Delegation
Section 51 - Delegation of functions relating to marine licensing
78.Section 51 indicates that the Scottish Ministers may by order delegate any of their licensing functions listed in this section to a public authority or an unincorporated group of persons. Those functions specified in section 51(6) are excepted functions and cannot be delegated.
79.The Scottish Ministers may not continue to exercise any function which has been delegated unless the order explicitly permits them to do so. There is no minimum or maximum period for which the delegation can apply. Different functions can be delegated to different persons.
Section 52 - Orders under section 51: supplementary provisions
80.Section 52 enables further provision to be made in an order concerning the delegation of functions. Section 52(4) provides a list of the aspects of the licensing process that the Scottish Ministers may want to specifically regulate in the order. These include the manner in which the delegate is to exercise the function, the process for application to the delegate, matters to which the delegate must have regard when determining the applications and the form and content of any licence granted.
Section 53 - Directions to delegates as regards the performance of the marine licensing designated functions
81.Section 53 applies where any functions are exercised by a delegate by virtue of an order made by the Scottish Ministers under section 51. It enables the Scottish Ministers to give directions to a person to whom they have delegated functions, setting out how those functions should be performed. Section 53(4) requires the person to comply with any such directions, which must be published by Ministers in accordance with section 53(5).