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Scotland Act 1998
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No versions valid at: 06/05/1999
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Valid from 01/07/1999
53 General transfer of functions.U.K.
This section has no associated Explanatory Notes
(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—
(a)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.
(4)This section and section 54 are modified by Part III of Schedule 4.
Modifications etc. (not altering text)
C1S. 53 restricted (1.7.1999) by S.I. 1999/1592, arts. 1, 3, Sch. 1; S.I. 1998/3178, art. 3
S. 53 excluded (30.6.1999) by S.I. 1999/1746, arts. 1, 3; S.I. 1998/3178, art. 3
C2S. 53 explained (6.5.1999) (temp. until 1.7.1999) by S.I. 1999/1042, art. 2
C3S. 53 extended (6.5.1999) (temp.) by S.I. 1999/901, art. 3(3)
C4S. 53 extended (30.6.1999) by S.I. 1999/1748, arts. 4-8
C5S. 53 excluded (15.11.2004) by Children Act 2004 (c. 31), ss. 6(9), 67(1)
C6S. 53(2)(a) modified (1.7.1999) by S.I. 1999/1756, arts. 5-7
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