{
  "url": "https://openlegislation.uk/scotland-act-1998/section-44",
  "json_url": "https://openlegislation.uk/scotland-act-1998/section-44.json",
  "legislation": "ukpga/1998/46",
  "legislation_title": "Scotland Act 1998",
  "legislation_url": "https://openlegislation.uk/scotland-act-1998",
  "path": "section/44",
  "kind": "section",
  "number": "44",
  "heading": "The Scottish Government.",
  "text": "(1) There shall be a Scottish Government, whose members shall be—\n(a) the First Minister,\n(b) such Ministers as the First Minister may appoint under section 47, and\n(c) the Lord Advocate and the Solicitor General for Scotland.\n(2) The members of the Scottish Government are referred to collectively as the Scottish Ministers.\n(3) A person who holds a Ministerial office may not be appointed a member of the Scottish Government ; and if a member of the Scottish Government is appointed to a Ministerial office he shall cease to hold office as a member of the Scottish Government.\n(4) In subsection (3), references to a member of the Scottish Government include a junior Scottish Minister and “Ministerial office” has the same meaning as in section 2 of the House of Commons Disqualification Act 1975.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Act substituted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 12(2)(a), 44(5) (with s. 12(3)); S.I. 2012/1710, art. 2(f)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1975 c. 24."
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 44(1)(a)(b),(2)-(4) in force at 6.5.1999, s. 42(1)(c) in force at 20.5.1999 by S.I. 1998/3178, art. 2(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1998/46/section/44",
    "retrieved_at": "2026-10-31T10:33:08.185252+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}