Commentary on provisions of Act Schedule 6: Financial Assistance: powers of devolved authorities
Section 35 provides the Secretary of State with a power, through regulations, to give financial assistance, or to arrange for such assistance to be given, to any person for certain purposes. Paragraphs 1 to 3 of this Schedule provide equivalent powers for the Devolved Administrations.
	Paragraph 1(2) in particular provides that financial assistance is given in accordance with a scheme established by regulations made the Scottish Ministers and paragraph 1(3) provides that such a scheme may only provide for financial assistance in relation to Scotland or the Scottish zone, or in relation to Scottish fishing boats. The function of making such a scheme by regulations in those respects is a function which is in or as regards Scotland in terms of the legislative competence tests set out in section 29(2) of the Scotland Act 1998 (provisions outside of the competence of the Scottish Parliament). The giving of financial assistance specifically in relation to Scotland or the Scottish zone, or in relation to Scottish fishing boats defines the scope of the function. This is consistent with the legislative competence of the Scottish Parliament.
	Paragraph 4 repeals powers for the Fisheries Administrations to provide financial assistance in the Fisheries Act 1981. This paragraph also makes amendments to that Act and other legislation consequential to section 35 and this Schedule.
	Paragraph 5 makes transitional provision so that existing financial assistance schemes can be treated as though they were made under the financial assistance provisions in the Act. This means that the relevant Fisheries Administrations can continue to provide financial assistance agreed under the terms of those existing schemes.