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

PART IIMODIFICATIONS

Modification of functions in relation to the Commission and the Consumers Committee

2.—(1) Any function which is exercisable in relation to the Commission or the Consumers Committee by the Secretary of State for Scotland acting alone shall instead be exercisable by the Scottish Ministers.

(2) Any function which is–

(a)specifically exercisable in relation to the Commission or the Consumers Committee; and

(b)exercisable by the Secretary of State for Scotland acting jointly with other Ministers of the Crown,

shall instead be exercisable by the Scottish Ministers and those other Ministers acting jointly.

(3) The exercise by the Scottish Ministers of any function by virtue of sub-paragraph (1) shall not require the approval of a Minister of the Crown.

(4) This paragraph shall not apply to any function to which paragraph 3 applies.

3.—(1) This paragraph applies to any function of making orders under section 6 or 16(1)(b) of the 1967 Act or making schemes under section 9 or 13 of that Act.

(2) The Secretary of State for Scotland is to cease to be among the Ministers who, acting jointly, may exercise any function to which this paragraph applies.

(3) Any function to which this paragraph applies shall be exercisable only with the consent of the Scottish Ministers, and section 88(2) of the Act shall not apply in relation to any such function.