Scotland Bill (HC Bill 3)

Scotland BillPage 40

(16) After subsection (1) insert—

(1A) An advance by the Secretary of State under this section is to be made
out of moneys provided by Parliament.”

(17) In subsections (3) and (5) for “Secretary of State” substitute “national
5authority”.

(18) In section 142(1) (general interpretation) at the appropriate place insert—

  • ““national authority”—

    (a)

    in relation to roads in England and Wales, means the
    Secretary of State;

    (b)

    10in relation to roads in Scotland, means the Scottish
    Ministers.”

(19) The Road Traffic Act 1988 is amended as follows.

(20) Section 36 (offence of failing to comply with traffic sign) is amended as follows.

(21) In subsections (1)(b) and (3)(a) for “Secretary of State” substitute “national
15authority”.

(22) In subsection (5) for the words from “Secretary of State for the Environment”
to “jointly” substitute “national authority”.

(23) After subsection (5) insert—

(6) Before making regulations under subsection (5) the Secretary of State
20must consult with the Scottish Ministers.

(7) Before making regulations under subsection (5) the Scottish Ministers
must consult with the Secretary of State.

(8) In this section “national authority” has the meaning given by section
142(1) of the Road Traffic Regulation Act 1984.”

(24) 25In section 195 (regulations) after subsection (4) insert—

(4ZA) Regulations made by the Scottish Ministers under section 36(5) are
subject to the negative procedure.”

36 Roads: speed limits

(1) The Road Traffic Regulation Act 1984 is amended as follows.

(2) 30Section 81 (speed limit for restricted roads) is amended as follows.

(3) In subsection (2)—

(a) for “Ministers acting jointly” substitute “national authority”, and

(b) omit the words from “made” to “Parliament”.

(4) After that subsection insert—

(3) 35An order under subsection (2)—

(a) if made by the Secretary of State, is to be made by statutory
instrument and approved by a resolution of each House of
Parliament;

(b) if made by the Scottish Ministers, is subject to the affirmative
40procedure.

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(4) Before making an order under subsection (2) the Secretary of State must
consult with the Scottish Ministers.

(5) Before making an order under subsection (2) the Scottish Ministers
must consult with the Secretary of State.”

(5) 5In section 82 (what roads are restricted roads)—

(a) in subsection (1)(b) for “Secretary of State” substitute “Scottish
Ministers”, and

(b) in subsection (3) for “prescribed manner” substitute “manner
prescribed in regulations made by the national authority”.

(6) 10Section 83 (provisions as to directions by a traffic authority under section 82(2))
is amended as follows.

(7) In subsection (1)—

(a) for “Secretary of State”, in both places, substitute “national authority”,
and

(b) 15for “his” substitute “the national authority’s”.

(8) Section 84 (speed limits on roads other than restricted roads) is amended as
follows.

(9) In subsections (1A) and (1B) for “Secretary of State” substitute “national
authority”.

(10) 20Section 85 (traffic signs for indicating speed restrictions) is amended as follows.

(11) In the following places, for “Secretary of State” substitute “national
authority”—

(a) subsection (1),

(b) subsection (2)(a) and (b),

(c) 25subsection (3), and

(d) subsection (5A).

(12) In subsection (1) for “he” substitute “the national authority”.

(13) In subsection (3)—

(a) omit “himself”,

(b) 30omit “by him” in the first place, and

(c) for “him”, in the second place, substitute “the national authority”.

(14) In subsection (5A) omit the words from “or, where” to “officer of the Scottish
Ministers”.

(15) In subsection (7) after “power” insert “of the Secretary of State”.

(16) 35After subsection (7) insert—

(8) The power of the Scottish Ministers to give general directions under
subsection (2) is to be exercisable by Scottish statutory instrument.

(9) Before giving any general directions under subsection (2) the Secretary
of State must consult with the Scottish Ministers.

(10) 40Before giving any general directions under subsection (2) the Scottish
Ministers must consult with the Secretary of State.”

