I1SCHEDULE 1ENACTMENTS CONFERRING FUNCTIONS TRANSFERRED TO THE SCOTTISH MINISTERS

Article 2

Annotations:
Commencement Information
I1

Sch. 1 in force at 1.7.1999, see art. 1(1)

PUBLIC GENERAL ACTS

Column 1

Column 2

Enactment

Restrictions and requirements

The Small Landholders (Scotland) Act 1911 (c. 49), section 4.

Only so far as the functions are exercisable in relation to matters which are reserved by virtue of Section F3 (occupational and personal pensions) of Schedule 5 to the 1998 Act.

The Pensions Appeal Tribunals Act 1943 (c. 39), paragraph 2 of the Schedule.

Functions of paying and determining remuneration only.

The Fire Services Act 1947 (c. 41), sections 26 and 27A4

The Wireless Telegraphy Act 1949 (c. 54), section 5(b)5

Only so far as the function is exercisable for the purpose of preventing or detecting serious crime.

The Pharmacy Act 1954 (c. 61), Schedule 1C, paragraph 3(4)(b)6

Functions of the Secretary of State only.

The Pipe-lines Act 1962 (c. 58), sections 1, 4, 5, 9, 9A, 10, 11, 12, 13 (except subsection (7)), 15, 26A, 35, 36, 38, 39(2), 43 and 44 and Schedules 1 and 2 (except paragraph 8)7

The Betting, Gaming and Lotteries Act 1963 (c. 2), section 29(2)(b) and (4) and Schedule 1, paragraph 20(1A)8

The Nuclear Installations Act 1965 (c. 57)9

a

section 2;

Functions of “the Minister” only.

b

sections 6 and 17(1) and (4);

c

section 19(1), (3) and (4);

The requirement in section 19(1) for the consent of the Treasury will continue to apply.

d

section 20; and

e

section 23.

Functions of “the Minister” only.

The Local Government (Scotland) Act 1966 (c. 51), section 42(2).

Only so far as the function is exercisable in relation to the enactments mentioned in paragraph 2610 of Part II of Schedule 4.

The Superannuation (Miscellaneous Provisions) Act 1967 (c. 28), section 7.

The functions to direct under section 7(1) and (2) shall be exercised with the consent of the Treasury.

The Police (Scotland) Act 1967 (c. 77)–

a

section 26; and

Only so far as the function is exercisable in relation to the matter specified in section 26(2)(k).

b

section 27.

Only so far as the function is exercisable in relation to matters which are reserved by virtue of Section F3 (occupational and personal pensions) of Schedule 5 to the 1998 Act.

The Abortion Act 1967 (c. 87), sections 1(3) and 2.

The Firearms Act 1968 (c. 27), sections 5 and 12(2).

The Gaming Act 1968 (c. 65)–

  1. a

    sections 22(3) and (4); and

b

section 48(5)11.

Only so far as the function is exercisable in relation to sub-sections (3)(a) to (c), (h) and (i) and (4) of section 48.

The Medicines Act 1968 (c. 67), section 109.

The Taxes Management Act 1970 (c. 9)–

  1. a

    sections 2(3)12, 2(6)13 and 3(4); and

b

sections 4(1) and (4), 4A(1), 46A(1) and 56B(1)14.

Functions of the Secretary of State only.

The Misuse of Drugs Act 1971 (c. 38), Schedule 3, paragraphs 1(1)(b), 4, 13(1)(b) and 17.

The Immigration Act 1971 (c. 77)–

  1. a

    Schedule 2, paragraph 1(2); and

b

Schedule 2, paragraph 1(3).

Only the function of giving instructions to medical inspectors.

The Superannuation Act 1972 (c. 11), sections 7, 8, 9, 10, 11(2), 12, 15(5), 16 and 24.

The requirements in sections 9(1) and 10(1) for consent of the Treasury will continue to apply.

The Industry Act 1975 (c. 68), Schedule 3, paragraph 2415.

