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The Utilities Contracts (Scotland) Regulations 2012
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- Scottish Statutory Instruments
- 2012 No. 89
- PART 8
- Regulation 39
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39.—(1) Any reference to the Minister in these Regulations is deemed to be a reference to the Minister responsible for that utility.
(2) The Minister responsible for a utility is in relation to Scotland the Scottish Ministers or the Minister of the Crown whose areas of responsibility are most closely connected with the functions of the utility.
(3) Any question as to which Minister of the Crown’s areas of responsibility are most closely connected with the functions of a utility is determined by the Cabinet Office whose determination is final.
(4) The requirement on a utility to send any report in accordance with regulation 7(7), 8(3)(b)(ii)(aa), 30(9) or 38 to the Minister is enforceable, on the application of the Minister responsible to the High Court, by mandatory order, or on the application of the Scottish Ministers to the Court of Session, by specific implement.
(5) The Minister to whom a report is sent in accordance with regulation 7(7), 8(3)(b)(ii)(aa), 30(9) or 38 must send the report to the Cabinet Office for onward transmission to the Commission.
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