The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2019

Document Number:2019 No. 964
 
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Statutory Instruments

Constitutional Law

Devolution, Scotland

Electricity

Environmental Protection

Made

22 nd May 2019

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 22 nd day of May 2019

Present,

The Queen’s Most Excellent Majesty in Council.

This Order is made by Her Majesty in Council in exercise of the powers conferred upon Her by sections 30(3) , 63(1)(b) , 113(3) and 124(2) of the Scotland Act 1998(1).

In accordance with paragraphs 1 and 2 of Schedule 7 to that Act, a draft of this Order was—

(a) laid before and approved by a resolution of each House of Parliament; and

(b) laid before and approved by a resolution of the Scottish Parliament.

Accordingly, Her Majesty, by and with the advice of Her Privy Council, makes the following Order:

Citation and commencement

  1. —(1) This Order may be cited as the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2019.

    (2) This Order comes into force on the day after the day on which it is made.

    Functions to be treated as being exercisable in or as regards Scotland

  2. —(1) The functions described in paragraph (2) are, for the purposes of section 63 (power to transfer functions) of the Scotland Act 1998 , to be treated as being functions which are exercisable in or as regards Scotland.

    (2) The functions are those conferred on the Secretary of State by—

    (a) section 2(2) of the European Communities Act 1972(2) , and

    (b) the European Communities (Designation) Order 2008(3) ,

    so far as they are exercisable by that person in relation to the assessment of the effects on the environment in connection with applications for consent under section 36 of the Electricity Act 1989(4) , or for the variation of such consents under section 36 C of that Act(5) , for the construction, extension or operation of generating stations in the area designated by the Renewable Energy Zone (Designation of Area) (Scottish Ministers) Order 2005(6) as the area in relation to which the Scottish Ministers are to have functions.

    Functions to be exercised concurrently by the Secretary of State and Scottish Ministers

  3. The functions conferred on the Secretary of State referred to in article 2(2) are, so far as they are exercisable by that person in or as regards Scotland, to be exercisable by the Scottish Ministers concurrently with the Secretary of State.

    General modification of enactments

  4. —(1) Section 117 (general modification of enactments: Ministers of the...

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