Citation and commencement_I1

1. This Order may be cited as the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 and shall come into force on the principal appointed day(3)

Interpretation_I2

2. In this Order, “the Act” means the Scotland Act 1998 .

Adaptation of functions etc._I3

3. The modifications mentioned in Part II of each of Schedules 2 to 23 to this Order [^F1and the provisions set out in Parts III and IV of Schedule 16 to this Order, which modifications and provisions^F1] relate to the cross-border public authority or authorities mentioned in Part I of each of those Schedules, shall have effect.

Modification of enactments_I4

4. Sections 118 to 121 of the Act shall apply in relation to any function exercisable by the Scottish Ministers alone by virtue of this Order as they apply in relation to functions of the Scottish Ministers exercisable within devolved competence.

Transitional and saving provisions_I5

5.—(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 before 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 the 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.

Preamble

SCHEDULE 1 CROSS-BORDER PUBLIC AUTHORITIES _I6

• ^F2 ...

• Advisory Committee on Pesticides(4) Advisory Committee on Releases to the Environment(5) British Potato Council(6) British Wool Marketing Board(7) Chief Commissioner and Commissioners(8) Committee of Investigation for Great Britain(9) Consumers' Committee for Great Britain(10)

• Controller of Plant Variety Rights(11)

• ^F3 ...

• Criminal Injuries Compensation Appeals Panel(12)

• Criminal Injuries Compensation Authority(13)

• Criminal Injuries Compensation Board(14)

• ^F4 ...

• ^F5 ...

• Home-Grown Cereals Authority(15)

• Horticultural Development Council(16)

• ^F6 ...

• Meat and Livestock Commission(17)

• Meat and Livestock Commission’s Consumers Committee(18)

• Milk Development Council(19)

• The National Criminal Intelligence Service(20)

• National Radiological Protection Board(21)

• Plant Varieties and Seeds Tribunal(22)

• Plant Variety Rights Office(23)

• Police Information Technology Organisation(24)

• [^F7 Police Negotiating Board for the United Kingdom(25)  ^F7]

• Rail Users' Consultative Committee for Scotland(26)

• ^F8 ...

• Sea Fish Industry Authority(27)

• The Service Authority for the National Criminal Intelligence Service(28)

Article 3

^F9SCHEDULE 2 ADVISORY COMMITTEE ON PESTICIDES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 3

SCHEDULE 3 ADVISORY COMMITTEE ON RELEASES TO THE ENVIRONMENT

PART I APPLICATION AND INTERPRETATION _I7,I8

1. This Schedule shall apply to the Advisory Committee on Releases to the Environment.

2. In this Schedule–

“the 1990 Act” means the Environmental Protection Act 1990 ( 29 );

“the Committee” means the Advisory Committee on Releases to the Environment established under section 124 of the 1990 Act.

PART II MODIFICATIONS

Modification of functions in relation to the Committee_I9

3.—(1) Any function which is–

(a)specifically exercisable in relation to the Committee; and

(b)exercisable by the Secretary of State acting alone,

shall instead be exercisable by the Secretary of State and the Scottish Ministers acting jointly.

(2) Any function which is–

(a)specifically exercisable in relation to the Committee; and

(b)exercisable by the Secretary of State acting jointly with other Ministers of the Crown,

shall instead be exercisable by the Secretary of State, the Scottish Ministers and those other Ministers acting jointly.

Article 3

SCHEDULE 4 BRITISH POTATO COUNCIL

PART I APPLICATION AND INTERPRETATION _I10

1.—(1) This Schedule shall apply to the British Potato Council.

(2) In this Schedule–

“the principal Order” means the Potato Industry Development Council Order 1997 ( 30 );

“the 1947 Act” means the Industrial Organisation and Development Act 1947 ( 31 );

“the Council” means the British Potato Council constituted by article 3 of the principal Order.

PART II MODIFICATIONS

General modification of functions in relation to the Council_I11

2.—(1) Any function which is exercisable in relation to the Council by the Secretary of State for Scotland acting alone shall instead be exercisable by the Scottish Ministers.

(2) Any function which is–

(a)specifically exercisable in relation to the Council; and

(b)exercisable by the Secretary of State for Scotland acting jointly with other Ministers of the Crown,

shall instead be exercisable by the Scottish Ministers and those other Ministers acting jointly.

(3) This paragraph does not apply to any function to which paragraph 3 applies.

Modification of function under the 1947 Act_I12

3.—(1) This paragraph applies to any function exercisable by a Minister of the Crown under the 1947 Act to modify the principal Order.

(2) The Secretary of State for Scotland is to cease to be among the Ministers who, acting jointly, may exercise any function to which this paragraph applies.

(3) Any function to which this paragraph applies shall be exercisable only with the consent of the Scottish Ministers, and section 88(2) of the Act shall not apply in relation to any such function.

Article 3

SCHEDULE 5 BRITISH WOOL MARKETING BOARD

PART I APPLICATION AND INTERPRETATION _I13

1.—(1) This Schedule shall apply to the British Wool Marketing Board.

