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18 | Scottish Crown Estate Commissioner |
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(1) | In Schedule 1 to the Crown Estate Act 1961 (constitution etc of Crown Estate |
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Commissioners), paragraph 1 is amended as follows. |
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(2) | After sub-paragraph (3) insert— |
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“(3A) | One of the Commissioners shall be appointed as the Scottish Crown |
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Estate Commissioner, who must be a person who knows about |
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conditions in Scotland as they relate to the functions of the |
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(3) | After sub-paragraph (4) insert— |
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“(4A) | The Scottish Crown Estate Commissioner shall be appointed on the |
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recommendation of the Chancellor of the Exchequer, who shall |
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consult the Scottish Ministers before making that recommendation.” |
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(1) | The Misuse of Drugs Act 1971 is amended as follows. |
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(2) | In section 10 (power to make regulations for preventing misuse of controlled |
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(a) | in subsection (2)(i) for “Secretary of State” substitute “appropriate |
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(b) | after subsection (2) insert— |
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“(3) | Regulations made in pursuance of subsection (2)(i) must secure |
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that under any licence a doctor may— |
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(a) | administer, supply or prescribe a controlled drug, or |
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(b) | authorise the administration or supply of a controlled |
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| only while at an address specified in the licence. |
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(4) | The appropriate authority for the purposes of subsection (2)(i) |
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(a) | where the specified address for the purposes of |
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subsection (3) is in Scotland, the Scottish Ministers; |
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(b) | otherwise, the Secretary of State.” |
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(3) | In section 13 (directions where regulations or licence contravened) after |
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“(1A) | In relation to regulations made in pursuance of section 10(2)(i) or to a |
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licence under those regulations, the reference in subsection (1) to the |
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Secretary of State is to be read as a reference to the appropriate |
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(1B) | The appropriate authority for the purposes of subsection (1A) is— |
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(a) | in relation to a contravention taking place in Scotland, the |
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(b) | otherwise, the Secretary of State.” |
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(4) | In section 14 (investigation where grounds for direction under section 13 are |
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considered to exist) after subsection (1) insert— |
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“(1A) | In relation to section 13(1), references in this section to the Secretary of |
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State are to be read in accordance with section 13(1A).” |
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(5) | In section 16 (provisions supplementary to sections 14 and 15) after subsection |
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“(1A) | Where in accordance with section 14(1A) a case is referred to a tribunal |
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or advisory body by the Scottish Ministers— |
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(a) | references in this section and Schedule 3 to the Secretary of State |
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are to be read as references to the Scottish Ministers, and |
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(b) | references in that Schedule to the approval of the Treasury do |
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(6) | In section 30 (licences and authorities)— |
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(a) | at the beginning insert “(1)”; |
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“(2) | Subsection (1) applies to a licence issued by the Scottish |
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Ministers under regulations made in pursuance of section |
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10(2)(i) as if references in that subsection to the Secretary of |
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State were references to the Scottish Ministers.” |
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(7) | In paragraph 4 of Schedule 3 (tribunal rules) at the end add— |
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“(4) | Where the Scottish Ministers have power to make rules under this |
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paragraph (by virtue of section 16(1A) or otherwise)— |
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(a) | sub-paragraph (3) does not apply, and |
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(b) | the rules are subject to the negative procedure.” |
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20 | Power to prescribe drink-driving limits |
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(1) | The Road Traffic Act 1988 is amended as follows. |
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(2) | Section 8 (choice of specimens of breath) is amended as follows. |
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(3) | In subsection (3), for “The Secretary of State may by regulations” substitute |
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(4) | After subsection (3) insert— |
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“(4) | Regulations under subsection (3) may be made— |
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(a) | by the Secretary of State, in relation to cases where the |
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suspected offence is an offence committed in England and |
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(b) | by the Scottish Ministers, in relation to cases where the |
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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. |
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(6) | In the definition of “the prescribed limit” in subsection (2), omit “made by the |
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(7) | After subsection (2) insert— |
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“(2ZA) | Regulations under subsection (2) may be made— |
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(a) | by the Secretary of State, in relation to driving or attempting to |
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drive, or being in charge of a vehicle, in England and Wales; |
