- Statutory Instrument 2002 No. 2636
The Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) (Amendment) Order 2002
© Crown Copyright 2002
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) (Amendment) Order 2002, ISBN 0 11061685 5. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 22nd October 2002 | ||
| Coming into force | 23rd October 2002 |
Whereas a draft of this Order has been-
-
(a) laid before and approved by a resolution of each House of Parliament; and
(b) laid before and approved by a resolution of the Scottish Parliament;
And whereas the Meat and Livestock Commission has been specified as a cross-border public authority by the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999[1];
And whereas it has been recommended to Her Majesty in Council to make this Order following consultation with the Meat and Livestock Commission;
Now therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 89 and 113 of the Scotland Act 1998[2], and of all other powers enabling Her in that behalf, is pleased by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Citation and commencement
1. This Order may be cited as the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) (Amendment) Order 2002 and shall come into force on the day after the day on which it is made.
Amendment of the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999
2. In article 3 of the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999[3], for ", which modifications", substitute "and the provisions set out in Parts III and IV of Schedule 16 to this Order, which modifications and provisions".
3. In Schedule 16 to the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999-
-
(a) in paragraph 1(2) of Part I (Application and Interpretation)-
-
(i) after the definition of "the Commission", "and" is omitted; and
(ii) after the definition of "the Consumers Committee" there are added the following definitions-
-
"
"levy" means the levy received by the Commission under a levy scheme confirmed under section 13 of the 1967 Act[4]; and
-
"the Scottish levy" means that part of the levy which is determined in accordance with paragraph 6(1).";
-
(b) in Part II (Modifications)-
-
(i) at the end of paragraph 2(4), there is added "and shall, with effect from the coming into force date of the Scotland Act 1998 (Cross Border Public Authorities) (Adaptation of Functions etc.) (Amendment) Order 2002, be disapplied to any function to which paragraph 4 or 5 applies"; and
(ii) after paragraph 3 there is added-
-
"
4.
- (1) This paragraph applies to the function of giving directions to the Commission under section 20 of the 1967 Act in so far as it relates to the use of the Scottish levy.
(2) The function to which this paragraph applies shall be exercisable by the Scottish Ministers acting alone.
5. - (1) This paragraph applies, where there is in force a determination under paragraph 6(1), to the function of giving directions to the Commission under section 20 of the 1967 Act in so far it relates to the use of the levy other than the Scottish levy.
(2) The function to which this paragraph applies shall be exercisable by the Secretary of State and the National Assembly for Wales acting jointly."; and
-
(c) after Part II (Modifications), there is added-
6. - (1) The Secretary of State, the National Assembly for Wales and the Scottish Ministers, acting jointly, may from time to time make a determination of the Scottish levy.
(2) Before making a determination under paragraph 1, the Secretary of State, the National Assembly for Wales and the Scottish Ministers shall in such manner as they consider appropriate consult the Commission and such other persons as appear to them to represent the interests concerned.
7. - (1) Notwithstanding section 19(1) of the 1967 Act[5], the Commission shall prepare and transmit annually a report to the Scottish Ministers with respect to the discharge of their functions in relation to the Scottish levy, and the Scottish Ministers shall lay a copy of the report before the Scottish Parliament.
(2) For the purposes of paragraph 2(3) of Part II of Schedule 1 to the 1967 Act the functions of the Commission under this paragraph shall be treated as functions conferred on the Commission by Part I of the 1967 Act.".
A. K. Galloway
Clerk of the Privy Council
(This note is not part of the Order)
This Order, which comes into force on the day after the day on which it is made, amends Schedule 16 to the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 (S.I. 1999/1747) ("the 1999 Order") in relation to the Meat and Livestock Commission ("the Commission").
The Order provides-
-
(a) for part of the levy raised under a levy scheme confirmed under section 13 of the Agriculture Act 1967 to be determined as a Scottish levy by the Secretary of State, the National Assembly for Wales and the Scottish Ministers acting jointly (new paragraph 6(1));
(b) that the function of giving directions to the Commission in respect of spending the Scottish levy will fall to the Scottish Ministers alone, and the function of giving directions in respect of the spending of the remainder of the levy will fall to the Secretary of State and the National Assembly for Wales acting jointly (new paragraphs 4 and 5); and
(c) for the Commission to produce a separate report on the spending of the Scottish levy and to transmit that report to the Scottish Ministers who will lay it before the Scottish Parliament (new paragraph 7(1)).
The Order also provides that the function in paragraph 7(1) shall be treated as a function under Part I of the Agriculture Act 1967 which will allow it to be delegated by the Commission (new paragraph 7(2)).
No regulatory impact assessment has been prepared in relation to this Order.
Notes:
[1] S.I. 1999/1319.back
[3] S.I. 1999/1747, to which there are amendments not relevant to this instrument.back
[5] Following the preparation and transmission of an annual report under section 19(1) of the 1967 Act, a copy of that report is, by virtue of section 88(3) of the Scotland Act 1998 (c.46), required to be laid before the Scottish Parliament.back
ISBN 0 11061685 5