Scotland Bill (HL Bill 73)

Scotland BillPage 40

(b) functions of a regulator, or of a person or body that exercises
functions on behalf of a regulator;

(c) functions of the Comptroller-General of Patents, Designs and
Trade Marks.

(11) 5In this paragraph—

  • a “national security tribunal” means—

    (a)

    the Pathogens Access Appeal Commission;

    (b)

    the Proscribed Organisations Appeal Commission;

    (c)

    the Special Immigration Appeals Commission;

    (d)

    10the tribunal established by section 65(1) of the
    Regulation of Investigatory Powers Act 2000
    (investigatory powers tribunal);

    (e)

    any other tribunal that has functions relating to
    matters falling within Section B8 of Part 2 of this
    15Schedule, except a tribunal mentioned in sub-
    paragraph (6);

  • a “regulator” means a person or body that has regulatory
    functions (within the meaning given by section 32 of the
    Legislative and Regulatory Reform Act 2006);

  • 20a “Scottish tribunal” means a tribunal in Scotland—

    (a)

    that does not have functions in or as regards any other
    country or territory, except for purposes ancillary to
    its functions in or as regards Scotland, and

    (b)

    that is not, and does not have as a member, a member
    25of the Scottish Government.

(12) The powers conferred by this paragraph do not affect the powers
conferred by section 30 or section 113.”

(2) In paragraph 1(2) of Schedule 7 to that Act (procedure for subordinate
legislation) at the appropriate place insert—

“Schedule 5, Part 3, paragraph 2A 30 Type A”

(3) Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals to which
the Act applies) is amended as follows.

(4) Before paragraph 9A insert—

“Company names 9ZA Company names
35adjudicators appointed under
section 70(1) of the Companies
Act 2006.”

(5) In paragraph 34 (patents, designs and trademarks)—

(a) the words from “the Comptroller-General” to the end become sub-
40paragraph (a), and

(b) after that sub-paragraph insert—

(b) a person appointed under section 27A(1)(a) of the
Registered Designs Act 1949;

Scotland BillPage 41

(c) a person appointed under section 77(1) of the Trade
Marks Act 1994”.

(6) In section 7(2) of the Tribunals and Inquiries Act 1992 (tribunals in relation to
which section 7 does not apply) after “3,” insert “9ZA,”.

(7) 5In section 14(1)(a) of that Act (restricted application of Act in relation to certain
tribunals) after “paragraph” insert “9ZA,”.

38 Roads

(1) In Part 2 of Schedule 5 to the Scotland Act 1998, Section E1 (specific
reservations: road transport) is amended as follows.

(2) 10In the reservation relating to the subject-matter of certain enactments, for
paragraph (c) (reservation of subject-matter of section 17 and other provisions
of the Road Traffic Regulation Act 1984) substitute—

(c) section 17 of the Road Traffic Regulation Act 1984 (traffic
regulation on special roads) except so far as relating to the
15speed of vehicles on special roads, and section 87 of that Act
(exemption of emergency vehicles from speed limits) so far as
relating to vehicles used in connection with any other
reserved matter or to the training of drivers of vehicles,”.

(3) In the exception relating to the Road Traffic Act 1988, after “sections” insert “36
20(offence of failing to comply with traffic sign),”.

(4) After that exception insert—

Interpretation

The reference to the subject-matter of section 87 of the Road Traffic
Regulation Act 1984 is to be construed as a reference to it as at the date
25when section 38 of the Scotland Act 2015 comes into force (and,
accordingly, paragraph 5(1) of Part 3 of this Schedule does not apply to
that reference).”

39 Roads: traffic signs etc

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

(2) 30In section 25(1) (Secretary of State to make pedestrian crossing regulations) for
“Secretary of State” substitute “national authority”.

(3) In section 64 (general provisions as to traffic signs)—

(a) in subsections (1) and (2) for “Secretary of State” substitute “national
authority”,

(b) 35in subsection (1) for “Ministers acting jointly” substitute “national
authority”,

(c) omit subsections (2A) to (2C), and

(d) omit subsections (7) and (8).

(4) Section 65 (powers of traffic authorities as to placing of traffic signs) is
40amended as follows.

(5) In subsection (1) omit “as may be given by the Ministers acting jointly”.

Scotland BillPage 42

(6) In subsections (1), (2), (3A)(ii) and (4) for “Secretary of State” substitute
“national authority”.

