Scotland Act 1998 1998 Chapter 46 - continued PART VI, SUPPLEMENTARY - continued General modification of enactments - continued back to previous text Consolidated Fund etc.     119. - (1) In this section "Scottish functions" means-     (a) functions of the Scottish Ministers, the First Minister or the Lord Advocate which are exercisable within devolved competence,   (b) functions of any Scottish public authority with mixed functions or no reserved functions.       (2) Subject to subsections (3) and (5), a provision of a pre-commencement enactment which-     (a) requires or authorises the payment of any sum out of the Consolidated Fund or money provided by Parliament, or   (b) requires or authorises the payment of any sum into the Consolidated Fund,   shall cease to have effect in relation to any Scottish functions.       (3) A provision of a pre-commencement enactment which-     (a) charges any sum on the Consolidated Fund,   (b) requires the payment of any sum out of the Consolidated Fund without further appropriation, or   (c) requires or authorises the payment of any sum into the Consolidated Fund by a person other than a Minister of the Crown,   shall have effect in relation to any Scottish functions as if it provided for the sum to be charged on the Scottish Consolidated Fund or required it to be paid out of that Fund without further approval or required or authorised it to be paid into that Fund (as the case may be).       (4) Subsections (2) and (3) do not apply to the words from the beginning of section 2(3) of the European Communities Act 1972 (general implementation of Treaties) to "such Community obligation".         (5) A provision of a pre-commencement enactment which authorises any sums to be applied as money provided by Parliament instead of being paid into the Consolidated Fund shall have effect in relation to any Scottish functions as if it authorised those sums to be applied as if they had been paid out of the Scottish Consolidated Fund in accordance with rules under section 65(1)(c) instead of being paid into that Fund.         (6) Where a power to lend money under a pre-commencement enactment is exercisable by the Scottish Ministers, subsection (7) applies to any sums which, for the purpose or as the result of the exercise of the power, would be required (apart from that subsection)-     (a) to be issued by the Treasury out of the National Loans Fund, or   (b) to be paid into that Fund.       (7) Those sums shall instead-     (a) be paid out of the Scottish Consolidated Fund without further approval, or   (b) be paid into that Fund,   (as the case may be). Accounts and audit.     120. A provision of a pre-commencement enactment which-     (a) requires any account to be examined, certified and reported on by, or to be open to the inspection of, the Comptroller and Auditor General, or   (b) requires him to have access to any other document for carrying out any such examination,   shall have effect in relation to any Scottish functions (within the meaning of section 119) as if the references to the Comptroller and Auditor General were to the Auditor General for Scotland. Requirements to lay reports etc. before Parliament.     121. - (1) This section applies where-     (a) a pre-commencement enactment makes provision for any report to be laid before Parliament or either House of Parliament, and   (b) the report concerns Scottish functions.       (2) If the report only concerns Scottish functions, it shall be laid instead before the Scottish Parliament.         (3) In any other case, it shall be laid before the Scottish Parliament as well as before Parliament or (as the case may be) either House of Parliament.         (4) In this section-     "report" includes accounts and any statement,   "Scottish functions" has the same meaning as in section 119. Crown land.     122. - (1) In any provision about the application of any pre-commencement enactment to Crown land-     (a) references to a Minister of the Crown or government department shall be read as including the Scottish Ministers and the Lord Advocate, and   (b) references to a Minister of the Crown or government department having the management of the land shall be read as including any member of the Scottish Executive having the management of the land.       (2) In this section, "Crown land" has the meaning given by section 242 of the Town and Country Planning (Scotland) Act 1997.   Stamp duty.     123. In section 55 of the Finance Act 1987 (Crown exemption from stamp duty) references to a Minister of the Crown shall be read as including the Scottish Ministers, the Lord Advocate and the Parliamentary corporation.   Modification of sections 94 and 117 to 122.     124. - (1) Subordinate legislation may provide for any provision of sections 94 and 117 to 122 not to apply, or to apply with modifications, in such cases as the person making the legislation considers appropriate.         (2) Subordinate legislation made by Her Majesty in Council or a Minister of the Crown under this Act may, in connection with any other provision made by the legislation, also provide for any provision of sections 94 and 117 to 122 not to apply, or to apply with modifications.     Amendments and repeals Amendments and repeals.     125. - (1) Schedule 8 (which makes modifications of enactments) shall have effect.         (2) The enactments mentioned in Schedule 9 are repealed to the extent specified in that Schedule.     Final provisions Interpretation.     