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(17) In section 87 (exemption of emergency vehicles from speed limits) (as amended
by section 19 of the Road Safety Act 2006)—

(a) in paragraph (b) of subsection (1) for “prescribed purposes” substitute
“purposes prescribed by regulations made by the relevant authority”,

(b) 5in that paragraph after “may be” insert “so”,

(c) in subsection (2)(a) for “this section” substitute “subsection (3)”,

(d) in subsection (4) for “The regulations”, in the first place, substitute
“Regulations under subsection (3)”,

(e) in subsection (5) for “The regulations”, in the first place, substitute
10“Regulations under subsection (3)”,

(f) in subsection (6) for “The regulations” substitute “Regulations under
subsection (3)”, and

(g) at the end insert—

(7) In this section “relevant authority“—

(a) 15in relation to vehicles used on roads in Scotland, except
vehicles used in connection with reserved matters
(within the meaning of the Scotland Act 1998), means
the Scottish Ministers,

(b) otherwise, means the Secretary of State.”

37 20Roads: consequential provision etc

(1) Schedule 2 (roads: consequential and related amendments) has effect.

(2) The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I.
1999/672) has effect in relation to the Road Traffic Regulation Act 1984 and the
Road Traffic Act 1988 as if the amendments of those Acts by sections 35 and 36
25and Schedule 2 were in force immediately before the commencement of the
Order.

38 Policing of railways and railway property

(1) In Part 2 of Schedule 5 to the Scotland Act 1998, Section E2 (specific
reservations: rail transport) is amended as follows.

(2) 30Under the heading “Exceptions”, after the exception relating to the promotion
and construction of railways insert—

  • “Policing of railways and railway property.”

(3) Under the heading “Interpretation”, after the definition of “railway” insert—

  • ““Railway property” has the meaning given by section 75(3) of the
    35Railways and Transport Safety Act 2003.”

39 British Transport Police: cross-border public authorities

(1) The following are cross-border public authorities for the purposes of the
Scotland Act 1998 (“the 1998 Act”)—

(a) the British Transport Police Authority;

(b) 40the Chief Constable of the British Transport Police Force;

(c) the deputy Chief Constable of the British Transport Police Force;

(d) the assistant Chief Constables of the British Transport Police Force.

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(2) In relation to those cross-border public authorities the reference in section 88(3)
of the 1998 Act to a pre-commencement enactment is to be read as a reference
to the Railways and Transport Safety Act 2003.

(3) Except as provided by subsection (2), the 1998 Act applies in relation to the
5cross-border public authorities mentioned in subsection (1) in the same way as
it applies in relation to cross-border public authorities specified in an Order in
Council under section 88(5) of the 1998 Act.

40 Onshore petroleum

(1) Section D2 in Part 2 of Schedule 5 to the Scotland Act 1998 (oil and gas) is
10amended as follows.

(2) In the Exceptions, before “The manufacture of gas.” insert—

  • “The granting of licences to search and bore for and get petroleum
    within the Scottish onshore area, except for any consideration
    payable for such licences.

  • 15Access to such petroleum within the Scottish onshore area.”

(3) After the Exceptions insert—

  • Interpretation

    The Scottish onshore area is the area of Scotland that is within
    the baselines established by any Order in Council under section
    201(1)(b) of the Territorial Sea Act 1987 (extension of territorial
    sea).

    “Petroleum” means petroleum within the meaning given by
    section 1 of the Petroleum Act 1998 in its natural state in strata.”

41 Onshore petroleum: consequential amendments

(1) 25The Petroleum Act 1998 is amended as follows.

(2) Section 3 (licences to search and bore for and get petroleum) is amended as
follows.

(3) In subsection (1)—

(a) for “Secretary of State” substitute “appropriate Minister”;

(b) 30for “he” substitute “the appropriate Minister”.

(4) In subsection (3) for “Secretary of State” in the second place substitute
“appropriate Minister”.

(5) After subsection (4) insert—

(5) In this Part “the appropriate Minister” means—

(a) 35in relation to the Scottish onshore area, the Scottish Ministers;

(b) otherwise, the Secretary of State.”

(6) Section 4 (licences: further provisions) is amended as follows.

(7) In subsection (1) for “the Secretary of State” substitute “the appropriate
Minister”.

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(8) After that subsection insert—

(1A) In relation to licences granted by the Scottish Ministers, regulations
made by the Secretary of State under subsection (1)(e) may include
model clauses on the consideration payable for a licence and the
5following (insofar as they relate to such consideration)—

(a) the measurement of petroleum obtained from the licensed area
(including the facilitation of such measurement), and

(b) the keeping of accounts.

