
1 
This Order may be cited as the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 2000 and shall come into force on 20th April 2000 (“the commencement date”).
2 

(1) Section 2 of the British Library Act 1972, (constitution etc. of the British Library Board) shall be amended as follows.
(2) In subsection (1), at the end of paragraph (b), for the word “and” there shall be substituted—“
(bb) one part-time member appointed by the Secretary of State shall be a person who appears to him to have special knowledge of Scotland; and”.
(3) After subsection (2) there shall be inserted—“
(2A) Before making an appointment under subsection (1)(bb) above, the Secretary of State shall consult the Scottish Ministers.”.
3 

(1) In the Schedule to the Theatres Trust Act 1976 (appointment etc. of trustees of the Theatres Trust), after paragraph 1 there shall be inserted—“
1A 
Without prejudice to the application of paragraph 2 below, one of the trustees shall be a person who appears to the Secretary of State to have special knowledge of Scotland; but before appointing any person to be a trustee pursuant to this paragraph, the Secretary of State shall consult the Scottish Ministers.”.
(2) In paragraph 4 of that Schedule (which requires the Secretary of State, before appointing a trustee, to consult bodies representative of the interests concerned), for “the interests” there shall be substituted “such of the interests mentioned in paragraph 2 above as may be”.
4 

(1) In section 1 of the National Heritage Act 1980 (establishment of the National Heritage Memorial Fund and appointment of trustees), after subsection (3) there shall be inserted—“
(3A) The Prime Minister shall consult the Scottish Ministers before appointing—
(a) the chairman of the Trustees, and
(b) any person under this section on the ground that he is connected by residence or otherwise with Scotland.”.
(2) In Schedule 1 to that Act (the Trustees of the National Heritage Memorial Fund), in paragraph 3 (tenure of office of trustees), after sub-paragraph (4) there shall be inserted—“
(4A) The Prime Minister shall consult the Scottish Ministers before exercising any power of his under sub-paragraph (4)(d) above to terminate the appointment of a trustee in respect of whose appointment he was required by section 1(3A) of this Act to consult those Ministers.”.
5 
—Section 88(2)(a) of the Scotland Act 1998 (Minister of the Crown to consult the Scottish Ministers before appointing etc. cross-border public authority or any member or office-holder of it) shall not apply in relation to—
(a) the British Library Board,
(b) the Theatres Trust, and
(c) the Trustees of the National Heritage Memorial Fund.
6 

(1) Nothing in this Order shall affect the validity of any appointment made, or the termination of any appointment, before the commencement date.
(2) The amendments made by articles 2 and 3 shall first apply in relation to the appointment of a successor to such person holding office on the commencement date as a member of the British Library Board or as a trustee of the Theatres Trust as may be designated for the purpose by the Secretary of State.
(3) In any case where the Prime Minister proposes to terminate an appointment to which this paragraph applies he shall, before doing so, consult the Scottish Ministers.
(4) Paragraph (3) applies to any appointment made under section 1 of the National Heritage Act 1980 in respect of which, if it had been made after the commencement date, the Prime Minister would have been required to consult the Scottish Ministers.
A. K. Galloway
Clerk of the Privy Council
