173.As explained in the note on section 18, the amendments in Schedules 3 and 5 are to Acts passed before the devolution Acts came into force. Thus, although many powers in relation to food, the environment, and agriculture have been devolved to the Scottish Administration, the amendments still refer to the Secretary of State and Minister of Agriculture, Fisheries and Food alone and not to Scottish Ministers. However, where the relevant functions have in fact been devolved, the references to the Secretary of State are intended to take effect in relation to Scotland as if they were references to Scottish Ministers. In general this will be the automatic result of the Scotland Act, but the powers under that Act will be available to make any further changes as necessary.
Schedule 3: The Agency’s functions under other enactments