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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 Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No. 2019/93 , (EC) No. 1452/2001 , (EC) No. 1453/2001 , (EC) No. 1454/2001 , (EC) 1868/94 , (EC) No. 1251/1999 , (EC) No. 1254/1999 , (EC) No. 1673/2000 , (EEC) No. 2358/71 and (EC) No. 2529/2001 ( 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

Parliamentary Under Secretary of State, Scotland Office,

Department for Constitutional Affairs

Dover House, London

10th November 2004

( 1 )

1998 c. 46 .

( 2 )

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).

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Scotland Act 1998 (Modification of Functions) Order 2004 (2004/2980)
Version from: original only

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Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
Defined Term Section/Article ID Scope of Application
agricultural activity art. 1. def_dbb2e2c3e8
farmer art. 1. def_28042bff12
holding art. 1. def_021dd1fc88
Scottish farmer art. 1. def_0736b534d9
specified function under Community law art. 1. def_ce953209ec
the Council Regulation art. 1. def_e174cdce6f

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