Statutory Instruments
2002 No. 800 (S. 2)
CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
The Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 2002
Made
26th March 2002
Laid before Parliament
9th April 2002
Laid before the Scottish Parliament
28th March 2002
Coming into force
3rd May 2002
At the Court at Buckingham Palace, the 26th day of March 2002
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred by sections 93(3) and 113 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 and commencement
1. This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 2002 and shall come into force on 3rd May 2002.
Specification of functions
2. The functions exercisable by the Scottish Ministers under the enactments mentioned in the Schedule to this Order are hereby specified for the purposes of section 93(1) of the Scotland Act 1998.
Revocation of the Scotland Act 1998 (Agency Arrangements) (Specification) Order 2001
3.The Scotland Act 1998 (Agency Arrangements) (Specification) Order 2001( 2 ) is hereby revoked.
A. K. Galloway
Clerk of the Privy Council
Article 2
SCHEDULE FUNCTIONS EXERCISABLE BY THE SCOTTISH MINISTERS
Section 111(6) of the Environmental Protection Act 1990( 3 ) (functions of requiring information with a view to granting consent to the import, acquisition, release or marketing of genetically modified organisms).
Section 122(1) and (2) of the Environmental Protection Act 1990 (function of maintaining the public register).
Section 123(3) to (6) and (8) of the Environmental Protection Act 1990(function of excluding from the public register of particulars (required undersection 122 of that Act) on the grounds of commercial confidentiality).
Regulation 14 of the Genetically Modified Organisms (Deliberate Release) Regulations 1992( 4 ) (functions on receiving applications for consent to release genetically modified organisms).
Regulation 16(1) of the Genetically Modified Organisms (Deliberate Release) Regulations 1992 (functions in relation to examination of applications for consent to market genetically modified organisms).
Regulation 4 of the Air Quality Limit Values (Scotland) Regulations 2001( 5 ) (functions relating to the assessment of ambient air quality) but only in so far as it relates to regulation 7 of those Regulations.
Regulation 7 of the Air Quality Limit Values (Scotland) Regulations 2001 (functions in relation to the method of assessment of ambient air quality).
Regulation 11 of the Air Quality Limit Values (Scotland) Regulations 2001 (functions in relation to public information).
The Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002( 6 ).
S.I. 1992/3280 , amended by S.I. 1995/304 , 1997/1900 and 2000/2831 .
S.I. 2002/528 . Those Regulations are deemed to be a pre-commencement enactment for the purposes of the Scotland Act 1998 (see regulation 2(3)). The functions of the Secretary of State under those Regulations, insofar as they do not relate to reserved matters, transferred to the Scottish Ministers by virtue of Section 53 of that Act.