(2) In this Schedule–

“the principal Order” means the British Wool Marketing Scheme (Approval) Order 1950 ( 32 );

“the 1958 Act” means the Agricultural Marketing Act 1958 ( 33 );

“the Board” means the British Wool Marketing Board.

PART II MODIFICATIONS

General modification of functions_I14

2.—(1) Any function which is exercisable in relation to the Board by the Secretary of State for Scotland acting alone shall instead be exercisable by the Scottish Ministers.

(2) Any function which is–

(a)specifically exercisable in relation to the Board; and

(b)exercisable by the Secretary of State for Scotland acting jointly with other Ministers of the Crown,

shall instead be exercisable by the Scottish Ministers and those other Ministers acting jointly.

(3) This paragraph does not apply to any function to which paragraph 3 applies.

Modification of function under the 1958 Act_I15

3.—(1) This paragraph applies to any function exercisable by a Minister of the Crown under the 1958 Act to modify the principal Order.

(2) The Secretary of State for Scotland is to cease to be among the Ministers who, acting jointly, may exercise any function to which this paragraph applies.

(3) Any function to which this paragraph applies shall be exercisable only with the consent of the Scottish Ministers, and section 88(2) of the Act shall not apply in relation to any such function.

Article 3

SCHEDULE 6 CHIEF COMMISSIONER AND OTHER COMMISSIONERS APPOINTED FOR THE PURPOSES OF PART III OF THE POLICE ACT 1997

PART I APPLICATION _I16

1. This Schedule shall apply to the Chief Commissioner and other Commissioners appointed for the purposes of Part III of the Police Act 1997(34).

PART II MODIFICATIONS _I17

2.—(1) Part III of the Police Act 1997 is amended as follows.

^F10(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 105 (appeals by authorising officers: supplementary) , at the end of subsection (1)(b), there is inserted “and the Scottish Ministers”.

(4) In section 106 (appeals by complainants) , in subsection (4)(b), after the words “Prime Minister”, there are inserted the words “and to the Scottish Ministers”.

^F11(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In paragraph 4 of Schedule 7, after “Prime Minister”, there is inserted “and to the Scottish Ministers”.

Article 3

SCHEDULE 7 COMMITTEE OF INVESTIGATION FOR GREAT BRITAIN CONSUMERS' COMMITTEE FOR GREAT BRITAIN

PART I APPLICATION AND INTERPRETATION _I18

1.—(1) This Schedule shall apply to the Committee of Investigation for Great Britain and the Consumers' Committee for Great Britain.

(2) In this Schedule–

“the 1958 Act” means the Agricultural Marketing Act 1958 ( 35 );

“the Committee” means the Consumers' Committee for Great Britain or, as the case may be, the Committee of Investigation for Great Britain.

PART II MODIFICATIONS

General modification of functions in relation to the Committees_I19

2.—(1) Any function which is exercisable in relation to the Committee by the Secretary of State for Scotland acting alone shall instead be exercisable by the Scottish Ministers.

(2) Any function which is–

(a)specifically exercisable in relation to the Committee; and

(b)exercisable by the Secretary of State concerned with agriculture in Scotland acting jointly with other Ministers of the Crown,

shall instead be exercisable by the Scottish Ministers and those other Ministers acting jointly.

(3) This paragraph does not apply to any function to which paragraph 3 applies.

_I20

3.—(1) This paragraph applies to the function of making regulations under section 19(5) of the 1958 Act and to functions of making orders under section 19(6) or (7) of that Act.

(2) The Secretary of State concerned with agriculture in Scotland is to cease to be among the Ministers who, acting jointly, may exercise any function to which this paragraph applies.

(3) Any function to which this paragraph applies shall be exercisable only with the consent of the Scottish Ministers, and section 88(2) of the Act shall not apply in relation to any such function.

Article 3

SCHEDULE 8 CONTROLLER OF PLANT VARIETY RIGHTS PLANT VARIETIES AND SEEDS TRIBUNAL PLANT VARIETY RIGHTS OFFICE

PART I APPLICATION AND INTERPRETATION _I21

1.—(1) This Schedule shall apply to the–

(a) Controller of Plant Variety Rights;

(b) Plant Varieties and Seeds Tribunals;

(c) Plant Variety Rights Office.

(2) In this Schedule–

“the 1997 Act” means the Plant Varieties Act 1997 ( 36 );

“the Office” means the Plant Variety Rights Office continued under section 2 of the 1997 Act;

“the Controller” means the Controller of Plant Variety Rights constituted under section 2 of the 1997 Act; and

“the Tribunal” means the Plant Varieties and Seeds Tribunal continued under section 42 of the 1997 Act.

PART II MODIFICATIONS

Modification of functions in relation to the Office, the Controller and the Tribunal_I22

2.—(1) Any function which is–

(a)specifically exercisable in relation to the Office, the Controller or the Tribunal; and

(b)exercisable by the Secretary of State for Scotland acting jointly with other Ministers of the Crown,

shall instead be exercisable by the Scottish Ministers and those other Ministers acting jointly.

(2) This paragraph shall not apply to any function to which paragraph 3 or 4 applies.

