Secretary for Scotland Act 1885
| Jurisdiction | UK Non-devolved |
| Citation | 1885 c. 61 |
Secretary for Scotland Act, 1885
(48 & 49 Vict.) CHAPTER 61.
An Act for appointing a Secretary for Scotland and Vice-President of the Scotch Education Department.
[14th August 1885]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Short title.
1. This Act maybe cited as theSecretary for Scotland Act, 1885.
2 Appointment of a Secretary for Scotland.
2. It shall be lawful for Her Majesty to appoint a Secretary for Scotland (herein-after called the Secretary), who shall hold office during Her Majesty's pleasure.
There shall be paid to the Secretary, out of moneys to be provided by Parliament, a salary of two thousand pounds a year.
The Secretary may appoint such permanent secretaries, inspectors, clerks, and other officers as he may with the sanction of the Treasury determine.
The salaries of such secretaries and other officers of the Secretary's office shall be fixed with the consent of the Treasury, and shall, together with such other expenses of the said office as may from time to time be sanctioned by the Treasury, be paid out of moneys provided by Parliament.
3 Secretary may sit in Parliament.
3. The Secretary, if not a member of the House of Lords, shall, if otherwise qualified, be capable of being elected to and of voting in the Commons House of Parliament, and the office of Secretary shall be deemed to be an office included in Schedule H. of the Representation of the People Act, 1867; in Schedule H. of the Representation of the People (Scotland) Act, 1868; in Schedule E. of the Representation of the People (Ireland) Act, 1868; and in Part First of the schedule of the Promissory Oaths Act, 1868, as regards England.
4 Seal, style, and acts of Secretary.
4. The Secretary may adopt an official seal, and describe himself generally by the style and title of ‘The Secretary for Scotland.’
A rule, order, or regulation made by the Secretary shall be valid if it is made under the seal of the Secretary and signed by him or by any secretary or other officer appointed by him for that purpose, and the production of a copy of such rule, order, or regulation, purporting to be certified to be true by any secretary or other officer appointed by him for that purpose, shall, unless the contrary is shown, be a sufficient proof that any such rule, order, or regulation of the Secretary was duly made.
5 Transfer of powers of—Secretary of State:
(1)5.—(1.) All powers and duties vested in or imposed on one of Her Majesty's Principal Secretaries of State by the enactments specified in Part I. of the Schedule to this Act, and all powers and duties vested in or imposed on one of Her Majesty's Principal Secretaries of State in relation to the Universities of Scotland;
(2)Privy Council. (2.) All powers and duties vested in or imposed on the Privy Council by the enactments specified in Part II. of the said Schedule;
(3)Local Government Board and Treasury. (3.) All powers and duties vested in or imposed on the Commissioners of Her Majesty's Treasury by the enactments specified in Part III. of the said Schedule, or the Local Government Board for England by the enactments specified in Part IV. of the said schedule, so far as such duties and powers relate to Scotland shall, on and after the appointment of the Secretary, be transferred to, vested in, and imposed on the Secretary.
Any report, act, or thing required or authorized by the said enactments, or any of them, to be made or done to the said Secretary of State, or Privy Council or any committee thereof, or the Commissioners of Her Majesty's Treasury, or the Local Government Board for England, and any report required to be made to Her Majesty by virtue of any of the said enactments, shall, so far as such enactments apply to Scotland, from and after the appointment of the said Secretary be made to or be done by or to the Secretary.
6 Secretary to be Vice-President of Scotch Education Department.
6. It shall be lawful for Her Majesty from time to time, by warrant under the Royal Sign Manual, to appoint the Secretary for Scotland to be Vice-President of the Scotch Education Department; and the Scotch Education Department shall mean the Lords of any Committee of the Privy Council appointed by Her Majesty on Education in Scotland.
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