Statutory Instruments
2000 No. 3252
CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
The Scotland Act 1998 (Modifications of Schedule 5) Order 2000
Made
13th December 2000
Coming into force in accordance with article 1(1)
At the Court at Buckingham Palace, the 13th day of December 2000
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament and of the Scottish Parliament;
Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 30(2) of the Scotland Act 1998( 1 ), 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, commencement and interpretation
1. —(1) This Order may be cited as the Scotland Act 1998 (Modifications of Schedule 5) Order 2000 and shall come into force on the day after it is made.
(2) In this Order, references to numbered Sections are to the Sections bearing those numbers in Part II of Schedule 5 to the Scotland Act 1998.
Postal Services Act 2000
2. —(1) For Section C11 there is substituted–
“ C11 Posts
The subject matter of the Postal Services Act 2000 ( 2 ) .
Exception
Financial assistance for the provision of services (other than postal services and services relating to money or postal orders) to be provided from public post offices.
Interpretation
Paragraph 5(1) of Part III of this Schedule does not apply to this Section.
The reference to the subject matter of the Postal Services Act 2000 is to be read as a reference to the subject matter of that Act as at the date when it received Royal Assent.
“postal services” and “public post offices” have the same meaning as in the Postal Services Act 2000. ” .
(2) In Part III of Schedule 5 to the Scotland Act 1998(reserved matters, general provisions), in paragraph 4(2)(c) (financial assistance to industry), after “reservations in Sections” there is inserted “C11,”.
Transport
3. —(1) In Section E2, after the exception relating to grants there is inserted–
“ Imposing requirements about the preparation and submission of strategies relating to the provision of rail services on Scottish public authorities with mixed functions relating to such services. ” .
(2) In Section E2, after the exception relating to rail services inserted by article 3(1) above there is inserted–
“ The transfer of functions of passenger transport executives or passenger transport authorities relating to the provision and regulation of rail services conferred by Part II of the Transport Act 1968 ( 3 ) and sections 32 to 36 of the Railways Act 1993 ( 4 ) to, and the allocation of such functions among, Scottish public authorities (other than cross-border public authorities and public authorities exercising functions solely in relation to reserved matters) which may be set up wholly or mainly to exercise functions relating to transport. ” .
(3) In Section E4, after the exception relating to sections 59 to 60 of the Airports Act 1986( 5 ) there is inserted–
“ Imposing requirements about the preparation and submission of strategies relating to the provision of air services on Scottish public authorities with mixed functions relating to such services. ” .
Pesticides
4. In the exceptions to each of Sections C5 and C8, after “pesticides” there is inserted “(including anything treated as if it were a pesticide by virtue ofsection 16(16) of the Food and Environment Protection Act 1985( 6 ))”.
Product standards
5. In Section C8, after the reservation relating to technical standards and requirements in relation to products there is inserted–
“ The national accreditation body and the accreditation of bodies which certify or assess conformity to technical standards in relation to products or environmental management systems. ” .
A.K. Galloway
Clerk of the Privy Council