_I23

3.—(1) This paragraph applies to any function of making regulations under sections 17(8), 18, 22(2), 24, 26(2), 28, 29, 44 and 48 of the 1997 Act.

(2) The Secretary of State for Scotland is to cease to be among the Ministers who, acting jointly, may exercise any function to which this paragraph applies.

(3) Any function to which this paragraph applies shall be exercisable only with the consent of the Scottish Ministers, and section 88(2) of the Act shall not apply in relation to any such function.

[^F12 3A.—(1) This paragraph applies to the function of making orders under paragraph 6(2)(c) of Schedule 2 to the 1997 Act.

(2) The function to which this paragraph applies shall be exercisable only with the consent of the Scottish Ministers, and section of 88(2) of the Act shall not apply in relation to that function.^F12]

_I24

4.—(1) This paragraph applies to the function of making rules under paragraph 13 of Schedule 3 to the 1997 Act.

(2) The function to which this paragraph applies shall be exercisable in relation to Scotland by the Scottish Ministers instead of by the Lord Chancellor, and section 88(2) of the Act shall not apply in relation to any such function.

Article 3

^F13SCHEDULE 9 COUNCIL ON TRIBUNALS SCOTTISH COMMITTEE OF THE COUNCIL ON TRIBUNALS

PART I APPLICATION _I25

1. This Schedule shall apply to the Council on Tribunals and the Scottish Committee of the Council on Tribunals.

PART II MODIFICATIONS _I26

2.—(1) The Tribunals and Inquiries Act 1992(37) is amended as follows.

(2) In each of sections 2(1) and (2), 4(1) to (4), (6) and (7) and 5(3)(c), for “Lord Advocate” wherever those words appear there is substituted “Scottish Ministers”.

(3) In section 4–

(a) in subsection (2) after “Minister” there is inserted “or Ministers”; and

(b) in subsection (7)–

(i) for “those Ministers”, there is substituted “(a) the Lord Chancellor”;

(ii) after “Parliament” there is inserted “, and (b) the Scottish Ministers shall lay the report before the Scottish Parliament,”; and

(iii) before “they”, there is inserted “he or”.

Article 3

SCHEDULE 10 CRIMINAL INJURIES COMPENSATION APPEALS PANEL CRIMINAL INJURIES COMPENSATION AUTHORITY CRIMINAL INJURIES COMPENSATION BOARD

PART I APPLICATION, INTERPRETATION AND TRANSITIONAL PROVISION _I27

1.—(1) This Schedule shall apply to the–

(a) Criminal Injuries Compensation Appeals Panel;

(b) Criminal Injuries Compensation Authority; and

(c) Criminal Injuries Compensation Board.

(2) In this Schedule–

“CICAP” means the Criminal Injuries Compensation Appeals Panel;

“CICA” means the Criminal Injuries Compensation Authority;

“CICB” means the Criminal Injuries Compensation Board;

“the 1990 Scheme” means the Criminal Injuries Compensation Scheme 1990;

“the 1996 Scheme” means the Criminal Injuries Compensation Scheme 1996;

“the 1995 Act” means the Criminal Injuries Compensation Act 1995 ( 38 ).

(3) Any adjudicator appointed by the Secretary of State for Scotland prior to the principal appointed day and holding office on that day shall be treated, on or after that day, as having been appointed by the Scottish Ministers.

PART II MODIFICATIONS

Criminal Injuries Compensation Act 1995 (c. 53)

^F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Injuries Compensation Scheme 1990_I28

3.—(1) The Criminal Injuries Compensation Scheme 1990 is amended as follows.

(2) For the last sentence of paragraph 2 substitute–

“Their net expenditure will fall on the vote of the Home Department. Any expenditure incurred as regards Scotland shall be reimbursed to the Secretary of State by the Scottish Ministers.”.

(3) In paragraph 3–

(a) for “Secretary of State for Scotland” there is substituted “Scottish Ministers”; and

(b) after “Parliament” there is inserted “and in the Scottish Parliament”.

Criminal Injuries Compensation Scheme 1996_I29

4.—(1) The Criminal Injuries Compensation Scheme 1996 is amended as follows.

(2) In the second sentence of paragraph 4, after “Secretary of State” there is inserted “and the Scottish Ministers”.

(3) After paragraph 49 there is inserted–

“49A. Any monies received by the Authority under paragraph 49 above that relate to criminal injuries sustained otherwise than in Scotland shall be paid to the Secretary of State and any such monies that relate to criminal injuries sustained in Scotland shall be paid to the Scottish Ministers”.

Article 3

^F15SCHEDULE 11 FOOD FROM BRITAIN

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 3

^F16SCHEDULE 12 FORESTRY COMMISSIONERS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 3

SCHEDULE 13 HOME-GROWN CEREALS AUTHORITY

PART I APPLICATION AND INTERPRETATION _I30

1.—(1) This Schedule shall apply to the Home-Grown Cereals Authority.