The Lotteries and Amusements Act 1976 (c. 32), sections 7(4), 18(1)(d) and (f).

The Police Pensions Act 1976 (c. 35), sections 1, 2, 3, 4, 5, 6, 7, 8 and 8A16.

The Race Relations Act 1976 (c. 74), sections 19(5) and 57(5).

The Aircraft and Shipbuilding Industries Act 1977 (c. 3), Schedule 7, paragraph 1017.

The Insurance Brokers (Registration) Act 1977 (c. 46), section 2018.

Functions of the Secretary of State only.

The National Heritage Act 1980 (c. 17), section 9(1) to (6), as read with section 9(8) and (9)(a), (b) and (c)19, and sections 1620 and 16A21.

The Education (Scotland) Act 1980 (c. 44), section 70 as applied by the Race Relations Act 1976 (c. 74), section 19(3)22.

The Civil Aviation Act 1982 (c. 16) sections 38(2), 42(1), 50(2), 78, 79(1), 80 and 88(10) and (11).

The Civic Government (Scotland) Act 1982 (c. 45), section 2023.

The Medical Act 1983 (c. 54), Schedule 4, paragraph 724.

The Road Traffic Regulation Act 1984 (c. 27)

a

sections 14(1), (2), (3) and (5), 15(2), (3), (5), (6) and (7), and 16(2) and (2A)25;

Only so far as the functions are exercisable in relation to the imposition of speed limits.

b

section 17(2) and (5);

Only the function of making regulations with respect to any particular special road.

c

section 28(4)(a);

Only the function of giving authorisation for the use of signs of a description not prescribed by regulations under section 28(4)(a).

d

section 64(1)(b) and (2);

e

section 65(1);

Only the function of giving directions other than general directions.

f

section 65(2) and (3A)(b)(ii)26;

g

sections 69(1), (2) and (3), 70(1), 71(1), 79(1), 82(1)(b), (2) and (3), 83(1) and 84(1), (1A) and (1B)27;

h

section 85(1) and (3);

i

section 85(2); and

Only the function of giving directions other than general directions.

j

Schedule 9, Part I, paragraphs 1, 3(1), 4, 7, 8 and 9, Part II, paragraphs 13, 15, 16(1) and (2) and 17 and Part III, paragraphs 21, 24 and 26(1) and (2).

The Data Protection Act 1984 (c. 35), section 3(3)(a) and (b)28.

Functions of the Secretary of State only.

The Inheritance Tax Act 1984 (c. 51), section 23029.

The Cinemas Act 1985 (c. 13), section 6(6) and (7).

The Interception of Communications Act 1985 (c. 56)30–

a

section 2; and

Only so far as the function is exercisable for the purpose of preventing or detecting serious crime.

b

sections 4(3) and (4), 5(1)(a) and (2) and 6(1).

Only so far as the functions are exercisable in relation to a warrant issued under section 2 by the Scottish Ministers by virtue of this Order.

The Transport Act 1985 (c. 67)–

  1. a

    section 19(7); and

b

Schedule 4, paragraph 1531.

Functions of the Secretary of State only.

The Airports Act 1986 (c. 32) sections 37(5), 65(2) and (6) and 68(1).

The Building Societies Act 1986 (c. 53), section 47(2)(a)32.

Functions of the Secretary of State only.

The Financial Services Act 1986 (c. 60), section 96(2)(a)33.

Functions of the Secretary of State only.

The Banking Act 1987 (c. 22)–

a

section 28(2)(a)34; and

Functions of the Secretary of State only.

b

section 30(4).

The Income and Corporation Taxes Act 1988 (c. 1), sections 79(4) and 79(8).

The Multilateral Investment Guarantee Agency Act 1988 (c. 8), section 635.

The Firearms (Amendment) Act 1988 (c. 45), sections 1536 and 19 and the Schedule (other than paragraph 3(1)(a)).

The Copyright, Designs and Patents Act 1988 (c. 48), sections 145(2) and 150(1)37.

