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Cross-Border Public Authorities
24. A number of public bodies have functions that relate to devolved matters in Scotland as well as other functions. The Scotland Act 1998 includes provisions which allow appropriate arrangements to be made for the accountability and control of such bodies. They may be specified as "cross-border public authorities" in an order made under section 88 of that Act. This requires the Secretary of State to consult the Scottish Ministers before making appointments to the body, or exercising any other function in relation to it that otherwise affects devolved matters. It also has the effect that such bodies continue to be funded from existing sources rather than from the Scottish Consolidated Fund and that any reports relating to them that are to be laid at Westminster should also be laid before the Scottish Parliament.
25. Where appropriate, these arrangements may be modified, for example to enable certain functions to be exercised by the Scottish Ministers, or for funding to be payable out of the Scottish Consolidated Fund, through further orders made under section 89 of the Scotland Act 1998.
26. Annex 3 of the concordat contains a list of DfT's bodies specified under section 88 of the Scotland Act 1998.
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