(2) In this Schedule–

“the 1965 Act” means the Cereals Marketing Act 1965 (( 39 );

“the 1970 Act” means the Agriculture Act 1970 ( 40 )

“the 1986 Act” means the Agriculture Act 1986 ( 41 )

“the Authority” means the Home-Grown Cereals Authority established under section 1 of the 1965 Act.

PART II MODIFICATIONS

General modification of functions in relation to the Authority_I31

2.—(1) Any function exercisable in relation to the Authority by the Secretary of State for Scotland acting alone shall instead be exercisable by the Scottish Ministers.

(2) Any function which is–

(a)specifically exercisable in relation to the Authority; and

(b)exercisable by the Secretary of State for Scotland acting jointly with other Ministers of the Crown,

shall instead be exercisable by the Scottish Ministers and those other Ministers acting jointly.

(3) The exercise of any function under section 107 of the Agriculture Act 1970 by the Scottish Ministers shall not require the approval of a Minister of the Crown.

(4) This paragraph does not apply to any function to which paragraph 3 applies.

_I32

3.—(1) This paragraph applies to functions under sections 7, 13, 16 and 23 of, and Schedule 3 to, the 1965 Act, and section 6 of the 1986 Act.

(2) The Secretary of State for Scotland is to cease to be among the Ministers who, acting jointly, may exercise any function to which this paragraph applies.

(3) Any function to which this paragraph applies shall be exercisable only with the consent of the Scottish Ministers, and section 88(2) of the Act shall not apply in relation to any such function.

Modification of the 1970 Act_I33

4.—(1) Without prejudice to the generality of the modifications made by paragraph 2, the consequential modification made by sub-paragraph (2) below shall have effect.

(2) In section 108(5) of the 1970 Act, after the word “section” there is inserted “the words “with the approval of the Treasury” and”.

Article 3

SCHEDULE 14 HORTICULTURAL DEVELOPMENT COUNCIL

PART I APPLICATION AND INTERPRETATION _I34

1.—(1) This Schedule shall apply to the Horticultural Development Council.

(2) In this Schedule–

“the principal Order” means the Horticultural Development Council Order 1986 ( 42 );

“the 1947 Act” means the Industrial Organisation and Development Act 1947 ( 43 );

“the Council” means the Horticultural Development Council constituted by article 3 of the principal Order.

PART II MODIFICATIONS

General modification of functions in relation to the Council_I35

2.—(1) Any function exercisable in relation to the Council by the Secretary of State for Scotland acting alone shall instead be exercisable by the Scottish Ministers.

(2) Any function which is–

(a)specifically exercisable in relation to the Council; and

(b)exercisable by the Secretary of State for Scotland acting jointly with other Ministers of the Crown,

shall instead be exercisable by the Scottish Ministers and those other Ministers acting jointly.

(3) This paragraph does not apply to any function to which paragraph 3 applies.

Modification of function under the 1947 Act_I36

3.—(1) This paragraph applies to any function exercisable by a Minister of the Crown under the 1947 Act to modify the principal Order.

(2) The Secretary of State for Scotland is to cease to be among the Ministers who, acting jointly, may exercise any function to which this paragraph applies.

(3) Any function to which this paragraph applies shall be exercisable only with the consent of the Scottish Ministers, and section 88(2) of the Act shall not apply in relation to any such function.

Article 3

^F17SCHEDULE 15 INTERVENTION BOARD FOR AGRICULTURAL PRODUCE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 3

SCHEDULE 16 MEAT AND LIVESTOCK COMMISSION MEAT AND LIVESTOCK COMMISSION'S CONSUMERS COMMITTEE

PART I APPLICATION AND INTERPRETATION _I37

1.—(1) This Schedule shall apply to the Meat and Livestock Commission and the Meat and Livestock Commission’s Consumers Committee.

(2) In this Schedule–

“the 1967 Act” means the Agriculture Act 1967 ( 44 );

^F18 “the Commission” means the Meat and Livestock Commission established by section 1 of the 1967 Act; ...

“the Consumers Committee” means the Meat and Livestock Commission’s Consumers Committee appointed under section 2(1) of the 1967 Act;

[^F19 “levy” means the levy received by the Commission under a levy scheme confirmed under section 13 of the 1967 Act; and ^F19]

[^F19 “the Scottish levy” means that part of the levy which is determined in accordance with paragraph 6(1). ^F19]

PART II MODIFICATIONS

Modification of functions in relation to the Commission and the Consumers Committee_I38

2.—(1) Any function which is exercisable in relation to the Commission or the Consumers Committee by the Secretary of State for Scotland acting alone shall instead be exercisable by the Scottish Ministers.

(2) Any function which is–

(a)specifically exercisable in relation to the Commission or the Consumers Committee; and

(b)exercisable by the Secretary of State for Scotland acting jointly with other Ministers of the Crown,

shall instead be exercisable by the Scottish Ministers and those other Ministers acting jointly.

(3) The exercise by the Scottish Ministers of any function by virtue of sub-paragraph (1) shall not require the approval of a Minister of the Crown.

(4) This paragraph shall not apply to any function to which paragraph 3 applies [^F20and 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^F20] .