(7) In subsection (3) after “power” insert “of the Secretary of State”.

(8) After that subsection insert—

(3ZA) 5The power of the Scottish Ministers to give general directions under
subsection (1) is to be exercisable by Scottish statutory instrument.

(3ZB) Before giving a general direction under subsection (1) the Secretary of
State must consult with the Scottish Ministers.

(3ZC) Before giving a general direction under subsection (1) the Scottish
10Ministers must consult with the Secretary of State.”

(9) In subsection (3A)(ii) after “prescribed” insert “in regulations made by the
national authority”.

(10) In section 69(3) (Secretary of State’s directions for removal of traffic signs) for
“Secretary of State” substitute “national authority”.

(11) 15In section 70(1) (default powers of Secretary of State as to traffic signs)—

(a) for “Secretary of State” substitute “national authority”,

(b) omit “himself”,

(c) omit “by him” in the first place,

(d) for “him”, in the second place, substitute “the national authority”, and

(e) 20after “the authority” insert “that failed to comply with the direction”.

(12) In section 71(1) (power to enter land in connection with traffic signs) for
“Secretary of State” substitute “national authority”.

(13) In section 77 (modification of provisions relating to directions where Secretary
of State is the traffic authority) for “Secretary of State”, in both places,
25substitute “national authority”.

(14) Section 79 (advances by Secretary of State towards expenses of traffic signs) is
amended as follows.

(15) In subsection (1), for the words from “Secretary of State” to “Parliament,”
substitute “national authority may”.

(16) 30After 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
authority”.

(18) 35In 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)

    in relation to roads in Scotland, means the Scottish
    40Ministers;”.

(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.

Scotland BillPage 43

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

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

(23) 5After subsection (5) insert—

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

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

(8) 10In this section “national authority” has the meaning given by section
142(1) of the Road Traffic Regulation Act 1984.”

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

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

40 15Roads: speed limits

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

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

(3) In subsection (2)—

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

(b) 20omit the words from “made” to “Parliament”.

(4) After that subsection insert—

(3) An 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
25Parliament;

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

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

(5) 30Before making an order under subsection (2) the Scottish Ministers
must consult with the Secretary of State.”

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

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

(b) 35in subsection (3) for “prescribed manner” substitute “manner
prescribed in regulations made by the national authority”.

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

(7) In subsection (1)—

(a) 40for “Secretary of State”, in both places, substitute “national authority”,
and

Scotland BillPage 44

(b) for “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
5authority”.

(10) Section 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) 10subsection (2)(a) and (b),

(c) subsection (3), and

(d) subsection (5A).

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

(13) In subsection (3)—

(a) 15omit “himself”,

(b) omit “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) 20In subsection (7) after “power” insert “of the Secretary of State”.

(16) After 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
25of State must consult with the Scottish Ministers.

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

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

(a) 30in paragraph (b) of subsection (1) for “prescribed purposes” substitute
“purposes prescribed by regulations made by the relevant authority”,

(b) in 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
35“Regulations under subsection (3)”,

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

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

(g) 40at the end insert—

(7) In this section “relevant authority”—

(a) in relation to vehicles used on roads in Scotland, except
vehicles used in connection with reserved matters

Scotland BillPage 45

(within the meaning of the Scotland Act 1998), means
the Scottish Ministers,

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

41 Roads: consequential provision etc

(1) 5Schedule 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 39 and
40(1) to (16) and Schedule 2 were in force immediately before the
10commencement of the Order.

(3) Subsection (4) applies if the Secretary of State makes a statutory instrument
revoking the following instruments in relation to England and Wales—

(a) the Zebra, Pelican and Puffin Pedestrian Crossing Regulations and
General Directions 1997 (S.I. 1997/2400S.I. 1997/2400);

(b) 15the Traffic Signs (Temporary Obstructions) Regulations 1997 (S.I. 1997/
3053);

(c) the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/
3113).

(4) Despite anything in section 39 or 40 or Schedule 2, the Secretary of State may
20by that instrument exercise one or more of the traffic signs powers to make
provision in relation to roads in Scotland (including provision revoking one or
more of the instruments mentioned in subsection (3) in relation to Scotland),
with the consent of the Scottish Ministers.

