Citation

1. This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) Order 2018.

Commencement

2. This Order comes into force immediately after the end of the period determined in accordance with regulation 4 of the Scotland Act 2016 (Transitional) Regulations 2017( 2 ) (duration of modification of the Scotland Act 1998 in respect of functions relating to benefits for disability and industrial injury and carer’s benefits).

Specification of functions

3. Any function of the Scottish Ministers to which article 4 or 5 applies is specified for the purposes of section 93(1) of the Scotland Act 1998.

Functions relating to disability, industrial injuries and carer’s benefits

4. —(1) This article applies to any function that is—

(a) conferred by a pre-commencement enactment; and

(b) exercisable by the Scottish Ministers by virtue of section 22 (disability, industrial injuries and carer’s benefits) of the Scotland Act 2016( 3 ).

(2) In paragraph (1)(a), “pre-commencement enactment” has the meaning given in section 32 (functions exercisable within devolved competence) of the Scotland Act 2016 .

Ancillary functions

5. —(1) This article applies to any function that is—

(a) conferred by an enactment; and

(b) exercisable by the Scottish Ministers in connection with a function to which article 4 applies;

but only to the extent that it is so exercisable.

(2) For the avoidance of doubt, in paragraph (1)(a), “enactment” has the meaning given in section 126(1) (interpretation) of the Scotland Act 1998 ( 4 ).