_I39

3.—(1) This paragraph applies to any function of making orders under section 6 or 16(1)(b) of the 1967 Act or making schemes under section 9 or 13 of that Act.

(2) The Secretary of State for Scotland is to cease to be among the Ministers who, acting jointly, may exercise any function to which this paragraph applies.

(3) Any function to which this paragraph applies shall be exercisable only with the consent of the Scottish Ministers, and section 88(2) of the Act shall not apply in relation to any such function.

[^F21 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.^F21]

[^F22PART III THE SCOTTISH LEVY

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.

PART IV ANNUAL REPORTS

7.—(1) Notwithstanding section 19(1) of the 1967 Act, 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.^F22]

Article 3

SCHEDULE 17 MILK DEVELOPMENT COUNCIL

PART I APPLICATION AND INTERPRETATION _I40

1.—(1) This Schedule shall apply to the Milk Development Council.

(2) In this Schedule–

“the principal Order” means the Milk Development Council Order 1995 ( 45 );

“the 1947 Act” means the Industrial Organisation and Development Act 1947 ( 46 );

“the Council” means the Milk Development Council.

PART II MODIFICATIONS

General modification of functions in relation to the Council_I41

2.—(1) Any function exercisable in relation to the Council by the Secretary of State for Scotland acting alone shall instead be exercisable by the Scottish Ministers.

(2) Any function which is–

(a)specifically exercisable in relation to the Council; and

(b)exercisable by the Secretary of State for Scotland acting jointly with other Ministers of the Crown,

shall instead be exercisable by the Scottish Ministers and those other Ministers acting jointly.

(3) This paragraph does not apply to any function to which paragraph 3 applies.

Modification of function under the 1947 Act_I42

3.—(1) This paragraph applies to any function exercisable by a Minister of the Crown under the 1947 Act to modify the principal Order.

(2) The Secretary of State for Scotland is to cease to be among the Ministers who, acting jointly, may exercise any function to which this paragraph applies.

(3) Any function to which this paragraph applies shall be exercisable only with the consent of the Scottish Ministers, and section 88(2) shall not apply in relation to any such function.

Modification of the principal Order_I43

4.—(1) Without prejudice to the generality of the modification made by paragraph 2, the consequential modifications to the principal Order made by sub-paragraph (2) shall have effect.

(2) In paragraph 2(1) of the principal Order (interpretation) in the definition of “the Ministers” for the words “Secretary of State for Scotland” there is substituted “Scottish Ministers”.

Article 3

SCHEDULE 18 NATIONAL CRIMINAL INTELLIGENCE SERVICE THE SERVICE AUTHORITY FOR THE NATIONAL CRIMINAL INTELLIGENCE SERVICE

PART I APPLICATION _I44

1. This Schedule shall apply to the National Criminal Intelligence Service and the Service Authority for the National Criminal Intelligence Service.

PART II MODIFICATIONS _I45

2.—(1) Part I of the Police Act 1997 is amended as follows.

(2) In section 1 (the Service Authority for the National Criminal Intelligence Service), in subsection (4)–

(a) the word “and” at the end of paragraph (c) is omitted; and

(b) at the end of paragraph (d) there is inserted–

“and

(e)the Scottish Ministers.”.

(3) In section 2 (general functions of the NCIS Service Authority and NCIS)–

(a) subsection (3)(a) is amended by inserting after the words “government department” the words “and the Scottish Administration”; and

(b) subsection (6) is amended by inserting after the words “Schedule 3” the words “or by the Scottish Ministers under section 30”.

(4) In section 4 (service plans), in subsection (5)–

(a) the word “and” at the end of paragraph (e) is omitted; and

(b) at the end of paragraph (f) there is inserted–

“and

(g)the Scottish Ministers.”.

(5) In section 5 (annual reports), in subsection (3)–

(a) at the end of paragraph (e) the word “and” is omitted; and

(b) at the end of paragraph (f) there is inserted–

“and

(g)the Scottish Ministers.”.

^F23(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F23(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In section 8 (Deputy Director General), after subsection (3), there is inserted–

“(4) Before giving consent under subsection (3), the Secretary of State shall consult the Scottish Ministers.”.

(9) In section 11 (reports by Director General to the Authority), after subsection (5), there is inserted–

“(5A) Before confirming any requirement under subsection (5), the Secretary of State shall consult the Scottish Ministers.”.

(10) After section 18 (initial financing of NCIS Service Authority) there is inserted–

Financing by the Scottish Ministers

18A.—(1) The Scottish Ministers may make payments to the NCIS Service Authority in respect of expenditure incurred (or to be incurred) by it in relation to the exercise by it, or the exercise by NCIS, of their respective functions in or as regards Scotland.

(2) For the purposes of section 36(3) of the Police (Scotland) Act 1967, any expenditure under subsection (1) above shall be treated as expenditure incurred under section 36(1) of the said Act of 1967.”.

(11) For section 25 (general duty of the Secretary of State), there is substituted–

““25. General duty of the Secretary of State and the Scottish Ministers

The Secretary of State and the Scottish Ministers shall exercise the powers respectively conferred on them under this Part in such manner and to such extent as appear to him and them to be best calculated to promote the efficiency and effectiveness of NCIS.”.

