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LAWS08123 Public Law of UK and Scotland Summary Notes Week 7 Lecture
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LAWS08123 Public Law of UK and Scotland Summary Notes Week 7 Lecture
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Week 7 LectureThe Scottish Government II
The functions of the Scottish government
It is a devolved government; its functions are contained within the devolution settlement.
The relationship between the Scottish and the UK government is important
There I a need for a legal base to exercise the powers of the Scottish Government. They are
framed by the devolution settlement, see section 52 of the Scotland Act 1998
Some specific functions are conferred on the specific persons.
The other functions are conferred collectively, meaning everyone can exercise them. This is
especially important because the system is laid out for coalition governments.
There is also the idea of collective responsibility, as laid down in section 52(4). This means that
the government is collectively responsible for its actions, which again is extremely important for
coalition governments.
The devolved functions are fully devolved to the Scottish parliament; this is different to the
power of Westminster. Westminster can legislate, but not govern in devolved matters. There are
some exceptions laid down in the Scotland Act 1998.
Some of the functions of government have their legal grounds in statutes. Because devolution is
something pretty new most functions have their legal ground on the devolution ministers.
There can be a transfer of general functions by Westminster, Section 53 sets out that the general
transfer of ministerial powers still has its basis in an UK, rather than a Scottish statute.
The Scottish Government is now accountable to the Scottish Parliament.
There is the idea that the functions of the Scottish Government have additional functions where
the UK parliament has retained their power. It is said that to use them they need the approval of
both parliaments.
The Scottish parliament cannot change those specific powers and the parliament can still make
the Scottish government accountable.
Additional functions were transferred in the Scotland Act 2012 (not yet in force), specifically see
sections 16 and 32. It gives the parliament new executive powers.
There are always some exceptions where the UK parliament or government is still allowed to
interfere. For example financial powers for funding of research, see section 56.
The civil service supports the government. The civil service is a reserved matter. He general rules
and norms apply. The appointment and many of the managing functions are delegated to the
Scottish government.
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