Part II
Junior Scottish Ministers. 49.—(1) The First Minister may, with the approval of Her Majesty, appoint persons from among the members of the Parliament to assist the Scottish Ministers in the exercise of their functions.
(2) They shall be known as junior Scottish Ministers.
(3) The First Minister shall not seek Her Majesty’s approval for any appointment under this section without the agreement of the Parliament.
(4) A junior Scottish Minister—
- (a) shall hold office at Her Majesty’s pleasure,
- (b) may be removed from office by the First Minister,
- (c) may at any time resign and shall do so if the Parliament resolves that the Scottish Executive no longer enjoys the confidence of the Parliament,
- (d) if he resigns, shall cease to hold office immediately, and
- (e) shall cease to hold office if he ceases to be a member of the Parliament otherwise than by virtue of a dissolution.
Validity of acts of Scottish Ministers etc. 50. The validity of any act of a member of the Scottish Executive or junior Scottish Minister is not affected by any defect in his nomination by the Parliament or (as the case may be) in the Parliament’s agreement to his appointment.
The Civil Service. 51.—(1) The Scottish Ministers may appoint persons to be members of the staff of the Scottish Administration.
(2) Service as―
- (a) the holder of any office in the Scottish Administration which is not a ministerial office, or
- (b) a member of the staff of the Scottish Administration,
shall be service in the Home Civil Service.
(3) Subsection (1) and the other enactments conferring power to appoint such persons shall have effect subject to any provision made in relation to the Home Civil Service by or under any Order in Council.
(4) Any Civil Service management function shall be exercisable by the Minister for the Civil Service in relation to the persons mentioned in subsection (2) as it is exercisable in relation to other members of the Home Civil Service; and, accordingly, section 1 of the 1992 c. 61.Civil Service (Management Functions) Act 1992 (delegation of functions by Ministers) shall apply to any such function as extended by this section.
(5) Any salary or allowances payable to or in respect of the persons mentioned in subsection (2) (including contributions to any pension scheme) shall be payable out of the Scottish Consolidated Fund.
(6) Section 1(2) and (3) of the 1972 c. 11.Superannuation Act 1972 (delegation of functions relating to civil service superannuation schemes etc.) shall have effect as if references to a Minister of the Crown (other than the Minister for the Civil Service) included the Scottish Ministers.
(7) The Scottish Ministers shall make payments to the Minister for the Civil Service, at such times as he may determine, of such amounts as he may determine in respect of—
