The Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999

Citation and commencement

1.  This Order may be cited as the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 and shall come into force on the principal appointed day(1)

Interpretation

2.  In this Order, “the Act” means the Scotland Act 1998.

Adaptation of functions etc.

3.  The modifications mentioned in Part II of each of Schedules 2 to 23 to this Order, which modifications relate to the cross-border public authority or authorities mentioned in Part I of each of those Schedules, shall have effect.

Modification of enactments

4.  Sections 118 to 121 of the Act shall apply in relation to any function exercisable by the Scottish Ministers alone by virtue of this Order as they apply in relation to functions of the Scottish Ministers exercisable within devolved competence.

Transitional and saving provisions

5.—(1) The transfer, by virtue of this Order of any function exercisable by a Minister of the Crown to the Scottish Ministers shall not affect the validity of anything done (or having effect as if done) by or in relation to a Minister of the Crown before the transfer takes effect.

(2) Anything (including legal proceedings) which, at the time when that transfer takes effect, is in the process of being done by or in relation to a Minister of the Crown may, so far as it relates to any function transferred, be continued by or in relation to the Scottish Ministers.

(3) Anything done (or having effect as if done) by or in relation to a Minister of the Crown for the purposes of or in connection with any function transferred to the Scottish Ministers by virtue of this Order shall, if in force at the time when the transfer takes effect, have effect as if done by or in relation to the Scottish Ministers in so far as that is required for continuing its effect after that time.