(1B) Regulations made by the Scottish Ministers under subsection (1)(e)
10may not include model clauses on the matters mentioned in subsection
(1A).”

(9) In subsection (3) for “Any such regulations” substitute “Any regulations made
by the Secretary of State”.

(10) After that subsection insert—

(3A) 15Any regulations made by the Scottish Ministers shall be subject to the
negative procedure (see section 28 of the Interpretation and Legislative
Reform (Scotland) Act 2010).”

(11) After subsection (4) insert—

(4A) As soon as practicable after granting a licence under section 3, the
20Scottish Ministers shall publish notice of the fact in the Edinburgh
Gazette stating—

(a) the name of the licensee; and

(b) the situation of the area in respect of which the licence has been
granted.”

(12) 25In section 5(9) (existing licences) for “the Secretary of State” in each place
substitute “the appropriate Minister”.

(13) In section 5A (rights transferred without consent) for “the Secretary of State” in
each place substitute “the appropriate Minister”.

(14) In section 5B(1) (information) for “the Secretary of State” in each place
30substitute “the appropriate Minister”.

(15) In section 7 (ancillary rights) in subsection (2)—

(a) at the end of paragraph (b) omit “and”, and

(b) at the end of paragraph (c) insert “; and

(d) references to the Minister in section 4 of that Act included the
35Scottish Ministers in relation to licences granted in relation to
the Scottish onshore area.”

(16) In section 8 (power to inspect plans of mines) for “the Secretary of State” in each
place substitute “the appropriate Minister”.

(17) After section 8 insert—

8A 40Scottish onshore area

(1) The Scottish onshore area is the area of Scotland that is within the
baselines established by any Order in Council under section 1(1)(b) of
the Territorial Sea Act 1987 (extension of territorial sea).

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(2) In subsection (1) “Scotland” has the same meaning as in the Scotland
Act 1998.”

(18) In section 188(12) of the Energy Act 2004, in the substituted subsection (7A),
before paragraph (a) insert—

(za) 5Part 1 of the Petroleum Act 1998,”.

(19) The Oil Taxation Act 1975 is amended as follows.

(20) In section 12(1A)(a)(ii) (authorities that can revoke licences) after “Secretary of
State” insert “, the Scottish Ministers”.

(21) In paragraph 1(2) of Schedule 1 (determination of oil fields)—

(a) 10in paragraph (a) after “granted” insert “by the Secretary of State”;

(b) after paragraph (a) insert—

(aa) is the Scottish Ministers if the area is such that licences
can be granted by the Scottish Ministers for all of it
under Part 1 of the Petroleum Act 1998;

(ab) 15is the Secretary of State and the Scottish Ministers
acting jointly if the area is such that licences can be
granted for part of it by the Secretary of State and for
part of it by the Scottish Ministers;”.

(22) The Petroleum (Production) (Landward Areas) Regulations 1995 are amended
20as follows.

(23) In regulation 2 (interpretation) after the entry for “principal licence” insert—

““Scottish onshore area” has the meaning given by section 8A of the
Petroleum Act 1998;”.

(24) In regulation 3 (application of the regulations) at the beginning of paragraph
25(1) insert “Subject to paragraph (1A),”.

(25) After that paragraph insert—

(1A) These regulations do not apply to applications for licences to search
and bore for, and get, petroleum within the Scottish onshore area.”

42 Onshore petroleum: existing licences

(1) 30The Secretary of State may make any amendment that appears to the Secretary
of State to be necessary or expedient in consequence of section 40—

(a) in any model clause, to the extent that, under Part 1 of the Petroleum
Act 1998, it is incorporated, or has effect as if incorporated, in an
existing licence, and

(b) 35in any other provision of an existing licence.

(2) The power to make amendments under subsection (1)(a) is exercisable by
regulations made by statutory instrument.

(3) A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.

(4) 40In this section “existing licence” means a licence granted, before the
commencement of section 40, under—

(a) section 2 of the Petroleum Act 1998, or

(b) section 2 of the Petroleum (Production) Act 1934,

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in respect of an area all or part of which is within the Scottish onshore area,
within the meaning given by Section D2 of Part 2 of Schedule 5 to the Scotland
Act 1998.

