s 23
(1) Where an enactment conferring a power on a Minister of the Crown makes provision for the exercise of the power with the concurrence or subject to the consent or approval of, or after consultation with, any other Minister of the Crown, that provision shall not apply to the exercise of the power (in accordance with section 21 or 22 of this Act) by a Scottish Secretary unless either— (a) the enactment is listed in Schedule 4 to this Act, or (b) the power relates to the borrowing of money outside the United Kingdom or in a currency other than sterling. c. 51 Scotland Act 1978 (2) Where an enactment conferring a power on a Minister of the Crown makes no such provision, but the enactment is listed in Schedule 4 to this Act, then, except as otherwise provided in that Schedule, the power shall not be exercised by a Scottish Secretary without the consent of a Minister of the Crown. (3) Notwithstanding anything in the preceding provisions of this Act, any power under the enactments listed in Schedule 5 to this Act may be exercised both by the Secretary of State and by a Scottish Secretary.