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(b) | by the Scottish Ministers, in relation to driving or attempting to |
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drive, or being in charge of a vehicle, in Scotland.” |
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(8) | Section 195 (provisions as to regulations) is amended as follows. |
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(9) | After subsection (2) insert— |
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“(2A) | Before making any regulations under this Act the Scottish Ministers |
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must consult with such representative organisations as they think fit.” |
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(10) | After subsection (4) insert— |
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“(4A) | Regulations made by the Scottish Ministers under section 8(3) or 11(2) |
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are subject to the affirmative procedure.” |
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(1) | The Road Traffic Regulation Act 1984 is amended as follows. |
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(2) | Section 17 (traffic regulation on special roads) is amended as follows. |
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(3) | In subsection (2) for “The Secretary of State may make regulations” substitute |
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“Regulations may make provision”. |
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(4) | After subsection (3) insert— |
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“(3ZA) | The power to make provision of the following kinds by regulations |
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under subsection (2) is exercisable by the Scottish Ministers— |
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(a) | provision with respect to a particular special road in Scotland; |
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(b) | provision for regulating the speed of vehicles on special roads |
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(3ZB) | The power to make provision of any other kind by regulations under |
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subsection (2) is exercisable by the Secretary of State. |
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(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.” |
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(5) | Section 64 (general provision as to traffic signs) is amended as follows. |
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(6) | After subsection (2) insert— |
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“(2A) | The functions under this section that are exercisable by the Scottish |
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Ministers instead of the Secretary of State include the function of |
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making regulations under subsection (1)(a) specifying signs for a |
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Scottish national speed limit. |
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(2B) | The function of making such regulations is exercisable only with the |
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agreement of the Secretary of State. |
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(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) |
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made by the Scottish Ministers, is to be observed— |
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(i) | on all special roads, |
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(ii) | on all special roads provided for the use of particular |
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(iii) | on all special roads other than special roads of such |
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description as may be specified in the regulations, or |
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(iv) | as mentioned in sub-paragraph (i), (ii) or (iii) except for |
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such lengths of special road as may be specified in the |
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(b) | a speed limit that, by virtue of an order under section 88 made |
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by the Scottish Ministers, is to be observed on all roads, on all |
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roads of any class specified in the order or on all roads other |
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than roads of any class so specified.” |
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(7) | After subsection (6) insert— |
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“(7) | Regulations made by the Scottish Ministers under subsection (1)(a) are |
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subject to the negative procedure. |
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(8) | Before making any regulations under subsection (1)(a) the Scottish |
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Ministers must consult with such representative organisations as they |
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(8) | Section 88 (temporary speed limits with power to continue indefinitely) is |
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(9) | For “the Secretary of State” in each place substitute “the national authority”. |
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(a) | for “he” substitute “the authority”; |
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(b) | for “his” substitute “the”. |
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(11) | In subsection (4) omit the words from “made by statutory instrument” to the |
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(12) | After subsection (7) insert— |
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“(7A) | The national authority in this section— |
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(a) | in relation to roads in England and Wales, is the Secretary of |
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(b) | in relation to roads in Scotland, is the Scottish Ministers.” |
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(13) | In subsection (8) after “subsection (1)(b)” insert “by the Secretary of State”. |
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(14) | After subsection (8) insert— |
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“(9) | The power of the Scottish Ministers to make an order under subsection |
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(1) is not to be exercisable by Scottish statutory instrument. |
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(10) | The first order to be made under subsection (1)(b) by the Scottish |
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Ministers shall not be made until a draft of the order has been laid |
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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 |
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(4) is exercisable by statutory instrument which shall be subject to |
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annulment in pursuance of a resolution of either House of Parliament. |
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(12) | An order made by the Scottish Ministers under subsection (4) is subject |
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to the negative procedure.” |
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