(12) In section 26 (setting of objectives), in subsection (2)–

(a) at the end of paragraph (f) the word “and” is omitted; and

(b) at the end of paragraph (g) there is inserted–

“and

(h)the Scottish Ministers.”.

(13) In section 27 (setting of performance targets) , in subsection (1), after the words “Secretary of State”, there are inserted the words “, after consultation with the Scottish Ministers,”.

(14) In section 28 (codes of practice)–

(a) in subsection (1), after the words “Secretary of State may”, there are inserted the words “, after consultation with the Scottish Ministers,”;

(b) in subsection (2), after the words “Secretary of State”, there are inserted the words “, after consultation with the Scottish Ministers,”; and

(c) after subsection (3) there is inserted–

“(4) The Secretary of State shall forthwith provide the Scottish Ministers with a copy of any code of practice, and of any revision of a code of practice, issued by him under this section and the Scottish Ministers shall lay any such copy before the Scottish Parliament.”.

(15) In section 29 (removal of Director General etc.)–

^F24 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (5), after the words “Government Department,” there are inserted the words “of the Scottish Administration,”.

(16) In section 30 (power to give directions after adverse report)–

(a) paragraph (b) of subsection (1) is repealed;

(b) after subsection (1) there is inserted–

“(1A) The Scottish Ministers may at any time require the inspectors of constabulary appointed under section 33 of the Police (Scotland) Act 1967 to carry out an inspection of NCIS under that section.”;

(c) in subsection (2), after the words “Secretary of State” where they occur for the second time, there are inserted the words “after consultation with the Scottish Ministers”; and

(d) after subsection (2), there is inserted–

“(3) Where a report made to the Scottish Ministers carried out in accordance with this section states–

(a)that, in the opinion of the person making the report, NCIS is not efficient or not effective; or

(b)that in his opinion, unless remedial measures are taken, NCIS will cease to be efficient or will cease to be effective,

the Scottish Ministers may, after consultation with the Secretary of State, direct the NCIS Service Authority to take such measures as may be specified in the direction.”.

(17) In section 31 (reports from NCIS Service Authority) , in subsection (1), after the words “Secretary of State may”, there are inserted the words “, after consultation with the Scottish Ministers,”.

(18) In section 32 (reports from Director General)–

(a) in subsection (1), after the words “Secretary of State may”, there are inserted the words “, after consultation with the Scottish Ministers,”; and

(b) in subsection (4), after the words “Secretary of State”, there are inserted the words “and to the Scottish Ministers”.

(19) In section 33 (criminal statistics)–

(a) after subsection (1), there is inserted–

“(1A) Before making any direction or requirement under subsection (1), the Secretary of State shall consult the Scottish Ministers.

(1B) The Director General of NCIS shall send to the Scottish Ministers a copy of any particulars which he transmits under subsection (1).”; and

(b) after subsection (2), there is inserted–

“(3) The Scottish Ministers shall cause a consolidated and classified abstract of the information which has been received by them under this section to be prepared and laid before the Scottish Parliament.”.

^F25(20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(21) In section 35 (regulations as to standard of equipment) , after the words “Secretary of State may”, there are inserted the words “, after consultation with the Scottish Ministers,”.

(22) In section 36 (common services), after subsection (2), there is inserted–

“(3) Before making regulations under this section which would relate to police forces in Scotland, the Secretary of State shall obtain the consent of the Scottish Ministers.”.

(23) In section 39 (complaints)–

(a) after subsection (2), there is inserted–

“(2A) Before making regulations containing provision for the purposes mentioned in paragraph (a) of subsection (2), the Secretary of State shall obtain the consent of the Scottish Ministers.”; and

(b) in subsection (3), after the words “Secretary of State may”, there are inserted the words “, after consultation with the Scottish Ministers,”.

(24) In section 41 (arrangements for consultation), after subsection (5), there is inserted–

“(5A) Before exercising the powers conferred on him by subsection (4) or (5), the Secretary of State shall consult the Scottish Ministers.”.

^F26(25) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(26) In paragraph 2 of Schedule 1, after sub-paragraph (3), there is inserted–

“(4) Before making any appointment under this paragraph in relation to the NCIS Service Authority, the Secretary of State shall consult the Scottish Ministers.”.

^F27(27) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(28) In paragraph 8 of Schedule 1–

(a) in sub-paragraph (a), after the word “paragraph”, there are inserted the words “after consultation with the Scottish Ministers”; and

^F28 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(29) In paragraph 6 of Schedule 2, in sub-paragraph (2)–

(a) at the end of head (a), the word “and” is omitted; and

(b) at the end of head (b), there is inserted–

“and

(c)if he was appointed under paragraph 7(f) or 8(1)(h) of Schedule 1 by the Scottish Ministers, to the Scottish Ministers.”.

(30) In paragraph 11(1)(b) of Schedule 2, after the word “shall”, there are inserted the words “, after consultation with the Scottish Ministers,”.

