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Scotland Act 1998
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- 1998 c. 46
- Part II
- Ministers and their staff
- Section 51
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- Act modified by S.I. 2012/700 art. 3(1)
- Act words substituted by 2012 c. 11 s. 12(2)(a)
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 4
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 4A inserted by 2012 c. 11 s. 23(2)
- Pt. 4A Ch. 2 inserted by 2012 c. 11 s. 25(3)
- Pt. 4A Ch. 3 inserted by 2012 c. 11 s. 28
- Pt. 4A Ch. 4 inserted by 2012 c. 11 s. 30(1)
- s. 12A inserted by 2012 c. 11 s. 1(9)
- s. 67A inserted by 2012 c. 11 s. 32(10)
- s. 90A and cross-heading inserted by 2012 c. 11 s. 16
- Sch. 1 para. 12 rule 1(2) omitted by 2012 c. 11 Sch. 1 para. 10(3)
- Sch. 1 para. 12 rule 2(8) words omitted by 2012 c. 11 Sch. 1 para. 6(3)
- Sch. 1 para. 12 rule 1(1) words substituted by 2012 c. 11 Sch. 1 para. 10(2)
51 The Civil Service.E+W+S+N.I.
(1)The Scottish Ministers may appoint persons to be members of the staff of the Scottish Administration.
(2)Service as—
(a)the holder of any office in the Scottish Administration which is not a ministerial office, or
(b)a member of the staff of the Scottish Administration,
shall be service in the [F1civil service of the State].
[F2(3)See Part 1 of the Constitutional Reform and Governance Act 2010 (in particular, sections 3 and 4) for provision affecting—
(a)subsection (1), and
(b)any other enactment about the appointment of persons mentioned in subsection (2).]
[F3(4)See also section 1 of the Civil Service (Management Functions) Act 1992 under which functions conferred on the Minister for the Civil Service by section 3 of the Constitutional Reform and Governance Act 2010 may be delegated to the Scottish Ministers etc.]
(5)Any salary or allowances payable to or in respect of the persons mentioned in subsection (2) (including contributions to any pension scheme) shall be payable out of the Scottish Consolidated Fund.
(6)Section 1(2) and (3) of the M1Superannuation Act 1972 (delegation of functions relating to civil service superannuation schemes etc.) shall have effect as if references to a Minister of the Crown (other than the Minister for the Civil Service) included the Scottish Ministers.
(7)The Scottish Ministers shall make payments to the Minister for the Civil Service, at such times as he may determine, of such amounts as he may determine in respect of—
(a)the provision of pensions, allowances or gratuities by virtue of section 1 of the M2Superannuation Act 1972 to or in respect of persons who are or have been in such service as is mentioned in subsection (2), and
(b)any expenses to be incurred in administering those pensions, allowances or gratuities.
(8)Amounts required for payments under subsection (7) shall be charged on the Scottish Consolidated Fund.
(9)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
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Amendments (Textual)
F1Words in s. 51(2) substituted (11.11.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 19, 52(2), Sch. 2 para. 9(2); S.I. 2010/2703, art. 2(a)
F2S. 51(3) substituted (11.11.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 19, 52(2), Sch. 2 para. 9(3); S.I. 2010/2703, art. 2(a)
F3S. 51(4) substituted (11.11.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 19, 52(2), Sch. 2 para. 9(4); S.I. 2010/2703, art. 2(a)
F4S. 51(9) omitted (11.11.2010) by virtue of Constitutional Reform and Governance Act 2010 (c. 25), ss. 19, 52(2), Sch. 2 para. 9(5); S.I. 2010/2703, art. 2(a)
Modifications etc. (not altering text)
C1S. 51(2) excluded (15.2.2006) by The Charities and Trustee Investment (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/242), arts. 1(2), 2(2)
C2S. 51(5) modified (1.7.1999) (temp. until 1.4.2000) by S.I. 1999/441, arts. 1(5), 22(1)(5)
Commencement Information
I1S. 51 wholly in force at 6.5.1999; s. 51 not in force at Royal Assent see s. 130; s. 51(4)(7) in force for certain purposes at 25.1.1999 by S.I. 1998/3178, art. 2(2), Sch. 1, s. 51 in force at 6.5.1999 in so far as not already in force by S.I. 1998/3178, art. 2(2), Sch. 3
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