PART 1HISTORIC ENVIRONMENT SCOTLAND

Functions in relation to collections and objects

I18Delegation of functions in relation to collections

1

The Scottish Ministers may, to such extent and subject to such conditions as they consider appropriate, delegate the exercise of any of their functions in relation to their collections to—

a

Historic Environment Scotland,

b

any prescribed person Ministers consider appropriate.

2

A function arising from an agreement may be delegated under subsection (1) despite any prohibition or restriction in the agreement on delegation of the function.

3

A delegation under subsection (1) may be made in relation to—

a

a particular collection, a group of collections or all collections,

b

a particular object in a collection or a group of objects.

4

Where a function delegated under subsection (1) relates to the making or receiving of charges of any kind, any revenue received as a result of the exercise of that function is revenue of the person to whom the function is delegated unless provision to the contrary is made in the delegation.

5

The delegation of a function under subsection (1) does not affect—

a

the ability of the Scottish Ministers to exercise the function,

b

their responsibility for that function.

6

Delegations under subsection (1)—

a

must be in writing,

b

may be varied or revoked at any time.

7

The Scottish Ministers must publish delegations under subsection (1).

8

In this section—

  • references to the Scottish Ministers' collections are to collections which are owned by, in the custody of, or otherwise under the management and control of the Scottish Ministers,

  • functions” includes functions—

    1. a

      conferred by or under this Act or any other enactment, or

    2. b

      arising from any agreement,

  • prescribed”, in relation to a person to whom the Scottish Ministers may delegate functions under subsection (1)(b), means prescribed by Ministers by order.