The Scottish Government is responsible for devolved matters, and those not explicitly reserved to the British Parliament in Westminster, by Schedule 5 to the Scotland Act 1998.
Devolved matters that were decided on by the Scotland Act 1998 included healthcare provision, education, justice, policing, rural affairs, economic development and transport. The Scottish Government also has administrative responsibility for some matters where it does not have legislative power. An example is Sections 36 & 37 of the Electricity Act 1989 which allow the Scottish Government to authorise power transmission lines and grant power generation consents.
In the aftermath of the Scottish independence Referendum in 2014, the Smith Commission was established to decide upon what matters should further be devolved given the increased hunger of the Scottish people for home rule. Some matters that were decided upon for devolution were some elements of Social Security, policing of transport, the Crown Estate in Scotland, road signage and speed limits and further elements of taxation.
The Scottish Government's budget is decided upon by the block grant that is formulated using the Barnett Formula with the ability to also increase or decrease income tax rates. In the financial year of 2016–17, the government's annual budget was £37.2 billion.
The government is led by the First Minister. The Scottish Parliament nominates one of its members to be appointed as first minister by the monarch. He or she is assisted by various cabinet secretaries with individual portfolios, who are appointed by him/her with the approval of parliament. Ministers are similarly appointed to assist cabinet secretaries in their work. The Scottish law officers, the Lord Advocate and Solicitor General, can be appointed from outside the parliament's membership, but are subject to its approval. They are appointed by the monarch on the recommendation of the first minister. The first minister, the cabinet secretaries and the Scottish law officers are the members of the Scottish Government. They are collectively known as the "Scottish Ministers".
The members of the government have substantial influence over legislation in Scotland, putting forward the majority of bills that are successful in becoming Acts of the Scottish Parliament.
The structure of the ministerial team used by the Scottish National Party (SNP) after its election victory in May 2007 differs from those used by previous governments. The title cabinet secretary was introduced to replace what were called "ministers" and title minister is now used for what were formerly called "deputy ministers". The cabinet secretaries and ministers are:
The Scottish Cabinet is the group of ministers who are collectively responsible for all Scottish Government policy. While parliament is in session, the cabinet meets weekly. Normally meetings are held on Tuesday afternoons in Bute House, the official residence of the first minister. The cabinet consists of the cabinet secretaries, excluding the Scottish Law Officers (the Lord Advocate and the Solicitor General). The Lord Advocate attends meetings of the cabinet only when requested by the first minister, and he is not formally a member.
The cabinet is supported by the Cabinet Secretariat, which is based at St Andrew's House.
There are currently two sub-committees of Cabinet:Cabinet Sub-Committee on Legislation
Membership: the Deputy First Minister and Cabinet Secretary for Health and Wellbeing, the Minister for Parliamentary Business, and the Lord Advocate.
Scottish Government Resilience Room (SGoRR) Cabinet Sub-Committee
Membership: Cabinet Secretary for Justice (Chair), the Cabinet Secretary for Finance and Sustainable Growth, the Cabinet Secretary for Health and Wellbeing,the Cabinet Secretary for Rural Affairs and the Environment and the Lord Advocate.
For several years prior to the Glasgow 2014 Commonwealth Games there had been a third sub-committee of Cabinet:Glasgow 2014 Legacy Plan Delivery Group
Membership: Deputy First Minister and Cabinet Secretary for Health and Wellbeing (Chair), Minister for Community Safety, Minister for Culture, External Affairs and the Constitution, Minister for Enterprise, Energy and Tourism, Minister for Environment, Minister for Housing and Communities, Minister for Public Health and Sport, Minister for Schools and Skills, and the Minister for Transport, Infrastructure and Climate Change.
Scottish Government also includes a civil service that supports the Scottish ministers. According to 2012 reports, there are 16,000 civil servants working in core Scottish Government directorates and agencies. The civil service is a matter reserved to the British parliament at Westminster (rather than devolved to Holyrood): Scottish Government civil servants work within the rules and customs of Her Majesty's Civil Service, but serve the devolved administration rather than British government.
The permanent secretary is the most senior Scottish civil servant, leads the strategic board, and supports the first minister and cabinet. The current permanent secretary is Leslie Evans, who assumed the post in July 2015.
The permanent secretary is a member of the Her Majesty's Civil Service, and therefore takes part in the permanent secretaries management group of the Civil Service and is answerable to the most senior civil servant in Britain, the Cabinet Secretary (not to be confused with Scottish Government cabinet secretaries), for his or her professional conduct. He or she remains, however, at the direction of the Scottish ministers.
"Directorates" are the ministries of the Scottish Government. They serve to execute government policy. Unlike in the British government, cabinet secretaries, the equivalent of British government secretaries of state, do not lead the directorates, and have no direct role in their operation. Instead, the directorates are grouped together into six "Directorates General", each run by a senior civil servant who is titled a "Director-General". As of May 2016, there are six Directorates General:Learning and Justice Directorates
Health and Social Care Directorates
Strategy and Operations Directorates
Supporting these directorates are a variety of other corporate service teams and professional groups.
The Crown Office and Procurator Fiscal Service serves as an independent prosecution service in Scotland, and is a ministerial department of the Scottish Government. It is headed by the Lord Advocate, who is responsible for prosecution, along with the procurators fiscal, under Scots law.
