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South of Scotland Enterprise Act 2019

Operational matters

Section 14 (Validity of things done)

35.South of Scotland Enterprise consists of its members and chief executive (see section 2). If, for any length of time, there were to be a problem with its membership (for example if it were to have fewer properly appointed members than section 2 requires), there may be doubts about the legal validity of anything done by South of Scotland Enterprise during that time when it was not properly constituted. Similar concerns may arise in relation to the acts of South of Scotland Enterprise’s committees or sub-committees; the rules about the membership of those bodies will be set by South of Scotland Enterprise itself by virtue of section 10.

36.Section 14 forecloses any doubt there may otherwise have been about the legal validity of things done by South of Scotland Enterprise or any of its committees or sub-committees as a result of:

  • there being too few members or no chief executive,

  • a problem with the way a member or the chief executive was appointed, or

  • someone appointed as a member coming to be disqualified from membership (as to which see paragraph 4 of schedule 1).

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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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