |
|
|
The Special Constables (Pensions) (Scotland) (Lump Sum Payments to Widows) Regulations 1973 (S.I. 1973/1835). |
|
|
The National Health Service Reorganisation (Retirement of Senior Officers) (Scotland) Regulations 1974 (S.I. 1974/182)[71]. |
|
|
The National Health Service (Compensation) (Scotland) Regulations 1974 (S.I. 1974/1869)[72]. |
|
|
The Special Constables (Pensions) (Scotland) (Lump Sum Payments to Widows) Regulations 1974 (S.I. 1974/1902). |
|
|
The Local Government (Compensation) (Scotland) Regulations 1975 (S.I. 1975/734)[73]. |
|
|
The Fire Services (Compensation) (Scotland) Regulations 1975 (S.I. 1975/1800)[74]. |
|
|
The Scottish Development Agency (Compensation) Regulations 1976 (S.I. 1976/2182)[75]. |
|
|
The Grant-Aided Colleges (Compensation) (Scotland) Regulations 1977 (S.I. 1977/1777)[76]. |
|
|
The National Health Service (Superannuation) (War Service, etc.) (Scotland) Regulations 1977 (S.I. 1977/2138)[77]. |
|
|
The New Town (Stonehouse) (Revocation of Designation) (Compensation) Regulations 1979 (S.I. 1979/98). |
|
|
The Police Pensions (War Service) Regulations 1979 (S.I. 1979/1259)[78]. |
|
|
The National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 1981 (S.I. 1981/1785)[79]. |
|
|
The Merchant Shipping (Section 52 Inquiries) Rules 1982 (S.I. 1982/1752), rule 5(1)[80]. |
|
|
The National Health Service (Superannuation - Special Provisions) (Scotland) Regulations 1984 (S.I. 1984/1970)[81]. |
|
|
The Merchant Shipping (Formal Investigations) Rules 1985 (S.I. 1985/1001), rule 4(1)[82]. |
Functions of appointing assessors only. |
|
The Police Pensions (War Service) (Transferees) Regulations 1985 (S.I. 1985/2029)[83]. |
|
|
The Police (Injury Benefit) Regulations 1987 (S.I. 1987/156)[84]. |
|
|
The Police Pensions Regulations 1987 (S.I. 1987/257)[85]. |
|
|
The Building Societies Appeal Tribunal Regulations 1987 (S.I. 1987/891), regulation 6[86]. |
Functions of the Secretary of State only. |
|
The Banking Appeal Tribunal (Scottish Appeals) Regulations 1987 (S.I. 1987/1336), regulation 6[87]. |
Functions of the Secretary of State only. |
|
The Special Constables (Injury Benefit) (Scotland) Regulations 1987 (S.I. 1987/1698). |
|
|
The Police Cadets (Injury Benefit) (Scotland) Regulations 1987 (S.I. 1987/1700). |
|
|
The Local Government Superannuation (Scotland) Regulations 1987 (S.I. 1987/1850)[88]. |
|
|
The Police Pensions (Purchase of Increased Benefits) Regulations 1987 (S.I. 1987/2215). |
|
|
The Environmental Assessment (Scotland) Regulations 1988 (S.I. 1988/1221), Part III[89]. |
|
|
The Electricity and Pipe-line Works (Assessment of Environmental Effects) Regulations 1990 (S.I. 1990/442)[90]. |
|
|
The Electricity (Applications for Consent) Regulations 1990 (S.I. 1990/455). |
|
|
The Overhead Lines (Exemption) Regulations 1990 (S.I. 1990/2035). |
|
|
The Police Pensions (Additional Voluntary Contributions) Regulations 1991 (S.I. 1991/1304). |
|
|
The Firemen's Pension Scheme Order 1992 (S.I. 1992/129)[91]. |
|
|
The Teachers' Superannuation (Scotland) Regulations 1992 (S.I. 1992/280)[92]. |
|
|
The Road Traffic (Temporary Restrictions) (Procedure) Regulations 1992 (S.I. 1992/1215). |
Only so far as the functions are exercisable in relation to the imposition of speed limits. |
|
The Traffic Signs Regulations and General Directions 1994 (S.I. 1994/1519). |
|
|
