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Public Services Reform (Scotland) Act 2010

Section 38 – Advisory and other functions

64.Subsections (1) and (4) require Creative Scotland to provide the Scottish Ministers with any advice, information and assistance they require (and in the manner they require it) in relation to the arts and culture, the creative industries or Creative Scotland’s functions. Subsection (2) also allows Creative Scotland to provide such other advice and information as it considers appropriate.

65.Subsection (3) allows Creative Scotland to provide other persons with advice, information and assistance in relation to the arts and culture or the creative industries. For example, assistance could be given to persons involved in artistic or other creative endeavours by way of training or through the temporary secondment of an employee of Creative Scotland. Subsection (5) has effect that the forms of assistance provided by Creative Scotland under section 38 do not include financial assistance, which is to be provided through the mechanism of section 39(4). Subsection (6) defines “persons” to include groups of persons so that informal associations or groups can also be provided with advice, information and assistance.

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