Statutory Instruments
2004 No. 2980 (S.9)
CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
The Scotland Act 1998 (Modification of Functions) Order 2004
Made
10th November 2004
Laid before Parliament
17th November 2004
Coming into force
1st January 2005
The Secretary of State, in exercise of the powers conferred upon him by sections 106 and 112(1) of the Scotland Act 1998( 1 ) and of all other powers enabling him in that behalf, and having consulted the Scottish Ministers in accordance with section 106(4) of that Act, hereby makes the following Order:
Citation, commencement and interpretation
1. —(1) This Order may be cited as the Scotland Act 1998 (Modification of Functions) Order 2004 and shall come into force on 1st January 2005.
(2) In this Order–
“the Council Regulation” means Council Regulationunder the common agricultural policy and establishing certain support schemes for farmers and amending Regulations 2 );
“Scottish farmer” means a farmer whose holding is situated wholly or partly in Scotland and “farmer” and “holding” shall have the same meaning as in Article 2 of the Council Regulation; and
“specified function under Community law” means any function related to the implementation of any legislative instrument of the European Community adopted in pursuance of its common agricultural policy, which applies in relation to an agricultural activity by reference to a holding; and “agricultural activity” shall have the same meaning as in Article 2 of the Council Regulation.
Agriculture
2. So far as a specified function under Community law, or a function to which section 53(2)(a) of the Scotland Act 1998 applies, is exercisable by a Minister of the Crown in relation to a Scottish farmer it may be exercised separately.
ANNE McGUIRE
ParliamentaryUnder Secretary of State, Scotland Office,
Department for Constitutional Affairs
Dover House, London
10th November 2004
O.J. No. L 270, 21.10.2003, p.1, as last amended by Council Regulation (EC) 864/2004 (O.J. No. L 206, 9.6.04, p.20).