Section 76B(1) shall not apply in relation to a person who is a relevant Scottish authority or a cross-border authority.
The Secretary of State may by order impose on a cross-border authority to whom the duty under section 76A(1) applies, or in so far as that duty applies to the cross-border authority, a duty which the Secretary of State thinks will ensure better performance of the duty under section 76A(1), to the extent that the cross-border authority's functions are not Scottish functions.
The Scottish Ministers may by order impose on a relevant Scottish authority to whom the duty under section 76A(1) applies, or in so far as that duty applies to the relevant Scottish authority, a duty which the Scottish Ministers think will ensure better performance of the duty under section 76A(1).
The Scottish Ministers may by order impose on a cross-border authority to whom the duty under section 76A(1) applies, or in so far as that duty applies to the cross-border authority, a duty which the Scottish Ministers think will ensure better performance of the duty under section 76A(1), to the extent that the cross-border authority's functions are Scottish functions.
Before making an order under any of subsections (2) to (4) the person making the order shall consult the Commission.
Before making an order under subsection (2) the Secretary of State shall consult the Scottish Ministers.
Before making an order under subsection (4) the Scottish Ministers shall consult the Secretary of State.
A failure in respect of performance of a duty imposed under this section does not confer a cause of action at private law.
In this section—
“ relevant Scottish authority ” means—
(a) a member of the Scottish Executive or a junior Scottish Minister,
(b) the Registrar General of Births, Deaths and Marriages for Scotland, the Keeper of the Registers of Scotland or the Keeper of the Records of Scotland,
(c) an office of a description specified in an Order in Council under section 126(8)(b) of the Scotland Act 1998 (c. 46) (other non-ministerial offices in the Scottish Administration), or
(d) a public body, public office or holder of a public office—
“ cross-border authority ” means a cross-border public authority within the meaning given by section 88(5) of the Scotland Act 1998, and
“ Scottish functions ” means functions which are exercisable in or as regards Scotland and which do not relate to reserved matters (within the meaning of the Scotland Act 1998).