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The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2010

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Scottish Statutory Instruments

2010 No. 222

Agriculture

Animals

Building And Buildings

Charities

Countryside

Ethical Standards

Industrial Development

Industrial Organisation And Development

Nature Conservation

Public Finance And Accountability

Public Procurement

Race Relations

Registers And Records

Scientific Research

The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2010

Made

4th June 2010

Laid before the Scottish Parliament

8th June 2010

Coming into force

1st August 2010

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 132 and 133(1) of the Public Services Reform (Scotland) Act 2010(1) and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2010 and comes into force on 1st August 2010.

The Disposal of Court Records (Scotland) Regulations 1990

2.  In the Disposal of Court Records (Scotland) Regulations 1990(2), in regulation 5 (procedure for disposal), omit paragraph (e).

The Disposal of Records (Scotland) Regulations 1992

3.  In the Disposal of Records (Scotland) Regulations 1992(3), in regulation 4 (procedure for disposal), omit the words “the Scottish Records Advisory Council and”.

The Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2001

4.  In the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2001(4), in—

(a)article 2B(2)(5) (bodies and other persons required to prepare and publish a race equality scheme), omit sub-paragraphs (1) and (o); and

(b)Schedule 3 (excepted bodies or persons), omit the entries relating to—

(i)the Advisory Committee on Sites of Special Scientific Interest;

(ii)the Building Standards Advisory Committee;

(iii)the Historic Environment Advisory Council for Scotland;

(iv)the Scottish Industrial Development Advisory Board; and

(v)the Scottish Records Advisory Council.

The Rural Stewardship Scheme (Scotland) Regulations 2001

5.  In the Rural Stewardship Scheme (Scotland) Regulations 2001(6), in paragraphs a.(vii) and b.(vii) of column 3 of item 32 (management of ancient wood pasture) of Schedule 2 (management activities), omit “the Deer Commission for Scotland” and insert “Scottish Natural Heritage”.

The Building Standards Advisory Committee (Scotland) Regulations 2004

6.  The Building Standards Advisory Committee (Scotland) Regulations 2004(7) are revoked.

The Nature Conservation (Designation of Relevant Regulatory Authorities) (Scotland) Order 2004

7.  In the Nature Conservation (Designation of Relevant Regulatory Authorities) (Scotland) Order 2004(8), in the Schedule (relevant regulatory authorities), omit “The Deer Commission for Scotland continued in being by section 1(1) of the Deer (Scotland) Act 1996”.

The Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2004

8.  In the Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2004(9), in paragraph 11(2)(b) (overgrazing) of the Schedule (good agricultural and environmental condition), omit “the Deer Commission for Scotland” and insert “Scottish Natural Heritage”.

The Public Finance and Accountability (Scotland) Act 2000 (Economy, efficiency and effectiveness examinations) (Specified bodies etc.) Order 2004

9.  In the Public Finance and Accountability (Scotland) Act 2000 (Economy, efficiency and effectiveness examinations) (Specified bodies etc.) Order 2004(10), in the Schedule (bodies or office-holders, and classes of bodies or office-holders, specified under section 23(2)(b) of the Public Finance and Accountability (Scotland) Act 2000), omit the entry relating to Scottish Screen.

The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Codes of Conduct for Members of certain Scottish Public Authorities) Order 2006

10.  In the Ethical Standards in Public Life etc. (Scotland) Act 2000 (Codes of Conduct for Members of certain Scottish Public Authorities) Order 2006(11), in the Schedule (Scottish public authorities for the purposes of Part 4 of the Ethical Standards in Public Life etc. (Scotland) Act 2000), omit the entries relating to the Advisory Committee on Sites of Special Scientific Interest, the Scottish Industrial Development Advisory Board and the Scottish Records Advisory Council.

The Public Contracts (Scotland) Regulations 2006

11.  In the Public Contracts (Scotland) Regulations 2006(12), in Schedule 1 (GPA Annex 1 contracting authorities), omit the entry relating to the Deer Commission for Scotland.