Functions of being consulted by the Lord Chancellor only.

The Road Traffic Act 1988 (c. 52), sections 13(2), 13A(1)38, 27(6) and 31(2).

The Official Secrets Act 1989 (c. 6), sections 7(5), 8(9) and 12.

The Electricity Act 1989 (c. 29)–

  1. a

    section 2(2)(b) and (3)(a);

b

section 3;

Only so far as the functions are exercisable in relation to functions exercisable by the Scottish Ministers.

c

sections 32(1) and (9), 33, 34, 35, 36, 37, 39(1)(a) and 58;

d

section 60;

Only so far as the functions are exercisable in relation to regulations made by the Scottish Ministers.

e

section 61;

f

Schedule 3, Part I;

g

Schedule 3, Part III, paragraphs 15, 16, 17 and 20, including paragraph 11 of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) as applied by those provisions;

h

Schedule 4, paragraphs 6, 8, 9 and 10(4)(b);

i

Schedule 5;

j

Schedule 8; and

k

Schedule 9, paragraphs 3 and 5.

The Extradition Act 1989 (c. 33)–

  1. a

    sections 6(1) to (4) and (6) and (7);

b

section 7(1)39; and

Only the function of issuing an authority to proceed.

c

sections 7(4), 8(4), 9(5)40, 11(1), 12, 13(1) and (4), 16(5) and 20(2).

The Human Fertilisation and Embryology Act 1990 (c. 37), section 30(9).

The Broadcasting Act 1990 (c. 42), section 183.

The Child Support Act 1991 (c. 48)–

a

sections 22(3), 24(9), 25(6) and 45(1) and (6) and Schedule 4, paragraph 741; and

Functions of the Secretary of State only.

b

Schedule 4, paragraph 2A42.

Functions of paying allowances only.

The Social Security Administration Act 1992 (c. 5), sections 51(1), 52(3) and 189(10) and Schedule 2, paragraph 1(5)43.

Functions of the Secretary of State only.

The Friendly Societies Act 1992 (c. 40)–

a

section 59(2)(a)44; and

Functions of the Secretary of State only.

b

section 60(4).

The Finance (No.2) Act 1992 (c. 48), section 75(1)45.

Functions of the Secretary of State only.

The Tribunals and Inquiries Act 1992 (c. 53), sections 9, 10(7) and (8), 13 and 16(2)46.

The National Lottery etc. Act 1993 (c. 39)–

a

section 26(1) and (2) as read with section 26A(2)(b), section 26(3), (3A) and (4) as read with section 26A(1)(a)47, section 29(1), (3), (4) and (5) as read with section 29(6)(c) and (d)48, sections 35(3)49 and 43B(1) and section 43C(1) as read with section 43CC(2)(b)50;

The functions shall be exercisable only with the agreement of the Secretary of State.

b

section 25C(1)51 and section 26(1) as read with section 26A(1)(a);

The functions shall be exercisable only after consultation with the Secretary of State.

c

sections 26(5), 27(1) and (8) and 43C(2), (4) and (5); and

d

Schedule 3A, paragraph 2(1) and (2)52 as read with paragraph 2(6)(a).

The functions shall be exercisable only after consultation with the Secretary of State.

The Intelligence Services Act 1994 (c. 13)–

a

section 5; and

Only so far as the function is exercisable–

  1. a

    in relation to an application by the Security Service which is for the purposes of the exercise of their function under section 1(4) of the Security Service Act 198953; and

  2. b

    in relation to an application by the Secret Intelligence Service or GCHQ so far as–

    1. i

      the application is for the purposes of the exercise of their functions by virtue of section 1(2)(c) or 3(2)(c); and

    2. ii

      the purpose of the warrant is to authorise interference with wireless telegraphy.

b

section 6(3) and (4).

Only so far as the functions are exercisable in relation to a warrant issued by the Scottish Ministers under section 5 by virtue of this Order.

