Statutory Instruments
2014 No. 2753 (S. 3)
Constitutional Law
Devolution, Scotland
Agriculture
The Scotland Act 1998 (Modification of Functions) Order 2014
Made
13th October 2014
Laid before Parliament
15th October 2014
Coming into force
1st March 2015
The Secretary of State makes the following Order in exercise of the powers conferred by sections 106 and 112(1) of the Scotland Act 1998( 1 ).
In accordance with section 106(4) of that Act the Secretary of State has consulted the Scottish Ministers.
Citation, commencement and interpretation
1. —(1) This Order may be cited as the Scotland Act 1998 (Modification of Functions) Order 2014 and comes into force on 1st March 2015.
(2) In this Order—
“the EU Regulation” means Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78 , (EC) No 165/94 , (EC) No 2799/98 , (EC) No 814/2000 , (EC) No 1290/2005 and (EC) No 485/2008 ( 2 );
“Scottish farmer” means a farmer (within the meaning of Article 2 of the EU Regulation) whose holding is situated wholly or partly in Scotland, and “holding” has the same meaning as in Articles 2 and 91 of the EU Regulation( 3 ); and
“specified function under EU law” means any function which—
relates to the implementation of any legislative instrument of the European Union adopted in pursuance of the common agricultural policy of the European Union established in accordance with Title III of Part Three of the Treaty on the Functioning of the European Union; and
applies in relation to an agricultural area or an agricultural activity by reference to a holding,
and “agricultural area” and “agricultural activity” have the same meaning as in Article 2 of the EU Regulation.
Agriculture
2. So far as a specified function under EU 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.
David Mundell
Parliamentary Under Secretary of State
Scotland Office
Dover House,
London
13th October 2014
OJ L 347, 20.12.2013, p.549.
The definition of “holding” in article 2 of the EU Regulation includes (a) units used for agricultural activities and managed by a farmer and (b) in the case of article 93 of that Regulation (cross-compliance requirements), production units and areas managed by a farmer whether or not specifically used for agricultural activities.