The Protection of Charities Assets (Exemption) (Scotland) Order 2006

12.  In the Protection of Charities Assets (Exemption) (Scotland) Order 2006(13), in Part 1 of the Schedule (specified bodies – non-departmental public bodies), omit the entry relating to the Scottish Arts Council.

The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008

13.  In the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008(14), in paragraph (4)(a)(gg) and (b)(vii) of column 2 of option 52 (management of ancient wood pasture) and paragraph (3)(a)(iii) of column 2 of option 78 (controlled livestock grazing of woodland) of Part 1 of Schedule 2 (Rural Priorities Options), omit “the Deer Commission for Scotland” and insert “Scottish Natural Heritage”.

FIONA HYSLOP

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

4th June 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision in consequence of the Public Services Reform (Scotland) Act 2010 which, amongst other things, dissolves a number of public bodies.

Articles 2 and 3 remove references to the Scottish Records Advisory Council in the Disposal of Court Records (Scotland) Regulations 1990 and the Disposal of Records (Scotland) Regulations 1992.

Article 4 removes references to the Scottish Arts Council and Scottish Screen from article 2B(2) of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2001. It also removes from Schedule 3 to that Order entries relating to the Advisory Committee on Sites of Special Scientific Interest, the Building Standards Advisory Committee, the Historic Environment Advisory Council for Scotland, the Scottish Industrial Development Advisory Board and the Scottish Records Advisory Council.

Articles 5, 8 and 13 remove references to the Deer Commission for Scotland and insert references to Scottish Natural Heritage in the Rural Stewardship Scheme (Scotland) Regulations 2001, the Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2004 and the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008.

Article 6 revokes the Building Standards Advisory Committee (Scotland) Regulations 2004.

Articles 7 and 11 remove references to the Deer Commission for Scotland from the Nature Conservation (Designation of Relevant Regulatory Authorities) (Scotland) Regulations 2004 and the Public Contracts (Scotland) Regulations 2006.

Article 9 amends the Schedule to the Public Finance and Accountability (Scotland) Act 2000 (Economy, efficiency and effectiveness examinations) (Specified bodies etc.) Order 2004 to remove reference to Scottish Screen.

Article 10 removes reference to the Advisory Committee on Sites of Special Scientific Interest, the Scottish Industrial Development Advisory Board and the Scottish Records Advisory Council from the Schedule to the Ethical Standards in Public Life etc. (Scotland) Act 2002 (Codes of Conduct for Members of certain Scottish Public Authorities) Order 2006.

Article 12 removes reference to the Scottish Arts Council from the Schedule to the Protection of Charities Assets (Exemption) (Scotland) Order 2006.

(3)

S.I. 1992/3247, as amended by S.S.I. 2003/522.

(4)

S.S.I. 2002/62, as amended by S.S.I. 2003/331, 2003/556, 2004/521, 2006/129 and 2006/467. Despite the citation of the Order which is correctly shown in Article 4(b), S.S.I. 2002/62 was in fact made on the 14th February 2002 and came into force on 13th March 2002.

(5)

S.S.I. 2002/62. Article 2B was inserted by S.S.I. 2006/467.

(6)

S.S.I. 2001/300. Item 32 was inserted by S.S.I. 2003/177. There are other amendments to S.S.I. 2001/300 not relevant to this Order.

(9)

S.S.I. 2004/518. There are amendments to S.S.I. 2004/518 not relevant to this Order.

(12)

S.S.I. 2006/1. There are amendments to S.S.I. 2006/1 not relevant to this Order.

(13)

S.S.I. 2006/220. There are amendments to S.S.I. 2006/220 not relevant to this Order.

(14)

S.S.I. 2008/100. Option 78 was inserted by S.S.I. 2009/411. There are other amendments to S.S.I. 2008/100 not relevant to this Order.

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