Enterprise and New Towns (Scotland) Act 1990

Delegation and Assistance

19Delegation of certain functions and powers

(1)Subject to subsection (2) below and to section 3 of this Act, and without prejudice to section 8(1)(k) thereof, Scottish Enterprise and Highlands and Islands Enterprise may each arrange for the discharge of any of its functions by another person on such terms as may be agreed between it and that person; and with the function so delegated it may delegate to the person such of its powers as are requisite for discharging the function and may (under section 8(1) of this Act) transfer to the person such of its property as it considers appropriate on such terms as may be so agreed.

(2)The following shall not be delegated under subsection (1) above—

(a)the functions of Scottish Enterprise, and of Highlands and Islands Enterprise, mentioned in section 2(2) of this Act;

(b)the functions of Highlands and Islands Enterprise mentioned in paragraphs (a), (b) and (f) of section 5(1) of this Act;

(c)any power to acquire land compulsorily or by virtue of section 8(11) of this Act;

(d)any power to authorise entry to land; or

(e)any power to require or obtain information.

(3)Any arrangement made by Scottish Enterprise or Highlands and Islands Enterprise under subsection (1) above shall not prevent the body in question from itself exercising the delegated function or any power delegated with the function.

20Assistance from local authorities and development corporations in carrying out certain functions

(1)Any local authority may, within their area, act as agent for Scottish Enterprise or Highlands and Islands Enterprise or for any relevant person, and any development corporation of a new town may so act whether within or, with the consent of the Secretary of State, outwith the designated area of the new town, to carry out any of the functions—

(a)of Scottish Enterprise mentioned in paragraphs (d) to (h) of section 4(1) of this Act; or

(b)of Highlands and Islands Enterprise mentioned in paragraphs (c) to (e) of section 5(1) of this Act.

(2)For the purposes of assisting Scottish Enterprise, Highlands and Islands Enterprise or any relevant person to carry out any of the functions referred to in paragraph (a) or (b) of subsection (1) above, a local authority or development corporation, on being requested by the body or person in question, may place at its or his disposal the services of officers or servants of the authority or corporation on such terms as may be agreed with that body or person.

(3)The references in subsections (1) and (2) above to any relevant person are to a person to whom any of the functions to be carried out has been delegated under section 19(1) of this Act.