The Value Added Tax Act 1994 (c. 23)–

a

Schedule 12, paragraphs 2, 3(2), (4) and (5) and 954; and

Functions of the Secretary of State only.

b

Schedule 12, paragraph 7(8).

Function of paying salary and fees only.

The Trade Marks Act 1994 (c. 26), section 77(4)55.

Functions of the Secretary of State only.

The Criminal Justice and Public Order Act 1994 (c. 33), section 12856.

The Disability Discrimination Act 1995 (c. 50), section 33.

The Reserve Forces Act 1996 (c. 14), Schedule 5, paragraphs 10 and 1257.

The Police Act 1996 (c. 16), section 60.

Only so far as the function is exercisable in relation to matters which are reserved by virtue of Section F3 (occupational and personal pensions) of Schedule 5 to the 1998 Act.

The Employment Tribunals Act 1996 (c. 17), section 358.

The functions shall be exercisable only with the agreement of the Secretary of State.

The Employment Rights Act 1996 (c. 18), section 63A(1)(c) and (2)59.

The functions shall be exercisable only after consultation with the Secretary of State.

The Firearms (Amendment) Act 1997 (c. 5), section 7(3).

The Lieutenancies Act 1997 (c. 23), section 2(4).

The Nurses, Midwives and Health Visitors Act 1997 (c. 24)–

a

section 19(5)60; and

Function of approving rules under section 10 only.

b

Schedule 2, paragraph 4.

The Social Security Act 1998 (c. 14), sections 5(1) and 79(2), Schedule 1, paragraph 1(4) and Schedule 4, paragraph 861.

Functions of the Secretary of State only.

The Data Protection Act 1998 (c. 29), section 6(4)(a) and (b)62.

Functions of the Secretary of State only.

The Competition Act 1998 (c. 41), Schedule 7, paragraphs 2(4) and 4(4)63.

Only the functions of the Secretary of State of being consulted.

The Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), section 13(1)64.

Functions of the Secretary of State only.

SUBORDINATE LEGISLATION

Column 1

Column 2

Enactment

Restrictions and requirements

The National Health Service (Transfer of Officers and Compensation) (Scotland) Regulations 1948 (S.I.1948/1465)65.

The National Health Service (Superannuation) (England and Scotland) Regulations 1948 (S.I.1948/1483).

The Police Pensions Regulations 1971 (S.I.1971/232)66.

The Special Constables (Pensions) (Scotland) Regulations 1971 (S.I.1971/234)67.

The Police Cadets (Pensions) (Scotland) Regulations 1971 (S.I.1971/246)68.

The Special Constables (Pensions) (Scotland) (Lump Sum Payments to Widows etc.) Regulations 1972 (S.I.1972/1847).

The Special Constables (Pensions) (Scotland) Regulations 1973 (S.I.1973/433)69.

The Police Cadets (Pensions) (Scotland) Regulations 1973 (S.I.1973/434)70.

The Special Constables (Pensions) (Scotland) (Lump Sum Payments to Widows) Regulations 1973 (S.I.1973/1835).

The National Health Service Reorganisation (Retirement of Senior Officers) (Scotland) Regulations 1974 (S.I.1974/182)71.

The National Health Service (Compensation) (Scotland) Regulations 1974 (S.I.1974/1869)72.

The Special Constables (Pensions) (Scotland) (Lump Sum Payments to Widows) Regulations 1974 (S.I.1974/1902).

The Local Government (Compensation) (Scotland) Regulations 1975 (S.I.1975/734)73.

The Fire Services (Compensation) (Scotland) Regulations 1975 (S.I.1975/1800)74.

The Scottish Development Agency (Compensation) Regulations 1976 (S.I.1976/2182)75.

The Grant-Aided Colleges (Compensation) (Scotland) Regulations 1977 (S.I.1977/1777)76.

The National Health Service (Superannuation) (War Service, etc.) (Scotland) Regulations 1977 (S.I.1977/2138)77.

