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Scottish Fiscal Commission Act 2016


Section 23 - Regulation of procedure

41.Section 23 provides that the Commission may regulate its own procedures including the minimum number of members that need to agree decisions.

Section 24 - Validity of things done

42.Section 24 stipulates that a vacancy in the membership of the Commission, or a flaw in an appointment or disqualification of a member after appointment, does not make any work carried out by the Commission invalid.

Section 25 - Committees

43.Section 25 enables the Commission to create committees and co-opt members on to them. A committee members may be an individual who is not a member of the Commission. However, there must be at least one Commission member on any committee. The Commission, with the approval of Ministers, can remunerate and provide allowances for members of such a committee.

Section 26 - Authority to perform functions

44.Section 26 provides that the Commission may authorise any of its members, any member of its staff or any other person to perform its functions to whatever extent the Commission decides. This enables the Commission to delegate functions to individual members, committees, members of staff, or to third parties (for example in order to provide specialist statistical or other professional expertise). However, the Commission itself remains ultimately responsible for the performance of its statutory functions.

Section 27 - General powers

45.Section 27 provides a wide general power for the Commission to do anything necessary to enable it to perform its duties and fulfil its remit. In addition to the usual activities necessary to function as a public body, this could include, for example, the Commission preparing and publishing technical working papers related to its statutory functions.

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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