Schedule 4, Part 1, paragraph 2(2)

The Scottish Ministers are an “appropriate authority” for the purposes of paragraph 1— if the Scottish Ministers (whether acting jointly or alone) made the provision, as mentioned in paragraph 1(1), by virtue of which the public authority has the relevant function, if the relevant function is a function of the Scottish Ministers, the First Minister or the Lord Advocate, or if the provision by virtue of which the public authority has the relevant function, if it were included in an Act of the Scottish Parliament, would be within the legislative competence of that Parliament (ignoring section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law and retained EU law).

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Source: legislation.gov.uk · retrieved 2026-07-30