Section 4 Ministerial oversightI1

(1)

Subsections (2) and (3) apply in relation to the exercise by the Scottish Ministers of their functions—

(a)

under Parts 2 and 3, or

(b)

under section 125(3) or otherwise arising by virtue of Part 4 (except sections 141(c) and 145(1)).

(2)

The Scottish Ministers must, so far as practicable, act in a way which—

(a)

is compatible with the regulatory objectives, and

(b)

they consider most appropriate with a view to meeting those objectives.

(3)

The Scottish Ministers must adopt best regulatory practice under which (in particular) regulatory activities should be—

(a)

carried out—

(i)

effectively (but without giving rise to unnecessary burdens),

(ii)

in a way that is transparent, accountable, proportionate and consistent,

(b)

targeted only at such cases as require action.

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