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Scotland Bill


Scotland Bill
Part 2 — Ministers and their powers

11

 

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Scottish Crown Estate Commissioner

(1)   

In Schedule 1 to the Crown Estate Act 1961 (constitution etc of Crown Estate

Commissioners), paragraph 1 is amended as follows.

(2)   

After sub-paragraph (3) insert—

   “(3A)  

One of the Commissioners shall be appointed as the Scottish Crown

5

Estate Commissioner, who must be a person who knows about

conditions in Scotland as they relate to the functions of the

Commissioners.”

(3)   

After sub-paragraph (4) insert—

   “(4A)  

The Scottish Crown Estate Commissioner shall be appointed on the

10

recommendation of the Chancellor of the Exchequer, who shall

consult the Scottish Ministers before making that recommendation.”

19      

Misuse of drugs

(1)   

The Misuse of Drugs Act 1971 is amended as follows.

(2)   

In section 10 (power to make regulations for preventing misuse of controlled

15

drugs)—

(a)   

in subsection (2)(i) for “Secretary of State” substitute “appropriate

authority”;

(b)   

after subsection (2) insert—

“(3)   

Regulations made in pursuance of subsection (2)(i) must secure

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that under any licence a doctor may—

(a)   

administer, supply or prescribe a controlled drug, or

(b)   

authorise the administration or supply of a controlled

drug,

   

only while at an address specified in the licence.

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(4)   

The appropriate authority for the purposes of subsection (2)(i)

is—

(a)   

where the specified address for the purposes of

subsection (3) is in Scotland, the Scottish Ministers;

(b)   

otherwise, the Secretary of State.”

30

(3)   

In section 13 (directions where regulations or licence contravened) after

subsection (1) insert—

“(1A)   

In relation to regulations made in pursuance of section 10(2)(i) or to a

licence under those regulations, the reference in subsection (1) to the

Secretary of State is to be read as a reference to the appropriate

35

authority.

(1B)   

The appropriate authority for the purposes of subsection (1A) is—

(a)   

in relation to a contravention taking place in Scotland, the

Scottish Ministers;

(b)   

otherwise, the Secretary of State.”

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(4)   

In section 14 (investigation where grounds for direction under section 13 are

 
 

Scotland Bill
Part 2 — Ministers and their powers

12

 

considered to exist) after subsection (1) insert—

“(1A)   

In relation to section 13(1), references in this section to the Secretary of

State are to be read in accordance with section 13(1A).”

(5)   

In section 16 (provisions supplementary to sections 14 and 15) after subsection

(1) insert—

5

“(1A)   

Where in accordance with section 14(1A) a case is referred to a tribunal

or advisory body by the Scottish Ministers—

(a)   

references in this section and Schedule 3 to the Secretary of State

are to be read as references to the Scottish Ministers, and

(b)   

references in that Schedule to the approval of the Treasury do

10

not apply.”

(6)   

In section 30 (licences and authorities)—

(a)   

at the beginning insert “(1)”;

(b)   

at the end insert—

“(2)   

Subsection (1) applies to a licence issued by the Scottish

15

Ministers under regulations made in pursuance of section

10(2)(i) as if references in that subsection to the Secretary of

State were references to the Scottish Ministers.”

(7)   

In paragraph 4 of Schedule 3 (tribunal rules) at the end add—

    “(4)  

Where the Scottish Ministers have power to make rules under this

20

paragraph (by virtue of section 16(1A) or otherwise)—

(a)   

sub-paragraph (3) does not apply, and

(b)   

the rules are subject to the negative procedure.”

20      

Power to prescribe drink-driving limits

(1)   

The Road Traffic Act 1988 is amended as follows.

25

(2)   

Section 8 (choice of specimens of breath) is amended as follows.

(3)   

In subsection (3), for “The Secretary of State may by regulations” substitute

“Regulations may”.

(4)   

After subsection (3) insert—

“(4)   

Regulations under subsection (3) may be made—

30

(a)   

by the Secretary of State, in relation to cases where the

suspected offence is an offence committed in England and

Wales;

(b)   

by the Scottish Ministers, in relation to cases where the

suspected offence is an offence committed in Scotland.”

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(5)   

Section 11 (interpretation of sections 3A to 10) is amended as follows.

(6)   

In the definition of “the prescribed limit” in subsection (2), omit “made by the

Secretary of State”.

