Version Superseded: 03/07/2012
Point in time view as at 22/04/2011. This version of this provision has been superseded.
Scotland Act 1998, Section 57 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)Despite the transfer to the Scottish Ministers by virtue of section 53 of functions in relation to observing and implementing obligations under [F1EU] law, any function of a Minister of the Crown in relation to any matter shall continue to be exercisable by him as regards Scotland for the purposes specified in section 2(2) of the M1European Communities Act 1972.
(2)A member of the Scottish Executive has no power to make any subordinate legislation, or to do any other act, so far as the legislation or act is incompatible with any of the Convention rights or with [F1EU] law.
(3)Subsection (2) does not apply to an act of the Lord Advocate—
(a)in prosecuting any offence, or
(b)in his capacity as head of the systems of criminal prosecution and investigation of deaths in Scotland,
which, because of subsection (2) of section 6 of the M2Human Rights Act 1998, is not unlawful under subsection (1) of that section.
Textual Amendments
F1Words in s. 57 substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 6
Commencement Information
I1S. 57(1) in force at 1.7.1998, s. 52(2) in force at 6.5.1998, s. 57(3) in force at 20.5.1999 by S.I. 1998/3178, arts. 2(2), 3
Marginal Citations
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