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Scotland Act 1998

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This is the original version (as it was originally enacted).

52Exercise of functions

(1)Statutory functions may be conferred on the Scottish Ministers by that name.

(2)Statutory functions of the Scottish Ministers, the First Minister or the Lord Advocate shall be exercisable on behalf of Her Majesty.

(3)Statutory functions of the Scottish Ministers shall be exercisable by any member of the Scottish Executive.

(4)Any act or omission of, or in relation to, any member of the Scottish Executive shall be treated as an act or omission of, or in relation to, each of them; and any property acquired, or liability incurred, by any member of the Scottish Executive shall be treated accordingly.

(5)Subsection (4) does not apply in relation to the exercise of—

(a)functions conferred on the First Minister alone, or

(b)retained functions of the Lord Advocate.

(6)In this Act, “retained functions” in relation to the Lord Advocate means—

(a)any functions exercisable by him immediately before he ceases to be a Minister of the Crown, and

(b)other statutory functions conferred on him alone after he ceases to be a Minister of the Crown.

(7)In this section, “statutory functions” means functions conferred by virtue of any enactment.

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