| Statutory Instruments 1999 No. 1820 The Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 - continued |
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Town and Country Planning (Scotland) Act 1959 (c.70)
Flood Prevention (Scotland) Act 1961 (c.41)
(b) in paragraph (c), the words from "the Secretary" to "Scotland" are omitted; and (c) at the end there is inserted "and, in relation to Scotland, "the Ministers", and any reference to one of the Ministers, means the Scottish Ministers".
Harbours Act 1964 (c.40)
(b) subsection (5) is omitted.
Law Commissions Act 1965 (c.22)
(b) after subsection (3), there is inserted-
(4) In section 4 (remuneration and pensions of Commissioners)-
(b) after subsection (1) there is inserted-
(b) in the case of the Scottish Law Commission, the Scottish Ministers shall lay before the Scottish Parliament,";
(d) in subsection (4), there is inserted at the beginning-
(5) In section 5 (staff and expenses)-
(b) after subsection (1) there is inserted-
(d) after subsection (4) there is inserted-
(6) In section 6(2) (supplemental), for "and the Lord Advocate", there is substituted "the Scottish Ministers".
(b) any Scottish public authority with mixed functions or no reserved functions within the meaning of the Scotland Act 1998; or (c) the Scottish Parliamentary Corporate Body.".
(3) In section 5 (matters subject to investigation)-
(5B) The Commissioner shall not conduct an investigation under this Act in respect of any action concerning Scotland and not relating to reserved matters which is taken by or on behalf of a cross-border public authority within the meaning of the Scotland Act 1998."; and
(4) For section 6(1)(b) (provisions relating to complaints), there is substituted-
(1A) An authority or body is within this subsection if-
(ii) any Minister of the Crown; (iii) any government department; (iv) the Scottish Ministers; (v) the First Minister; or (vi) the Lord Advocate, or
(b) its revenues consist wholly or mainly of-
(ii) sums payable out of the Scottish Consolidated Fund (directly or indirectly).".
(5) In Schedule 2 (departments etc. subject to investigation by Parliamentary Commissioner)[32]-
the entries relating to- the Accounts Commission for Scotland[33], the Scottish Arts Council[34], the Crofters Commission, the Deer Commission for Scotland[35], the General Teaching Council for Scotland[36], the Local Government Boundary Commission for Scotland[37], the National Galleries of Scotland[38], the National Library of Scotland[39], the National Museums of Scotland[40], the Parole Board for Scotland[41], the Department of the Registers of Scotland, General Register Office, Scotland, the Royal Botanic Garden, Edinburgh[42], the Royal Commission on the Ancient and Historical Monuments of Scotland[43], the Scottish Agricultural Wages Board[44], the Scottish Children's Reporter Administration[45], the Scottish Community Education Council[46], the Scottish Consultative Council on the Curriculum[47], the Scottish Council for Educational Technology[48], Scottish Courts Administration, the Scottish Environment Protection Agency[49], the Scottish Further Education Funding Council[50], the Scottish Further Education Unit[51], the Scottish Higher Education Funding Council[52], Scottish Homes[53], the Scottish Legal Aid Board[54], the Scottish Medical Practices Committee, Scottish Natural Heritage[55], the Scottish Office, the Scottish Record Office, the Scottish Qualifications Authority[56], Scottish Screen Limited[57], the Scottish Sports Council, the Scottish Studentship Selection Committee[58], the Scottish Tourist Board, the Scottish Water and Sewerage Customers' Council[59]; and (b) the following entry shall be inserted at the appropriate place-
(6) In Schedule 4 (relevant tribunals for purposes of section 5(7))[60], the following entries are omitted-
and, at the end of the entry relating to the Meat Hygiene Appeals Tribunal there is inserted the words "other than a Tribunal any of whose members was appointed by the Secretary of State for Scotland or by the Scottish Ministers".
(b) subsection (4)(a) shall cease to have effect; and (c) in subsection (4)(b) the reference to any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days shall be read as if it were a reference to any time during which the Scottish Parliament is dissolved or is in recess for more than four days.".
Police (Scotland) Act 1967 (c.77)
(b) in subsection (5), for "Secretary of State may with the approval of the Treasury", there is substituted "Scottish Ministers may".
(3) In section 33 (inspectors of constabulary)-
(b) in subsection (2), for the word "Treasury" there is substituted "Scottish Ministers"; and (c) in subsection (4), for "Secretary of State" in each place where the words appear, there is substituted "Scottish Ministers".