The strategic board is composed of the permanent secretary, the six directors-general, two chief advisers (scientific and economic) and four non-executive directors. The board is responsible for providing support to the government through the permanent secretary, and is the executive of the Scottish civil service.
To deliver its work, there are 8 executive agencies established by ministers as part of government departments, or as departments in their own right, to carry out a discrete area of work. These include, for example, the Scottish Prison Service and Transport Scotland. Executive agencies are staffed by civil servants.
There are two non-ministerial departments that form part of the Scottish administration, and therefore the devolved administration, but answer directly to the Scottish Parliament rather than to ministers: these are the General Register Office for Scotland and the Office of the Scottish Charity Regulator.
The Scottish Government is also responsible for a large number of non-departmental public bodies. These include executive NDPBs (e.g. Scottish Enterprise); advisory NDPBs (e.g. the Scottish Law Commission); tribunals (e.g. the Children's Panel and Additional Support Needs Tribunals for Scotland); and nationalised industries (e.g. Scottish Water). These are staffed by public servants, rather than civil servants.
The Scottish Government is also responsible for some other public bodies that are not classed as non-departmental public bodies, such as NHS Boards, Visiting Committees for Scottish Penal Establishments or HM Chief Inspector of Constabulary for Scotland.
The main building of the Scottish Government is St Andrew's House, which is located on Calton Hill in Edinburgh. Some other government departments are based at Victoria Quay in Leith, Saughton House on Broomhouse Drive, and Atlantic Quay on Broomielaw, Glasgow. The Crown Office and Procurator Fiscal Service has its head offices, and the Lord Advocate's Chambers, at Chambers Street in central Edinburgh.
There are numerous other Edinburgh properties occupied by the Scottish Government. The Security Branch is based in the old Governor's House on the site of the former Calton Gaol, next door to St Andrew's House on Regent Road. The Government Car Service for Scotland also has its Edinburgh offices on Bonnington Road, in Leith. Other offices are scattered around central Edinburgh, including Bute House on Charlotte Square, the official residence of the first minister.
New St Andrew's House, above and behind Edinburgh's St James' Centre, was once a large Scottish Office building, which was occupied from 1973 until 1997, when the last remaining staff moved to Victoria Quay.
The first minister has use of the Scotland Office building, Dover House in Whitehall when necessary.
The Scottish Government has a European Union representative office, located at Rond-Point Robert Schuman in Brussels, Belgium, which forms a part of the United Kingdom Permanent Representation to the European Union. The Scottish Government also maintains an office within the British Embassy in Washington, D.C., and has accredited representatives within the British Embassy in Beijing.
The original Scotland Act 1998 gave the name "Scottish Executive" as the legal term for the devolved government. In January 2001, the then First Minister Henry McLeish suggested changing the official name from "Scottish Executive" to "Scottish Government". The reaction from the British government and from some Labour Party members and Scottish Labour MPs was allegedly hostile. This reaction was in contrast to a 2001 public survey by then-Labour chief whip Tom McCabe, which showed that only 29% of the Scottish public wanted the title Scottish Executive to remain.
Scottish politicians, including the Labour first minister, had often referred to the executive as the "government" and this trend increased following the 2007 election, when the SNP took office and Labour were in opposition for the first time. On 2 September 2007, the SNP minority government announced that the Scottish Executive was to be re-branded as the "Scottish Government".
The renaming was decided unilaterally by the minority government; as a consequence, the SNP was criticised by the three Unionist opposition parties for acting without allowing for parliamentary scrutiny, debate or approval of their plan. However, the term "Scottish Government" has since then become common currency among all of the political parties in Scotland and the rest of the UK. The official Gaelic title, Riaghaltas na h-Alba, has always meant "Government of Scotland".
"Scottish Executive" remained the legal name under section 44(1) of the Scotland Act 1998 until 2 July 2012. Neither the Scottish Executive nor the Scottish Parliament were able to change the legal name, as this required the British parliament to amend the Scotland Act. Section 12(1) of the Scotland Act 2012, which came into effect on 3 July 2012, formally changed the name of the Scottish Executive to the "Scottish Government".
At the same time that the Scottish Government began to use its new name, a new emblem was adopted. The earlier version featured the old name and a version of the Royal Arms for Scotland, but without the motto, the helm, the mantling, the crest, the war-cry above the crest, or the flags of Scotland and England carried by the supporters. In the rendering used, both supporters appeared to be crowned with the Crown of Scotland, whereas in the Royal Arms, the Scottish unicorn is usually shown crowned with the Scottish Crown, and the English lion with St Edward's Crown.
In the September 2007 rebranding, this depiction of the Royal Arms was replaced by one of the Flag of Scotland. However, the Royal Arms are still used by the Government for some official documents, such as directions issued in exercise of powers provided by legislation.
In 2016, a refreshed version of the Scottish Government logo was launched and used on all government websites and letters of correspondence.
In the first two terms of the Scottish Parliament, the executive was formed by a coalition of Labour and Liberal Democrats. In the three terms since the 2007 election, the Scottish National Party (SNP) has held the largest number of seats and has formed the Scottish Government on its own. The current First Minister is Nicola Sturgeon.