Part II The Scottish Administration

Ministerial functions

C1C2C3C4C5C753 General transfer of functions.

1

The functions mentioned in subsection (2) shall, so far as they are exercisable within devolved competence, be exercisable by the Scottish Ministers instead of by a Minister of the Crown.

2

Those functions are—

C6a

those of Her Majesty’s prerogative and other executive functions which are exercisable on behalf of Her Majesty by a Minister of the Crown,

b

other functions conferred on a Minister of the Crown by a prerogative instrument, and

c

functions conferred on a Minister of the Crown by any pre-commencement enactment,

but do not include any retained functions of the Lord Advocate.

3

In this Act, “pre-commencement enactment” means—

a

an Act passed before or in the same session as this Act and any other enactment made before the passing of this Act,

b

an enactment made, before the commencement of this section, under such an Act or such other enactment,

c

subordinate legislation under section 106, to the extent that the legislation states that it is to be treated as a pre-commencement enactment.

F13A

But see sections 9, 32 and 51 of the Scotland Act 2016 (which give “pre-commencement enactment” a different meaning for functions exercisable within devolved competence by virtue of certain provisions of that Act).

4

This section and section 54 are modified by Part III of Schedule 4.