Article 3

SCHEDULE 19 NATIONAL RADIOLOGICAL PROTECTION BOARD

PART I APPLICATION AND INTERPRETATION _I46

1.—(1) This Schedule shall apply to the National Radiological Protection Board.

(2) In this Schedule–

“the 1970 Act” means the Radiological Protection Act 1970 ( 47 );

“the Board” means the National Radiological Protection Board established by section 1(1) of the 1970 Act.

PART II MODIFICATIONS

Modification of functions in relation to the Board_I47

2.—(1) Any function exercisable in relation to the Board by the Secretary of State for Scotland acting alone shall instead be exercisable by the Scottish Ministers.

(2) Any function which is–

(a)specifically exercisable in relation to the Board; and

(b)exercisable by the Secretary of State for Scotland acting jointly with other Ministers of the Crown,

shall instead be exercisable by the Scottish Ministers and those other Ministers acting jointly.

Article 3

SCHEDULE 20 POLICE INFORMATION TECHNOLOGY ORGANISATION

PART I APPLICATION _I48

1. This Schedule shall apply to the Police Information Technology Organisation.

PART II MODIFICATIONS _I49

2.—(1) Part IV of the Police Act 1997(48) is amended as follows.

(2) In section 109 (Police Information Technology Organisation), after subsection (3), there is inserted–

“(3A) The Secretary of State shall obtain the consent of the Scottish Ministers before making any order by virtue subsection (3)(b) which determines any body whose functions are carried out wholly or mainly in Scotland for the purposes mentioned in that subsection.”.

(3) In section 110 (relationship between the Organisation and the Secretary of State)–

(a) after subsection (2), there is inserted–

“(2A) The Secretary of State shall obtain the consent of the Scottish Ministers before giving any direction under subsection (1) which relates wholly or mainly to the exercise of the Organisation’s activities in or as regards Scotland.”; and

(b) in subsection (3)–

(i) after “Secretary of State”, there are inserted the words “or the Scottish Ministers”; and

(ii) after the word “he”, there are inserted the words “or they”.

(4) In paragraph 1 of Schedule 8–

(a) in sub-paragraph (1)–

(i) there are inserted at the beginning the words “Subject to sub-paragraph (2A)”; and

(ii) after the words “Secretary of State”, there are inserted the words “or, where so provided in sub-paragraph (3) below, the Scottish Ministers”;

(b) after sub-paragraph (2), there is inserted–

“(2A) Before appointing the Chairman the Secretary of State shall consult the Scottish Ministers.”; and

(c) in sub-paragraph (3)–

(i) in head (c) and (d), for the words “Secretary of State” in each place, there are substituted the words “Scottish Ministers”;

(ii) for head (g), there is substituted–

“(g)at least three other members of whom–

(i)at least one shall be appointed by the Secretary of State;

(ii)at least one shall be appointed by the Secretary of State after consultation with the Scottish Ministers; and

(iii)at least one shall be appointed by the Scottish Ministers.”.

(5) In paragraph 2 of Schedule 8–

(a) in sub-paragraph (4), there are inserted at the beginning the words “Subject to sub-paragraphs (4A) and (4B),”;

(b) after sub-paragraph (4), there is inserted–

“(4A) Before removing a person from office as chairman, the Secretary of State shall consult the Scottish Ministers.

(4B) The Scottish Ministers shall, instead of the Secretary of State, exercise the power of removal from office as a member under sub-paragraph (4) in respect of any person who was appointed by them.”;

(c) in sub-paragraph (5), for the words “1(3)(a) to (d)”, there are substituted the words “1(3)(a) and (b)”; and

(d) after sub-paragraph (5), there is inserted–

“(5) The Scottish Ministers shall not remove from office a member nominated by persons representing certain interests in accordance with paragraph 1(3)(c) and (d) unless they have first consulted persons whom they consider to represent those interests.”.

(6) In paragraph 4(2) of Schedule 8, after “Secretary of State”, there is inserted “after consultation with the Scottish Ministers,”.

(7) In paragraph 8(1) of Schedule 8, after “Secretary of State”, there is inserted “, after consultation with the Scottish Ministers,”.

(8) After paragraph 13 of Schedule 8, there is inserted–

“13A.—(1) The Scottish Ministers may make payments to the Organisation in relation to the exercise by it of its functions in or as regards Scotland.

(2) For the purposes of section 36(3) of the Police (Scotland) Act 1967, any expenditure under sub-paragraph (1) above shall be treated as expenditure incurred under section 36(1) of the said Act of 1967.”.

(9) In paragraph 17 of Schedule 8–

(a) in sub-paragraph (1), after “Secretary of State”, there is inserted “and the Scottish Ministers”; and

(b) after sub-paragraph (2), there is inserted–

“(2A) The Scottish Ministers shall lay a copy of each report before the Scottish Parliament.”.

