Statutory Instruments
2015 No. 211 (S. 2)
Constitutional Law
Devolution, Scotland
Agriculture
The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 2015
Made
11th February 2015
Coming into force
28th February 2015
At the Court at Buckingham Palace, the 11th day of February 2015
Present,
The Queen’s Most Excellent Majesty in Council
This Order is made by Her Majesty in Council in exercise of the power conferred on Her by section 30(3) of the Scotland Act 1998( 1 ).
In accordance with paragraphs 1 and 2 of Schedule 7 to that Act( 2 ) 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.
Accordingly, Her Majesty, by and with the advice of Her Privy Council, makes the following Order:
Citation, commencement and interpretation
1. —(1) This Order may be cited as the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 2015 and comes into force on 28th February 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 3 );
“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( 4 ); 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 in relation to a Scottish farmer it shall be treated for all purposes of that Act as exercisable in or as regards Scotland.
Richard Tilbrook
Clerk of the Privy Council
Paragraphs 1 and 2 of Schedule 7 have been modified by paragraph 3(2) of schedule 4 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) .
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.