43 Consumer advocacy and advice

(1) 5Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) is amended
as follows.

(2) In Section C7 (consumer protection)—

(a) for the heading “Exception” substitute “Exceptions”;

(b) after that heading insert—

10“The provision of consumer advocacy and advice by, or by
agreement with, a public body or the holder of a public office.”

(3) In Section C8 (product standards, safety and liability) after the heading
“Exceptions” insert—

“The provision of consumer advocacy and advice by, or by agreement
15with, a public body or the holder of a public office.”

(4) In Section C9 (weights and measures) after the reservations insert—

“Exceptions

The provision of consumer advocacy and advice by, or by agreement
with, a public body or the holder of a public office.”

(5) 20In Section C11 (posts)—

(a) for the heading “Exception” substitute “Exceptions”;

(b) after that heading insert—

“The provision of consumer advocacy and advice by, or by
agreement with, a public body or the holder of a public office.”

(6) 25In Section D1 (electricity)—

(a) for the heading “Exception” substitute “Exceptions”;

(b) after the exception relating to the Environmental Protection Act 1990
insert—

“The provision of consumer advocacy and advice by, or by
30agreement with, a public body or the holder of a public office.”

(7) In Section D2 (oil and gas), at the end of the exceptions insert—

“The provision of consumer advocacy and advice by, or by agreement
with, a public body or the holder of a public office.”

(8) In paragraph 3(2) of Part 3 of Schedule 5 to the Scotland Act 1998 (reserved
35bodies) at the end insert—

(e) the Office of Communications,

(f) the Gas and Electricity Markets Authority.”

(9) Section 8 of the Utilities Act 2000 (payments by licence holders relating to new
arrangements) is amended as follows.

(10) 40In subsection (2) at the end insert “or to such proportion of such amounts as the
Secretary of State considers reasonable in respect of the provision, in or as

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regards Scotland, of consumer advocacy and advice by, or by agreement with,
a public body or the holder of a public office, in relation to gas or electricity
consumers”.

(11) Omit—

(a) 5subsection (3A)(bb) and (cb);

(b) in subsections (3A)(da) and (db) the words “and Citizens Advice
Scotland”;

(c) in subsection (3A)(f) the words “or Citizens Advice Scotland”;

(d) in subsection (3B)(a) the words “or Citizens Advice Scotland, as the
10case may be,”;

(e) in subsection (3C) the words “or Citizens Advice Scotland, or by them
jointly,”;

(f) in subsection (4)(d) the words “or Citizens Advice Scotland”.

(12) Section 51 of the Postal Services Act 2011 (consumer protection conditions) is
15amended as follows.

(13) At the end of subsection (2)(c) omit “and” and insert—

(ca) to make payments relating to such proportion of such amounts
as the Secretary of State considers reasonable in respect of the
provision, in or as regards Scotland, of consumer advocacy and
20advice by, or by agreement with, a public body or the holder of
a public office, in relation to users of postal services, and”.

(14) In subsection (6) after “(2)(c)” insert “, (ca)”.

(15) Omit—

(a) in subsection (2)(c) the words “, Citizens Advice Scotland”;

(b) 25the “and” at the end of subsection (2)(c);

(c) in subsection (4) the words “, Citizens Advice Scotland”;

(d) subsection (4)(d), (e) and (f);

(e) in subsection (4ZA)(b) the words “, Citizens Advice Scotland”.

44 Functions exercisable within devolved competence: consumer advocacy and
30advice

(1) The Scotland Act 1998 (“the 1998 Act”) has effect, in relation to any function so
far as exercisable within devolved competence by virtue of a provision of
section 43, as if references to a “pre-commencement enactment” were to—

(a) an Act passed before or in the same session as the relevant date,

(b) 35any other enactment made before the relevant date,

(c) subordinate legislation under section 106 of the 1998 Act, to the extent
that the legislation states that it is to be treated as a pre-commencement
enactment,

but did not include the 1998 Act or this Act (or any amendment made by either
40of those Acts) or (subject to paragraph (c)) an enactment comprised in
subordinate legislation under either of those Acts.

(2) In this section—

(a) expressions used in the 1998 Act have the same meaning as in that Act;

(b) the relevant date is the date on which section 43 comes into force.