Article 3

[^F29SCHEDULE 21 POLICE NEGOTIATING BOARD FOR THE UNITED KINGDOM

PART I APPLICATION _I50

1. This Schedule shall apply to the Police Negotiating Board for the United Kingdom.

PART II MODIFICATIONS _I51

2. In Part III of the Police Act 1996(49), in section 61 (the Police Negotiating Board for the United Kingdom)–

(a) in subsection (1)–

(i) at the end of paragraph (c), the word “and” is omitted; and

(ii) at the end of paragraph (e), there is inserted–

“and

(e)the Scottish Ministers,”;

(b) in subsection (2), after “Prime Minister”, there is inserted “after consultation with the Scottish Ministers”;

(c) in subsection (3), for the words “paragraphs (a), (b) and (c)”, there is substituted “paragraphs (a), (b), (c) and (e)”; and

(d) after subsection (4) there is inserted–

“(5) The Scottish Ministers may make payments towards the expenses incurred by the Board in relation to the exercise by it of its function in or as regards Scotland.

(6) For the purposes of section 36(3) of the Police (Scotland) Act 1967, any expenditure under subsection (5) above shall be treated as expenditure incurred under section 36(1) of the said Act of 1967.”.^F29]

Article 3

SCHEDULE 22 RAIL USERS' CONSULTATIVE COMMITTEE FOR SCOTLAND

PART I APPLICATION _I52

1. This Schedule shall apply to the Rail Users' Consultative Committee for Scotland.

PART II MODIFICATIONS _I53

2.—(1) The Railways Act 1993 (c. 43) is amended as follows.

(2) In section 2–

(a) in subsection (6) there is inserted, after the word “above”–

• “, except the committee established for Scotland in accordance with subsection (3) above;”; and

(b) after that subsection, there is inserted–

“(6A) The consultative committee for Scotland shall consist of–

(a)a Chairman appointed by the Scottish Ministers after consultation with the Regulator; and

(b)such other members, being not less than ten nor more than twenty in number, as the Regulator may from time to time appoint, after consultation with the Scottish Ministers and the chairman.”.

(3) In section 79, after subsection (1) there is inserted–

“(1A) The consultative committee for Scotland shall, as soon as practicable after the end of each financial year, also send a copy of the report referred to in subsection (1) above to the Scottish Ministers and the Scottish Ministers shall lay a copy of each such report before the Scottish Parliament.

(1B) Subsection (1A) above shall not apply in relation to a financial year which ends before 1st April 1999.”.

Article 3

SCHEDULE 23 SEA FISH INDUSTRY AUTHORITY

PART I APPLICATION AND INTERPRETATION _I54

1.—(1) This Schedule shall apply to the Sea Fish Industry Authority.

(2) In this Schedule–

“the 1981 Act” means the Fisheries Act 1981 ( 50 );

“the Authority” means the Sea Fish Industry Authority.

PART II MODIFICATIONS

Modification of application of section 88 of the Act_I55

2.—(1) Section 88(1) of the Act shall not apply in relation to any function under section 16 of the 1981 Act which is specifically exercisable in relation to the Authority.

(2) Section 88(2)(a) of the Act shall not apply in relation to the appointment or removal of members, or of the chairman or deputy chairman, of the Authority under section 1 of, and paragraph 5 of Schedule 1 to, the 1981 Act.

(3) Section 88(2)(b) of the Act shall not apply in relation to the exercise by a Minister of the Crown of any other function under the 1981 Act which is specifically exercisable in relation to the Authority.

(4) Section 88(3) of the Act shall not apply in relation to the following reports laid before Parliament or each House of Parliament, under the provisions of the 1981 Act specified–

(a)any statement setting out directions under section 2(4);

(b)any statement as to a guarantee, any sums paid in fulfilment of a guarantee, or sums remaining to be repaid, under section 9(2), (3) or (4); and

(c)copies of the report of the Authority for any financial year, the statement of accounts, and the auditor’s report, under section 11(8).

Modification of the 1981 Act_I56

3.—(1) The 1981 Act is amended as follows.

(2) In each of sections 2(4) (duties of the Authority), 9(2) and (3) (Government guarantees) and 11(8) (accounts and reports), after “Parliament” there is inserted “, and the Scottish Ministers shall lay before the Scottish Parliament,”.

(3) In section 2(5), after “Crown” there is inserted “or by the Scottish Ministers”.

(4) In section 9(4), after “Parliament” there is inserted “, and the Scottish Ministers shall lay before the Scottish Parliament,”.

(5) In section 11(9) for “and the Comptroller and Auditor General” there is substituted “, the Comptroller and Auditor General and the Auditor General for Scotland”.

(6) In section 14(1) (interpretation of Part I) , for the definition of “the Ministers” there is substituted–

• ““the Ministers” means–

  (a)

  except as provided for in paragraphs (b) and (c) below, the Minister of Agriculture, Fisheries and Food, the Scottish Ministers and the Secretaries of State respectively concerned with the sea fish industry in Wales and Northern Ireland;

  (b)

  in relation to laying any report, accounts or statement before Parliament or each House of Parliament under sections 2(4), 9(2), (3) and (4), and 11(8), the said Minister and the said Secretaries of State; and

  (c)

  in relation to making an order or, as the case may be, regulations under sections 4(2) or (7), 6(2) or (4) or 7(3), the said Minister and the said Secretaries of State, with the agreement of the Scottish Ministers.”.