The Roads (Traffic Calming) (Scotland) Regulations 1994 (S.I. 1994/2488). |
|
|
The National Health Service Superannuation Scheme (Scotland) Regulations 1995 (S.I. 1995/365)[93]. |
|
|
The Teachers' Superannuation (Additional Voluntary Contributions) (Scotland) Regulations 1995 (S.I. 1995/2814). |
|
|
The Welfare Food Regulations 1996 (S.I. 1996/1434), regulations 12(2), 15(2), 16 and 20. |
|
|
The Deregulation (Model Appeal Provisions) Order 1996 (S.I. 1996/1678), in the Schedule, rules 6(2), (3) and (9) and 33(3)[94]. |
|
|
The Teachers (Compensation for Premature Retirement and Redundancy) (Scotland) Regulations 1996 (S.I. 1996/2317)[95]. |
|
|
The Merchant Shipping (Section 63 Inquiries) Rules 1997 (S.I. 1997/347), rule 5(1)[96]. |
|
|
The Local Government Superannuation (Scotland) Amendment (No. 3) Regulations 1997 (S.I. 1997/1435)[97]. |
|
|
The Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (S.I. 1997/2400). |
|
|
The Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 1998 (S.I. 1998/192). |
|
|
The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 1998 (S.I. 1998/364). |
|
|
The Local Government Pension Scheme (Scotland) Regulations 1998 (S.I. 1998/366). |
|
|
The Road Humps (Scotland) Regulations 1998 (S.I. 1998/1448). |
|
|
The National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998 (S.I. 1998/1451). |
|
|
The National Health Service (Scotland) (Injury Benefits) Regulations 1998 (S.I. 1998/1594). |
|
SCHEDULE 2Article 3
ENACTMENTS CONFERRING FUNCTIONS EXERCISABLE CONCURRENTLY BY THE SCOTTISH MINISTERS AND MINISTERS OF THE CROWN
|
Column 1
|
Column 2
|
|
Enactment
|
Restrictions and requirements
|
|
The Police (Scotland) Act 1967 (c.77), section 32A[98]. |
|
|
The Sewerage (Scotland) Act 1968 (c.47), sections 37B and 55(4)[99]. |
The functions shall be exercisable only after consultation with the Secretary of State. |
|
The European Communities Act 1972 (c.68), section 2(2) and the European Communities (Designation) Order 1988 (S.I. 1988/785). |
Only so far as the functions are exercisable in relation to the subject matter of Part III (electricity applications) of the Environmental Assessment (Scotland) Regulations 1988 (S.I. 1988/1221)[100]. |
|
The Control of Pollution Act 1974 (c.40), sections 36(2B), 42A(1), 42A(2), 42A(4) and 105(3C)[101]. |
The functions shall be exercisable only after consultation with the Secretary of State. |
|
The Water (Scotland) Act 1980 (c.45), section 110A(4)[102]. |
The functions shall be exercisable only after consultation with the Secretary of State. |
|
The Electricity Act 1989 (c.29), section 98(1) and (2). |
|
|
The Broadcasting Act 1990 (c.42), Schedule 1, paragraph 15(1), Schedule 8, paragraph 15(1) and Schedule 19, paragraph 12(3)[103]. |
|
|
The Environmental Protection Act 1990 (c.43), sections 21(1), 21(2), 21(4), 65(1), 65(2), 65(4) and 159(4). |
The functions shall be exercisable only after consultation with the Secretary of State. |
|
The Social Security Administration Act 1992 (c.5), paragraph 7(1)(b) of Schedule 2[104]. |
Function of paying allowances only. |
|
The Radioactive Substances Act 1993 (c.12), sections 25(1), 25(2) and 39(1). |
The functions shall be exercisable only after consultation with the Secretary of State. |
The National Lottery etc. Act 1993 (c.39)-
|
|
(b) section 25C(5)(c) and (d) and (6)[106];
|
|
(c) sections 34, 35(4) and 39(3)[107]; and
|
|
(d) section 43D(3)[108].
