Part II
- (a) the provision of pensions, allowances or gratuities by virtue of
section 1 of the 1972 c. 11.Superannuation Act 1972 to or in respect of persons who are or have been in such service as is mentioned in subsection (2), and
- (b) any expenses to be incurred in administering those pensions, allowances or gratuities.
(8) Amounts required for payments under subsection (7) shall be charged on the Scottish Consolidated Fund.
(9) In this section―
- “Civil Service management function” means any function to which section 1 of the 1992 c. 61.Civil Service (Management Functions) Act 1992 applies and which is vested in the Minister for the Civil Service,
- “the Home Civil Service" means Her Majesty’s Home Civil Service.
Ministerial functions
Exercise of functions. 52.—(1) Statutory functions may be conferred on the Scottish Ministers by that name.
(2) Statutory functions of the Scottish Ministers, the First Minister or the Lord Advocate shall be exercisable on behalf of Her Majesty.
(3) Statutory functions of the Scottish Ministers shall be exercisable by any member of the Scottish Executive.
(4) Any act or omission of, or in relation to, any member of the Scottish Executive shall be treated as an act or omission of, or in relation to, each of them; and any property acquired, or liability incurred, by any member of the Scottish Executive shall be treated accordingly.
(5) Subsection (4) does not apply in relation to the exercise of—
- (a) functions conferred on the First Minister alone, or
- (b) retained functions of the Lord Advocate.
(6) In this Act, “retained functions” in relation to the Lord Advocate means—
- (a) any functions exercisable by him immediately before he ceases to be a Minister of the Crown, and
- (b) other statutory functions conferred on him alone after he ceases to be a Minister of the Crown.
(7) In this section, “statutory functions” means functions conferred by virtue of any enactment.
General transfer of functions. 53.—(1) The functions mentioned in subsection (2) shall, so far as they are exercisable within devolved competence, be exercisable by the Scottish Ministers instead of by a Minister of the Crown.
(2) Those functions are―
- (a) those of Her Majesty’s prerogative and other executive functions which are exercisable on behalf of Her Majesty by a Minister of the Crown,
- (b) other functions conferred on a Minister of the Crown by a prerogative instrument, and