126. - (1) In this Act-     "body" includes unincorporated association,   "constituencies" and "regions", in relation to the Parliament, mean the constituencies and regions provided for by Schedule 1,   "constituency member" means a member of the Parliament for a constituency,   "the Convention rights" has the same meaning as in the Human Rights Act 1998,   "document" means anything in which information is recorded in any form (and references to producing a document are to be read accordingly),   "enactment" includes an Act of the Scottish Parliament, Northern Ireland legislation (within the meaning of the Northern Ireland Act 1998) and an enactment comprised in subordinate legislation, and includes an enactment comprised in, or in subordinate legislation under, an Act of Parliament, whenever passed or made,   "financial year" means a year ending with 31st March,   "functions" includes powers and duties, and "confer", in relation to functions, includes impose,   "government department" means any department of the Government of the United Kingdom,   "the Human Rights Convention" means-   (a) the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950, and   (b) the Protocols to the Convention,   as they have effect for the time being in relation to the United Kingdom,   "Minister of the Crown" includes the Treasury,   "modify" includes amend or repeal,   "occupational pension scheme", "personal pension scheme" and "public service pension scheme" have the meanings given by section 1 of the Pension Schemes Act 1993, but as if the reference to employed earners in the definition of personal pension scheme were to any earners,   "the Parliament" means the Scottish Parliament,   "parliamentary", in relation to constituencies, elections and electors, is to be taken to refer to the Parliament of the United Kingdom,   "prerogative instrument" means an Order in Council, warrant, charter or other instrument made under the prerogative,   "the principal appointed day" means the day appointed by an order under section 130 which is designated by the order as the principal appointed day,   "proceedings", in relation to the Parliament, includes proceedings of any committee or sub-committee,   "property" includes rights and interests of any description,   "regional member" means a member of the Parliament for a region,   "Scotland" includes so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Scotland,   "Scottish public authority" means any public body (except the Parliamentary corporation), public office or holder of such an office whose functions (in each case) are exercisable only in or as regards Scotland,   "the Scottish zone" means the sea within British fishery limits (that is, the limits set by or under section 1 of the Fishery Limits Act 1976) which is adjacent to Scotland,   "standing orders" means standing orders of the Parliament,   "subordinate legislation" has the same meaning as in the Interpretation Act 1978 and also includes an instrument made under an Act of the Scottish Parliament,   "tribunal" means any tribunal in which legal proceedings may be brought.       (2) Her Majesty may by Order in Council determine, or make provision for determining, for the purposes of this Act any boundary between waters which are to be treated as internal waters or territorial sea of the United Kingdom, or sea within British fishery limits, adjacent to Scotland and those which are not.         (3) For the purposes of this Act-     (a) the question whether any function of a body, government department, office or office-holder relates to reserved matters is to be determined by reference to the purpose for which the function is exercisable, having regard (among other things) to the likely effects in all the circumstances of any exercise of the function, but   (b) bodies to which paragraph 3 of Part III of Schedule 5 applies are to be treated as if all their functions were functions which relate to reserved matters.       (4) References in this Act to Scots private law are to the following areas of the civil law of Scotland-     (a) the general principles of private law (including private international law),   (b) the law of persons (including natural persons, legal persons and unincorporated bodies),   (c) the law of obligations (including obligations arising from contract, unilateral promise, delict, unjustified enrichment and negotiorum gestio),   (d) the law of property (including heritable and moveable property, trusts and succession), and   (e) the law of actions (including jurisdiction, remedies, evidence, procedure, diligence, recognition and enforcement of court orders, limitation of actions and arbitration),   and include references to judicial review of administrative action.       (5) References in this Act to Scots criminal law include criminal offences, jurisdiction, evidence, procedure and penalties and the treatment of offenders.         (6) References in this Act and in any other enactment to the Scottish Administration are to the office-holders in the Scottish Administration and the members of the staff of the Scottish Administration.         (7) For the purposes of this Act-     (a) references to office-holders in the Scottish Administration are to-   (i) members of the Scottish Executive and junior Scottish Ministers, and   (ii) the holders of offices in the Scottish Administration which are not ministerial offices, and   (b) references to members of the staff of the Scottish Administration are to the staff of the persons referred to in paragraph (a).       (8) For the purposes of this Act, the offices in the Scottish Administration which are not ministerial offices are-     (a) the Registrar General of Births, Deaths and Marriages for Scotland, the Keeper of the Registers of Scotland and the Keeper of the Records of Scotland, and   (b) any other office of a description specified in an Order in Council made by Her Majesty under this subsection.       (9) In this Act-     (a) all those rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Community Treaties, and   (b) all those remedies and procedures from time to time provided for by or under the Community Treaties,   are referred to as "Community law".       (10) In this Act, "international obligations" means any international obligations of the United Kingdom other than obligations to observe and implement Community law or the Convention rights.         (11) In this Act, "by virtue of" includes "by" and "under".             Other UK Acts |  Home |  Scotland Legislation |  Wales Legislation |  Northern Ireland Legislation |  Her Majesty's Stationery Office © Crown copyright 1998 Prepared 7 December 1998