(5) The traffic signs powers are—

(a) 25the power to make regulations under section 25 of the Road Traffic
Regulation Act 1984 (pedestrian crossings);

(b) the power to make regulations under section 64 of that Act (traffic
signs);

(c) the power to give general directions under section 65(1) of that Act
30(placing of traffic signs);

(d) the power to give general directions under section 85(2) of that Act
(traffic signs for indicating speed restrictions);

(e) the power to make regulations under section 36(5) of the Road Traffic
Act 1988 (traffic signs: discretionary disqualification for failure to
35comply).

(6) The Secretary of State may not by virtue of subsection (4) exercise any power
in a way that the Secretary of State could not have exercised that power
immediately before the coming into force of sections 39 and 40 and Schedule 2.

42 Policing of railways and railway property

(1) 40In Part 2 of Schedule 5 to the Scotland Act 1998, Section E2 (specific
reservations: rail transport) is amended as follows.

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

“Policing of railways and railway property.”

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

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

43 British Transport Police: cross-border public authorities

(1) 5The following are cross-border public authorities for the purposes of the
Scotland Act 1998 (“the 1998 Act”)—

(a) the British Transport Police Authority;

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

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

(d) 10the assistant Chief Constables of the British Transport Police Force.

(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
15cross-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.

44 Onshore petroleum

(1) Section D2 in Part 2 of Schedule 5 to the Scotland Act 1998 (oil and gas) is
20amended as follows.

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

“The granting and regulation of licences to search and bore for and get
petroleum that, at the time of the grant of the licence, is within the
Scottish onshore area, except for any consideration payable for such
25licences.

Access to land for the purpose of searching or boring for or getting
petroleum under such a licence.”

(3) After the Exceptions insert—

Interpretation

30The 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).

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

45 35Onshore petroleum: consequential amendments

(1) The 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) 40for “Secretary of State” substitute “appropriate Minister”;

Scotland BillPage 47

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

(a) in 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 “Secretary of State” substitute “appropriate Minister”.

(8) 10After 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
following so far as they relate to such consideration—

(a) 15the 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)
may not include model clauses on the matters mentioned in subsection
20(1A).”

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

(10) After that subsection insert—

(3A) Any regulations made by the Scottish Ministers shall be subject to the
25negative 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
Scottish Ministers shall publish notice of the fact in the Edinburgh
30Gazette stating—

(a) the name of the licensee; and

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

(12) In section 5(9) (existing licences) for “the Secretary of State” in each place
35substitute “the appropriate Minister”.

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

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

(15) 40In 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

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(d) references to the Secretary of State (or the Minister) in sections
4 and 9 of that Act included references to the Scottish Ministers
in relation to licences granted in relation to the Scottish onshore
area.”

(16) 5In 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 Interpretation of Part 1

(1) This section applies for the purposes of this Part.

(2) 10The “appropriate Minister” means—

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

(b) otherwise, the Secretary of State.

(3) 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
15the Territorial Sea Act 1987 (extension of territorial sea).

(4) In subsection (3) “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) 20Part 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) 25in 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) 30is 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
35as 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
40(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.”

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46 Onshore petroleum: existing licences

(1) The Secretary of State may make any amendment that appears to the Secretary
of State to be necessary or expedient in consequence of section 44 or 45—

(a) in any model clause, to the extent that, under Part 1 of the Petroleum
5Act 1998, it is incorporated, or has effect as if incorporated, in an
existing licence, and

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

(2) In the case of an existing licence granted in respect of an area (“the licence
area”) of which part only was within the Scottish onshore area at the time the
10licence was granted—

(a) the Secretary of State may direct that it is to have effect as a licence in
respect of an area comprising that part and a separate licence in respect
of an area comprising the rest of the licence area, and

(b) subsection (1) applies in relation to each of those licences as it applies
15in relation to the existing licence.

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

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

(5) 20In this section “existing licence” means a licence granted, before the
commencement of section 44, under—

(a) section 3 of the Petroleum Act 1998, or

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

in respect of an area all or part of which is within the Scottish onshore area,
25within the meaning given by Section D2 of Part 2 of Schedule 5 to the Scotland
Act 1998.

47 Consumer advocacy and advice

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

(2) 30In Section C7 (consumer protection)—

(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.”

(3) 35In Section C8 (product standards, safety and liability) after the heading
“Exceptions” insert—

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

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

40“Exceptions

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

(5) In Section C11 (posts)—