Subsection (1) provides that arrangements may be made between the Scottish Ministers and a Minister of the Crown for the agent to exercise certain functions on behalf of the principal.
Subsection (2) provides that such an arrangement does not affect a person’s responsibility for the exercise of his functions.
Subsection (3) provides that the functions concerned are those specified in an Order in Council made under this sub-section, and do not include functions of making, confirming or approving subordinate legislation. It also provides that “Minister of the Crown” includes government department, and that the section applies to the Lord Advocate as it applies to the Scottish Ministers.
This power has been exercised up to September 2001 in making:
The Scotland Act 1998 (Agency Arrangements)(Specification) Order 1999 (S.I. 1999/1512);
The Scotland Act 1998 (Agency Arrangements)(Specification) (No. 2) Order 1999 (S.I. 1999/3320);
The Scotland Act 1998 (Agency Arrangements)(Specification) Order 2000 (S.I. 2000/745);
The Scotland Act 1998 (Agency Arrangements) (Specification) (No.2) Order 2000 (S.I. 2000/3250).