THE ACT Establishment Section 3 (Exclusion of Crown status)
10.Section 3 confirms that South of Scotland Enterprise is not an emanation of the Crown. The Crown, which for this purpose broadly means the executive branch of government, enjoys certain privileges and immunities in law. South of Scotland Enterprise is not to be regarded as a government body and therefore none of the particular legal rules that apply to government bodies apply to South of Scotland Enterprise.
11.Subsection (2) of section 3 confirms that South of Scotland Enterprise’s members and staff are not civil servants. This means that none of the statutes that make provision about the civil service (see, for example, Part 1 of the Constitutional Reform and Governance Act 2010) apply to the people who comprise, and work for, South of Scotland Enterprise.