39 Tribunals

39 Ìý°Õ°ù¾±²ú³Ü²Ô²¹±ô²õ

(1)     In Part 3 of Schedule 5 to the Scotland Act 1998 (reserved matters: general provisions) after paragraph 2 insert—

“T°ù¾±²ú³Ü²Ô²¹±ô²õ

2A

(1)     This Schedule does not reserve the transfer to a Scottish tribunal of functions of a tribunal that relate to reserved matters, so far as those functions are exercisable in relation to Scottish cases.

(2)     “Scottish cases†has the meaning given by an Order in Council made by Her Majesty under this sub-paragraph.

(3)     Sub-paragraph (1) does not apply where a function is excluded from transfer.

(4)     Where a function is not excluded from transfer but is subject to qualified transfer, sub-paragraph (1) applies only if the transfer of the function is in accordance with provision made by Her Majesty by Order in Council.

(5)     An Order in Council under sub-paragraph (4)—

(a)     must specify the function to which it relates,

(b)     must specify the Scottish tribunal to which the function may be transferred, and

(c)     may make any other provision which Her Majesty considers necessary

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