Delegation of functions
Section 9 - Delegation of Ministerial functions under section 7 of the Industrial Development Act 1982
15.This section inserts subsections (4A) to (4E) into section 7 of the Industrial Development Act 1982 (selective financial assistance for industry in assisted areas). Section 7 of that Act allows Scottish Ministers to award Regional Selective Assistance grants and relates to financial and other assistance to industry.
16.Subsection (4A) enables the Scottish Ministers to delegate their functions relating to provision of financial assistance to such persons as they may determine. Subsection (4B) provides that where the Scottish Ministers delegate under subsection (4A), they may also delegate to the same person their function of being satisfied that assistance cannot, or cannot appropriately, be given in any other way. Subsection (4C) provides that it is not possible for the delegate to use a pre-existing company which the delegate has not set up as a vehicle to invest in another company. The delegation may be to such extent and subject to such conditions as the Scottish Ministers think appropriate.
17.Subsection (4D) provides that if the Scottish Ministers delegate under subsection (4A) or (4B), the Scottish Ministers can still carry out the function themselves, that is, the power is to be shared between the delegate and the Scottish Ministers. Subsection (4E) provides that a delegation under subsection (4A) or (4B) can be varied or revoked at any time.
Section 10 - Delegation of Ministerial functions under section 5 of the Science and Technology Act 1965
18.This section inserts subsections (1A) to (1D) into section 5 of the Science and Technology Act 1965 (further powers of the Scottish Ministers). Section 5 of that Act enables the Scottish Ministers to make certain financial provision in relation to scientific research.
19.Subsection (1A) enables the Scottish Ministers to delegate their functions which are set out in section 5(1)(a) to (c) of the 1965 Act to such persons as they consider appropriate. Any expenses incurred by such persons in such activities can be paid out of the expenses defrayed by the Scottish Ministers out of monies provided by Parliament.
20.Subsection (1B) provides that where the power in paragraph (c) of subsection 1 is delegated, which relates to expenses incurred in specified payments to or in respect of any advisory body established for the purpose of assisting the Secretary of State or, in matters connected with scientific research, the Minister of Agriculture, Fisheries and Food, the paragraph is to be read with the words “Secretary of State” being replaced by reference to the delegate.
21.Subsection (1C) provides that if the Scottish Ministers delegate under subsection (1A), they can still carry out the function themselves. Subsection (1D) addresses the potential limitations on the exercise of a delegate’s functions at the ‘conferring end’. This means that should a body be delegated the power, any restriction on its functions which might otherwise prevent it from exercising the power will not prevent the delegated power being exercised.
Section 11 - Delegation of certain functions of Forestry Commissioners under Forestry Act 1967
22.This section inserts new sections 7B and 7C into the Forestry Act 1967. New section 7B provides that the Forestry Commissioners may delegate functions relating to the management of the forest estate in Scotland where land is let to a community body. New section 7C defines community bodies for this purpose.
Section 12 - Forestry Commissioners: joint ventures etc.
23.This section widens the application of section 7A of the Forestry Act 1967 to include Scotland. It also amends the Countryside (Scotland) Act 1967. This will allow the Forestry Commissioners to form or participate in bodies corporate, invest in bodies corporate, provide loans or establish charitable trusts for the purpose of exercising their functions in relation to land in Scotland.