Statutory Instruments
2004 No. 3324 (S.13)
CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 2004
Made
16th December 2004
Coming into force in accordance with article 1(1)
At the Court at Buckingham Palace, the 16th day of December 2004
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been–
(a) laid before and approved by a resolution of each House of Parliament; and
(b) laid before and approved by a resolution of the Scottish Parliament;
Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 30(3) 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 (Functions Exercisable in or as Regards Scotland) Order 2004 and shall come into force immediately before 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 in relation to a Scottish farmer it shall be treated for all purposes of that Act as exercisable in or as regards Scotland.
A.K.Galloway
Clerk of the Privy Council
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).