57[F1EU] law and Convention rights.U.K.
(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 [F2Scottish Government] 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,
F3...
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
F2Words in Act substituted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 12(2)(a), 44(5) (with s. 12(3)); S.I. 2012/1710, art. 2(f)
F3Words in s. 57(3) omitted (22.4.2013) by virtue of Scotland Act 2012 (c. 11), ss. 36(2), 44(5); S.I. 2013/6, art. 2(c)
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