|
|
The Railways Act 1993 (c.43)-
(a) sections 74(1) and (3), 75(1) and (2), 76(6)(a) and 79(1);
|
|
(b) section 137; and
|
The functions shall be exercisable only after consultation with the Secretary of State. |
(c) section 139(1), (2), (3), (5) and (6).
|
The functions shall be exercisable only after consultation with the Secretary of State. |
|
The Local Government etc. (Scotland) Act 1994 (c.39), section 117(1), (2) and (5). |
The functions shall be exercisable only after consultation with the Secretary of State. |
|
The Environment Act 1995 (c.25), sections 113(2), 113(3) and 115(5). |
The functions shall be exercisable only after consultation with the Secretary of State. |
|
The Broadcasting Act 1996 (c.55), section 125(1)[109]. |
|
[39]
Section 7(1) was amended by the Criminal Justice and Public Order Act 1994 (c.33), Schedule 9, paragraph 37.back
[40]
Sections 7, 8 and 9 were amended by the Criminal Justice and Public Order Act 1994, section 158.back
[41]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678. Functions under this enactment are treated as exercisable in or as regards Scotland for the purposes of section 63 of the 1998 Act by virtue of S.I. 1999/1748.back
[42]
Paragraph 2A was inserted by the Child Support Act 1995 (c.34), Schedule 3, paragraph 18(1) and amended (prospectively) by the Social Security Act 1998 (c.14), Schedule 7, paragraph 51.back
[43]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678. Functions under this enactment are treated as exercisable in or as regards Scotland for the purposes of section 63 of the 1998 Act by virtue S.I. 1999/1748. Paragraph 1(5) of Schedule 2 was amended by the Judicial Pensions and Retirement Act 1993 (c.8), Schedule 6, paragraph 21(4). Sections 51, 52 and 189(10) and Schedule 2 are repealed (prospectively) by the Social Security Act 1998 (c.14), Schedule 8.back
[44]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678.back
[45]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678. Functions under this enactment are treated as exercisable in or as regards Scotland for the purposes of section 63 of the 1998 Act by virtue of S.I. 1999/1748.back
[46]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678. Section 13 was amended by the Pensions Act 1995 (c.26), Schedule 7, Part III.back
[47]
The functions under section 26 were modified by S.I. 1999/1756, which inserted section 26A. Section 26(3A) was inserted by the National Lottery Act 1998, section 11(2).back
[48]
The functions under section 29 were modified by S.I. 1999/1756, which added subsection (6).back
[49]
The function under this enactment was modified by S.I. 1999/1756.back
[50]
Sections 43B and 43C were inserted by the National Lottery Act 1998, section 7(2). The function under section 43C(1) was modified by S.I. 1999/1756, which inserted section 43CC.back
[51]
Section 25C was inserted by the National Lottery Act 1998 (c.22), section 13. These functions were modified by S.I. 1999/1756.back
[52]
Schedule 3A was inserted by the National Lottery Act 1998, section 12 and Schedule 3. The functions under paragraph 2(1) and (2) were modified by S.I. 1999/1756, which added subparagraph (6).back
[53]
1989 c.5. Section 1(4) was inserted by section 1(1) of the Security Service Act 1996 (c.35).back
[54]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678. Functions under this enactment are treated as exercisable in or as regards Scotland for the purposes of section 63 of the 1998 Act by virtue of S.I. 1999/1748.back
[55]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678. Functions under this enactment are treated as exercisable in or as regards Scotland for the purposes of section 63 of the 1998 Act by virtue of S.I. 1999/1748.back
[56]
The function under this enactment was modified by S.I. 1999/1756.back
[57]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678.back