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45 Gaming machines on licensed betting premises

(1) In Section B9 in Part 2 of Schedule 5 to the Scotland Act 1998 (betting, gaming
and lotteries) at the end insert—

Exception

5In the case of a betting premises licence under the Gambling Act 2005,
other than one in respect of a track, the number of gaming machines
authorised for which the maximum charge for use is more than £10 (or
whether such machines are authorised).”

(2) Section 172 of the Gambling Act 2005 (gaming machines) is amended as
10follows.

(3) In subsection (11) for “Secretary of State” substitute “appropriate Minister”.

(4) After that subsection insert—

(12) In subsection (11) “the appropriate Minister” means—

(a) the Scottish Ministers, so far as, in the case of a betting premises
15licence in respect of premises in Scotland and not in respect of a
track, the order varies—

(i) the number of gaming machines authorised for which
the maximum charge for use is more than £10, or

(ii) whether such machines are authorised;

(b) 20otherwise, the Secretary of State.”

(5) In section 355 of that Act (regulations, orders and rules)—

(a) in subsection (1) after “the Secretary of State” insert “or the Scottish
Ministers”, and

(b) for subsections (9) and (10) substitute—

(9) 25Subsection (3) does not apply to regulations made by the
Scottish Ministers (see section 27 of the Interpretation and
Legislative Reform (Scotland) Act 2010: functions exercised by
Scottish statutory instrument).

(10) Regulations made by the Scottish Ministers under a provision
30specified in subsection (4), or under section 285, and an order
made by the Scottish Ministers under section 172, shall be
subject to the affirmative procedure.

(11) Any other regulations made by the Scottish Ministers under a
provision of this Act shall be subject to the negative procedure.”

(6) 35The amendments made by this section do not apply in relation to a betting
premises licence issued before this section comes into force.

Part 5 Other executive competence

46 Gaelic Media Service

(1) 40In section 183A of the Broadcasting Act 1990 (membership of the Gaelic Media
Service)—

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(a) in subsection (4) for “the Secretary of State and the Scottish Ministers”
substitute “the Scottish Ministers”, and

(b) in subsection (6)(b) for “the Secretary of State with the agreement of the
Scottish Ministers” substitute “the Scottish Ministers”.

(2) 5Section 17(4) to (6) of the Scotland Act 2012 is repealed.

47 Commissioners of Northern Lighthouses

(1) Schedule 8 of the Merchant Shipping Act 1995 is amended as follows.

(2) In paragraph 1(2) (Commissioners of Northern Lighthouses), after paragraph
(e) insert—

(f) 10a person appointed by the Secretary of State (in addition to the
person nominated under paragraph (d));

(g) a person appointed by the Scottish Ministers.”

(3) In paragraph 2(2) (elections by the Commissioners) for “five” substitute
“three”.

(4) 15After paragraph 4 (Commissioners constituting quorum) insert—

4A (1) The Commissioners shall send to the Scottish Ministers a copy of any
accounts that they have been required to provide under section 218.

(2) The Scottish Ministers shall lay those accounts before the Scottish
Parliament.

(3) 20The Commissioners shall send to the Scottish Ministers any report
made under section 198(4)(b) (reports on inspections).

(4) The Scottish Ministers shall lay any such report before the Scottish
Parliament.”

48 Maritime and Coastguard Agency

(1) 25In section 1 of the Coastguard Act 1925 (transfer of the coastguard to the Board
of Trade), at the end insert—

(3) The Secretary of State must consult the Scottish Ministers about the
strategic priorities of the Secretary of State in exercising functions
under subsection (1) in relation to activities of Her Majesty’s
30Coastguard in Scotland.

(4) In subsection (3) “Scotland” has the same meaning as in the Scotland
Act 1998.”

(2) In section 292 of the Merchant Shipping Act 1995 (general functions of the
Secretary of State) after subsection (2) insert—

(3) 35The Secretary of State must consult the Scottish Ministers about the
strategic priorities of the Secretary of State in exercising functions
under subsection (1) in relation to the safety standards of ships in
Scotland and protecting the health and safety of persons on them.

(4) In subsection (3) “Scotland” has the same meaning as in the Scotland
40Act 1998.”