(7)   

After subsection (2) insert—

“(2ZA)   

Regulations under subsection (2) may be made—

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Scotland Bill
Part 2 — Ministers and their powers

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(a)   

by the Secretary of State, in relation to driving or attempting to

drive, or being in charge of a vehicle, in England and Wales;

(b)   

by the Scottish Ministers, in relation to driving or attempting to

drive, or being in charge of a vehicle, in Scotland.”

(8)   

Section 195 (provisions as to regulations) is amended as follows.

5

(9)   

After subsection (2) insert—

“(2A)   

Before making any regulations under this Act the Scottish Ministers

must consult with such representative organisations as they think fit.”

(10)   

After subsection (4) insert—

“(4A)   

Regulations made by the Scottish Ministers under section 8(3) or 11(2)

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are subject to the affirmative procedure.”

21      

Speed limits

(1)   

The Road Traffic Regulation Act 1984 is amended as follows.

(2)   

Section 17 (traffic regulation on special roads) is amended as follows.

(3)   

In subsection (2) for “The Secretary of State may make regulations” substitute

15

“Regulations may make provision”.

(4)   

After subsection (3) insert—

“(3ZA)   

The power to make provision of the following kinds by regulations

under subsection (2) is exercisable by the Scottish Ministers—

(a)   

provision with respect to a particular special road in Scotland;

20

(b)   

provision for regulating the speed of vehicles on special roads

in Scotland.

(3ZB)   

The power to make provision of any other kind by regulations under

subsection (2) is exercisable by the Secretary of State.

(3ZC)   

In relation to special roads in Scotland that power of the Secretary of

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State is exercisable only after consultation with the Scottish Ministers.”

(5)   

Section 64 (general provision as to traffic signs) is amended as follows.

(6)   

After subsection (2) insert—

“(2A)   

The functions under this section that are exercisable by the Scottish

Ministers instead of the Secretary of State include the function of

30

making regulations under subsection (1)(a) specifying signs for a

Scottish national speed limit.

(2B)   

The function of making such regulations is exercisable only with the

agreement of the Secretary of State.

(2C)   

“Scottish national speed limit” means any of these—

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(a)   

a speed limit that, by virtue of regulations under section 17(2)

made by the Scottish Ministers, is to be observed—

(i)   

on all special roads,

(ii)   

on all special roads provided for the use of particular

classes of traffic,

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Scotland Bill
Part 2 — Ministers and their powers

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(iii)   

on all special roads other than special roads of such

description as may be specified in the regulations, or

(iv)   

as mentioned in sub-paragraph (i), (ii) or (iii) except for

such lengths of special road as may be specified in the

regulations;

5

(b)   

a speed limit that, by virtue of an order under section 88 made

by the Scottish Ministers, is to be observed on all roads, on all

roads of any class specified in the order or on all roads other

than roads of any class so specified.”

(7)   

After subsection (6) insert—

10

“(7)   

Regulations made by the Scottish Ministers under subsection (1)(a) are

subject to the negative procedure.

(8)   

Before making any regulations under subsection (1)(a) the Scottish

Ministers must consult with such representative organisations as they

think fit.”

15

(8)   

Section 88 (temporary speed limits with power to continue indefinitely) is

amended as follows.

(9)   

For “the Secretary of State” in each place substitute “the national authority”.

(10)   

In subsection (1)—

(a)   

for “he” substitute “the authority”;

20

(b)   

for “his” substitute “the”.

(11)   

In subsection (4) omit the words from “made by statutory instrument” to the

end.

(12)   

After subsection (7) insert—

“(7A)   

The national authority in this section—

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(a)   

in relation to roads in England and Wales, is the Secretary of

State;

(b)   

in relation to roads in Scotland, is the Scottish Ministers.”

(13)   

In subsection (8) after “subsection (1)(b)” insert “by the Secretary of State”.

(14)   

After subsection (8) insert—

30

“(9)   

The power of the Scottish Ministers to make an order under subsection

(1) is not to be exercisable by Scottish statutory instrument.

(10)   

The first order to be made under subsection (1)(b) by the Scottish

Ministers shall not be made until a draft of the order has been laid

before the Scottish Parliament and approved by it.

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(11)   

The power of the Secretary of State to make an order under subsection

(4) is exercisable by statutory instrument which shall be subject to

annulment in pursuance of a resolution of either House of Parliament.

(12)   

An order made by the Scottish Ministers under subsection (4) is subject

to the negative procedure.”

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