[58]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678. The short title of this Act was changed by the Employment Rights (Dispute Resolution) Act 1998 (c.8), section 1(2).back
[59]
Section 63A was inserted by the Teaching and Higher Education Act 1998 (c.30), section 32.back
[60]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678.back
[61]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678. Functions under this enactment are treated as exercisable in or as regards Scotland for the purposes of section 63 of the 1998 Act by virtue of S.I. 1999/1748.back
[62]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678. Functions under this enactment are treated as exercisable in or as regards Scotland for the purposes of section 63 of the 1998 Act by virtue of S.I. 1999/1748.back
[63]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678. Functions under this enactment are treated as exercisable in or as regards Scotland for the purposes of section 63 of the 1998 Act by virtue of S.I. 1999/1748.back
[64]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678. Functions under this enactment are treated as exercisable in or as regards Scotland for the purposes of section 63 of the 1998 Act by virtue of S.I. 1999/1748.back
[65]
Amended by S.I. 1960/799.back
[66]
Amended by S.I. 1971/583, 1327 and 1466, 1972/1642, 1974/1533 and 1796, 1975/1718, 1976/1707, 1977/1705, 1978/1578, 1979/1287, 1980/1616, 1986/1380; restricted to "old cases" by S.I. 1987/256.back
[67]
Amended by S.I. 1971/585, 1402 and 1501; restricted to "old cases" by S.I. 1973/433.back
[68]
Restricted to "old cases" by S.I. 1973/434.back
[69]
Amended by S.I. 1974/1630; 1979/784, 1980/1411.back
[70]
Amended by S.I. 1974/1629, 1979/783, 1980/1410, 1982/1660, 1987/1699.back
[71]
Amended by S.I. 1975/7.back
[72]
Amended by S.I. 1981/1785.back
[73]
Amended by S.I. 1975/1864 and 1983/264.back
[74]
Amended by S.I. 1983/263.back
[75]
Amended by S.I. 1983/265.back
[76]
Amended by S.I. 1981/1054.back
[77]
Amended by S.I. 1981/1018.back
[78]
Amended by S.I. 1987/256.back
[79]
Amended by S.I. 1985/2036 and 1992/3046.back
[80]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678.back
[81]
Amended by S.I. 1986/701.back
[82]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678.back
[83]
Amended by S.I. 1987/256 and 1907.back
[84]
Amended by S.I. 1987/256 and 341, 1992/2349.back
[85]
Amended by S.I. 1987/2215, 1988/1339, 1989/733, 1990/805, 1991/1517, 1992/1343 and 2349, 1994/641, 1996/867, 1997/1429 and 2852 and 1998/577.back
[86]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678. Functions under this enactment are treated as exercisable in or as regards Scotland for the purposes of section 63 of the 1998 Act by virtue of S.I. 1999/1748.back
[87]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678.back
[88]
Amended by S.I. 1988/625, 1989/422, 802 and 967, 1990/422 and 1284, 1991/78, 1992/1220, 1597 and 3025, 1993/1593, 2013 and 3044, 1994/5311, 1995/214, 750, 2865 and 3294, 1996/414 and 1241 and 1997/674, 1143, 1373, 1435 and 3048, restricted by S.I. 1998/364.back
[89]
Part III was amended by S.I. 1990/526 and 1994/2012.back
[90]
Amended by S.I. 1996/422, 1997/629. Functions under this enactment were modified by the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756).back
[91]
Amended by S.I. 1997/2309 and 2851 and 1998/1010.back
[92]
Amended by S.I. 1992/1025 and 1597, 1993/490 and 2513, 1994/1715 and 2699, 1995/840 and 1670, 1997/676, 1998/718.back
[93]
Amended by S.I. 1997/1434 and 1916, 1998/1593.back
[94]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678. The Deregulation (Model Appeal Provisions) Order 1996 was applied by the Chemical Weapons (Licence Appeal Provisions) Order 1996 (S.I. 1996/3030).back
[95]
Amended by S.I. 1997/675, 1998/719.back
[96]
Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678.back
[97]
Restricted by S.I. 1998/364, regulation 4(3).back
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