(4) In section 34 (assistant inspectors and staff officers), in subsection (2) for "Secretary of State may, with the consent of the Treasury," there is substituted "Scottish Ministers may".
(b) after subsection (1) there is inserted-
(3) In section 6 (report to Parliament), at the end there is inserted "or, in the case of a report in relation to Scotland, before the Scottish Parliament".
(6) In section 12 (power to prohibit deposit of shellfish)-
(b) after subsection (2) there is inserted-
(7) In section 13 (power to prohibit importation of shellfish in certain cases)[64]-
(b) after subsection (4) there is inserted-
(8) In section 17 (taking and sale of certain crabs and lobsters prohibited)[65]-
(b) after subsection (3) there is inserted-
(b) for "England and Wales" there is substituted "Scotland".".
(9) In section 20 (orders and regulations)-
(b) in subsection (3), at the end there is inserted "or, in the case of an order in relation to Scotland, the Scottish Parliament".
(10) In section 22 (interpretation)-
(b) in subsection (2), there is inserted in the appropriate place-
Sea Fish (Conservation) Act 1967 (c.84)
(b) before "British fishery limits", "British fishing boat" or "British fishing boats", in each place where it appears, there is inserted "relevant".
(3) In section 1 (size limits, etc. for fish)[66]-
(b) in subsection (8), after "relevant British fishing boat" there is inserted "or a Scottish fishing boat"; and (c) in subsection (9)[67]-
(ii) in the definition of "foreign fishing boat", after "relevant British fishing boat" there is inserted "or a Scottish fishing boat".
(4) In section 3(2) (regulation of nets and other fishing gear), after "by" there is inserted "Scottish fishing boats or".
(b) in subsection (12)-
(ii) in the definition of "foreign fishing boat" after "owned" there is inserted "and which is not a Scottish fishing boat".
(6) In section 6 (prohibition of landing of sea fish caught in certain areas)[69]-
(b) in subsection (4), the words "Secretary of State for Scotland or" are omitted and after "Ireland" there is inserted "or of a member of the staff of the Scottish Administration".
(7) In section 7 (declarations for purposes of section 6 orders)[70] for "the United Kingdom", in each place where it appears, there is substituted "England and Wales or Northern Ireland".
(b) in subsection (1)(a), after "relevant British fishing boats" there is inserted "or Scottish fishing boats".
(9) In section 17 (enforcement of orders under section 3) after "relevant British fishing boat" there is inserted "or Scottish fishing boat".
(12) In section 22(2)[73], in the definition of "the appropriate Minister", the words from "and, in relation to Scotland" to "Scotland" are omitted.
22A. - (1) This Act has effect in relation to Scotland with the following modifications (and any other necessary modifications). (2) Except in sections 17 and 22-
(b) for "relevant British fishing boat" or "relevant British fishing boats" there is substituted "Scottish fishing boat" or "Scottish fishing boats"; (c) for "Scottish fishing boat" or "Scottish fishing boats" there is substituted "relevant British fishing boat" or "relevant British fishing boats"; and (d) for "relevant British fishery limits" there is substituted "the Scottish zone".
(3) In sections 4 and 4A any reference to one of the Ministers or any reference (however expressed) to the Minister who grants or has granted the licence shall be construed as a reference to the Scottish Ministers.
(b) for "those limits" there is substituted "that zone".
(7) In section 6(1) and (1A), the words "after consultation with the Secretary of State for Trade" are omitted.
(b) the words "after consultation with the Ministers", wherever they appear, are omitted.
(9) In section 9(1) to (4), for "one of the Ministers", wherever those words appear, there is substituted "Scottish Ministers".
(b) for "those limits" there is substituted "that zone".
(11) In section 20-
(b) any reference to the approval or annulment of an instrument by resolution of each or either House of Parliament shall be construed as a reference to approval of the instrument by resolution of the Scottish Parliament; and (c) in subsection (4) the words "or prorogued" are omitted.
(12) In section 22(2)-
(b) except in relation to section 4AA, in the definition of "the Ministers", for paragraphs (a) to (c) there is substituted "means the Scottish Ministers".
(13) In subsection (3), at the end there is inserted "; but this subsection shall not apply to Scotland".".