The New Town (Stonehouse) (Revocation of Designation) (Compensation) Regulations 1979 (S.I.1979/98).

The Police Pensions (War Service) Regulations 1979 (S.I.1979/1259)78.

The National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 1981 (S.I.1981/1785)79.

The Merchant Shipping (Section 52 Inquiries) Rules 1982 (S.I.1982/1752), rule 5(1)80.

The National Health Service (Superannuation – Special Provisions) (Scotland) Regulations 1984 (S.I.1984/1970)81.

The Merchant Shipping (Formal Investigations) Rules 1985 (S.I.1985/1001), rule 4(1)82.

Functions of appointing assessors only.

The Police Pensions (War Service) (Transferees) Regulations 1985 (S.I.1985/2029)83.

The Police (Injury Benefit) Regulations 1987 (S.I.1987/156)84.

The Police Pensions Regulations 1987 (S.I.1987/257)85.

The Building Societies Appeal Tribunal Regulations 1987 (S.I.1987/891), regulation 686.

Functions of the Secretary of State only.

The Banking Appeal Tribunal (Scottish Appeals) Regulations 1987 (S.I.1987/1336), regulation 687.

Functions of the Secretary of State only.

The Special Constables (Injury Benefit) (Scotland) Regulations 1987 (S.I.1987/1698).

The Police Cadets (Injury Benefit) (Scotland) Regulations 1987 (S.I.1987/1700).

The Local Government Superannuation (Scotland) Regulations 1987 (S.I.1987/1850)88.

The Police Pensions (Purchase of Increased Benefits) Regulations 1987 (S.I.1987/2215).

The Environmental Assessment (Scotland) Regulations 1988 (S.I.1988/1221), Part III89.

The Electricity and Pipe-line Works (Assessment of Environmental Effects) Regulations 1990 (S.I.1990/442)90.

The Electricity (Applications for Consent) Regulations 1990 (S.I.1990/455).

The Overhead Lines (Exemption) Regulations 1990 (S.I.1990/2035).

The Police Pensions (Additional Voluntary Contributions) Regulations 1991 (S.I.1991/1304).

The Firemen’s Pension Scheme Order 1992 (S.I.1992/129)91.

The Teachers' Superannuation (Scotland) Regulations 1992 (S.I.1992/280)92.

The Road Traffic (Temporary Restrictions) (Procedure) Regulations 1992 (S.I.1992/1215).

Only so far as the functions are exercisable in relation to the imposition of speed limits.

The Traffic Signs Regulations and General Directions 1994 (S.I.1994/1519).

The Roads (Traffic Calming) (Scotland) Regulations 1994 (S.I.1994/2488).

The National Health Service Superannuation Scheme (Scotland) Regulations 1995 (S.I.1995/365)93.

The Teachers' Superannuation (Additional Voluntary Contributions) (Scotland) Regulations 1995 (S.I.1995/2814).

The Welfare Food Regulations 1996 (S.I.1996/1434), regulations 12(2), 15(2), 16 and 20.

The Deregulation (Model Appeal Provisions) Order 1996 (S.I.1996/1678), in the Schedule, rules 6(2), (3) and (9) and 33(3)94.

The Teachers (Compensation for Premature Retirement and Redundancy) (Scotland) Regulations 1996 (S.I.1996/2317)95.

The Merchant Shipping (Section 63 Inquiries) Rules 1997 (S.I.1997/347), rule 5(1)96.

The Local Government Superannuation (Scotland) Amendment (No. 3) Regulations 1997 (S.I.1997/1435)97.

The Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (S.I.1997/2400).

The Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 1998 (S.I.1998/192).

The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 1998 (S.I.1998/364).

The Local Government Pension Scheme (Scotland) Regulations 1998 (S.I.1998/366).

The Road Humps (Scotland) Regulations 1998 (S.I.1998/1448).

The National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998 (S.I.1998/1451).

The National Health Service (Scotland) (Injury Benefits) Regulations 1998 (S.I.1998/1594).