Part V
(2) An arrangement under this section does not affect a person’s responsibility for the exercise of his functions.
(3) In this section—
- “functions” does not include a function of making, confirming or approving subordinate legislation,
- “Minister of the Crown” includes government department,
- “specified” means specified in an Order in Council made by Her Majesty under this subsection;
and this section applies to the Lord Advocate as it applies to the Scottish Ministers.
Private legislation. 94.—(1) This section applies where a pre-commencement enactment makes provision which has the effect of—
- (a) requiring any order to be confirmed by Act of Parliament, or
- (b) requiring any order (within the meaning of the 1945 c. 18.Statutory Orders (Special Procedure) Act 1945) to be subject to special parliamentary procedure,
and power to make, confirm or approve the order in question is exercisable by the Scottish Ministers by virtue of section 53.
(2) The provision shall have effect, so far as it relates to the exercise of the power to make, confirm or approve the order by virtue of section 53, as if it required the order—
- (a) to be confirmed by an Act of the Scottish Parliament, or
- (b) (as the case may be) to be subject to such special procedure as may be provided by or under such an Act.
Appointment and removal of judges. 95.(1) It shall continue to be for the Prime Minister to recommend to Her Majesty the appointment of a person as Lord President of the Court of Session or Lord Justice Clerk.
(2) The Prime Minister shall not recommend to Her Majesty the appointment of any person who has not been nominated by the First Minister for such appointment.
(3) Before nominating persons for such appointment the First Minister shall consult the Lord President and the Lord Justice Clerk (unless, in either case, the office is vacant).
(4) It is for the First Minister, after consulting the Lord President, to recommend to Her Majesty the appointment of a person as—
- (a) a judge of the Court of Session (other than the Lord President or the Lord Justice Clerk), or
- (b) a sheriff principal or a sheriff.
(5) The First Minister shall comply with any requirement in relation to—
- (a) a nomination under subsection (2), or
- (b) a recommendation under subsection (4),
imposed by virtue of any enactment.