Countryside (Scotland) Act 1967 (c.86)
Sewerage (Scotland) Act 1968 (c.47) Notes: [24] Section 54(1) was amended by the Local Government (Scotland) Act 1966 (c.51), Schedule 5, paragraph 5 and the Housing (Financial Provisions) (Scotland) Act 1972 (c.46), Schedule 11, Part III.back [25] Section 33(2) was amended by the Sea Fish (Conservation) Act 1967 (c.84), Schedule and the Sea Fish Industry Act 1970 (c.11), Schedule 6, Part I.back [26] The references to the Lord Advocate in this Act have effect as references to the Secretary of State by virtue of the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678).back [27] Section 2 was amended by S.I. 1972/2002.back [28] Section 2(1) was amended by S.I. 1968/1656.back [29] Section 4(1) was amended by S.I. 1968/1656.back [30] Section 24 was substituted by S.I. 1974/2056 and amended by the Atomic Energy Act 1989 (c.7), section 6(1).back [31] Subsection (3B) of section 4 was inserted by S.I. 1999/1042.back [32] Schedule 2 was substituted by the Parliamentary and Health Service Commissioners Act 1987 (c.39), section 1(2) and Schedule 1.back [33] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [34] Inserted in Schedule 2 by S.I. 1995/1615, article 2.back [35] Inserted in Schedule 2 by the Deer (Amendment) (Scotland) Act 1996 (c.44), section 13, Schedule 1, paragraph 3.back [36] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [37] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [38] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [39] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [40] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [41] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [42] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [43] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [44] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [45] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [46] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [47] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [48] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [49] Inserted in Schedule 2 by the Environment Act 1995 (c.25), section 120 and Schedule 22, paragraph 11.back [50] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [51] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [52] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [53] Inserted in Schedule 2 by the Housing (Scotland) Act 1988 (c.43), sections 1 and 3 and Schedule 2, paragraph 2.back [54] Inserted in Schedule 2 by S.I. 1988/585, article 2.back [55] Inserted in Schedule 2 by the Natural Heritage (Scotland) Act 1991 (c.28), section 27(1) and Schedule 10, paragraph 3.back [56] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [57] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [58] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [59] Inserted in Schedule 2 by S.I. 1999/277, article 2.back [60] Schedule 4 was inserted by the Parliamentary Commissioner Act 1994 (c.14), section 1(3) and amended by S.I. 1996/1914.back [61] Section 3A was inserted by the Animal Health and Welfare Act 1984 (c.40), section 7.back [62] Section 32 was substituted by the Crime and Punishment (Scotland) Act 1997 (c.48), section 45.back [63] Section 1 was amended by the Sea Fisheries Act 1968 (c.77), section 15(2) and the Fishery Limits Act 1976 (c.86), Schedule 2, paragraph 15.back [64] Section 13 was amended by S.I. 1972/971 and the Hovercraft Act 1968 (c.59), Schedule, paragraph 4.back [65] Section 17 was amended by S.I. 1978/272 and the Criminal Justice and Public Order Act 1994 (c.33), Schedule 8.back [66] Section 1 was substituted by the Fisheries Act 1981 (c.29), section 19(1).back [67] Section 1(9) was substituted by the Merchant Shipping Act 1995 (c.21), section 314 and Schedule 13, paragraph 38.back [68] Section 4 was substituted by the Fishery Limits Act 1976 (c.86), section 3 and extended by S.I. 1978/280 and S.I. 1978/281.back [69] Section 6 was amended by the Fisheries Act 1981 (c.29), section 33(1) and Schedule 4, Part I, paragraph 17.back [70] Section 7 was amended by the Fisheries Act 1981 (c.29), section 23.back [71] Section 18(2) was amended by the Fishery Limits Act 1976 (c.86), Schedule 2, paragraph 16(5).back [72] Section 22(1) was amended by the Sea Fisheries Act 1981 (c.29) Schedule 1, paragraph 39, the Fisheries Act 1981 (c.29), section 21(2)(c), the Merchant Shipping (Registration, etc.) Act 1993 (c.22), section 8(1) and Schedule 2, paragraph 8, and the Merchant Shipping Act 1995 (c.21), section 314 and Schedule 13, paragraph 38(c).back [73] Section 22(2) was amended by the Fisheries Act 1981 (c.29), section 19.back [74] Section 38(6) was amended by the Planning (Consequential Provisions) (Scotland) Act 1997 (c.11), Schedule 2, paragraph 15(2).back
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