Part II The Scottish Administration
Ministerial functions
I157F1EU law and Convention rights.
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
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.