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Council of the Law Society of Scotland Act 2003

Effect of delegation

18.Subsections (8) and (9) of the new section 3A clarify the effect of any delegation of functions under that section.

19.Subsection (8) provides that any of the functions delegated under that section should be exercised in the name of the Council. However, where the function in question is a function of the Society, it should be exercised in the name of the Society. This is intended to make it clear that, although the function is exercised by the person to whom it had been delegated, it is as if it was being exercised by the Council or, as the case may be, the Society.

20.This effect is underlined by subsection (9)(a), which makes it clear that, despite the delegation, the Council remains responsible for the exercise of the function and any liabilities which arise from its exercise.

21.Subsection (9)(b) and (c) also make it clear that any delegation:

  • does not prevent the Council from exercising the function which has been delegated; and

  • may be revoked at any time by the Council or, in the case of any sub-delegation by a committee or sub-committee, by that committee or sub-committee.

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