Commentary on Sections Part 5 .Appointments Commission Section 59: Cases where appointment functions exercisable jointly etc
276.Section 59 contains provisions which relate to the appointment functions of the Secretary of State referred to in section 58 which are exercisable by the Secretary of State jointly or concurrently with a devolved authority or any other person who is not a Minister of the Crown. The Secretary of State may direct the Appointments Commission to exercise his functions in accordance with section 58, but is required to first consult with the body or person with whom he exercises his functions jointly or concurrently. Section 59 expressly excludes powers of appointment which are exercised jointly or concurrently with Scottish Ministers. This does not, however, prevent the Secretary of State from giving a direction to the Appointments Commission in relation to functions he has in relation to that body, but he cannot give directions in relation to the powers of the Scottish Ministers.
277.Subsection (3) provides that when the Secretary of State delegates to the Appointments Commission appointment functions that are exercisable by him jointly or concurrently with a devolved authority or any other person who is not a Minister of the Crown, those functions are exercisable by the Appointments Commission acting alone.
278.This section replaces the provisions of section 188 of the 2003 Act.