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Section 108: Agreed redistribution of functions exercisable by the Scottish Ministers etc.

Scotland Act 1998 · 1998 c. 46View on legislation.gov.uk

Part V: Miscellaneous and general

Her Majesty may by Order in Council provide for any functions exercisable by a member of the Scottish Government to be exercisable—

by a Minister of the Crown instead of by the member of the Scottish Government,
by a Minister of the Crown concurrently with the member of the Scottish Government, or
by the member of the Scottish Government only with the agreement of, or after consultation with, a Minister of the Crown.

Where an Order is made under subsection (1)(a) or (b) in relation to a function of the Scottish Ministers, the First Minister or the Lord Advocate which is exercisable only with the agreement of, or after consultation with, any other of those persons, the function shall, unless the Order provides otherwise, be exercisable by the Minister of the Crown free from any such requirement.

An Order under this section may, in particular, provide for any function exercisable by a Minister of the Crown by virtue of an Order under subsection (1)(a) or (b) to be exercisable subject to a requirement for the function to be exercised with the agreement of, or after consultation with, another person.

This section does not apply to any retained functions of the Lord Advocate which fall within section 52(6)(a).

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.