Part II
- (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.
Devolved competence. 54.—(1) References in this Act to the exercise of a function being within or outside devolved competence are to be read in accordance with this section.
(2) It is outside devolved competence―
- (a) to make any provision by subordinate legislation which would be outside the legislative competence of the Parliament if it were included in an Act of the Scottish Parliament, or
- (b) to confirm or approve any subordinate legislation containing such provision.
(3) In the case of any function other than a function of making, confirming or approving subordinate legislation, it is outside devolved competence to exercise the function (or exercise it in any way) so far as a provision of an Act of the Scottish Parliament conferring the function (or, as the case may be, conferring it so as to be exercisable in that way) would be outside the legislative competence of the Parliament.
Functions exercisable with agreement. 55.—(1) A statutory provision, or any provision not contained in an enactment, which provides for a Minister of the Crown to exercise a function with the agreement of, or after consultation with, any other Minister of the Crown shall cease to have effect in relation to the exercise of the function by a member of the Scottish Executive by virtue of section 53.
(2) In subsection (1) “statutory provision” means any provision in a pre-commencement enactment other than paragraph 5 or 15 of Schedule 32 to the 1980 c. 65.Local Government, Planning and Land Act 1980 (designation of enterprise zones).
Shared powers. 56.—(1) Despite the transfer by virtue of section 53 of any function under—
- (a) section 17(1) of the 1919 c. 50.Ministry of Transport Act 1919 (power to make advances for certain purposes),
- (b) any Order in Council under section 1 of the 1946 c. 45.United Nations Act 1946 (measures to give effect to Security Council decisions),
- (c) section 9 of the 1947 c. 40.Industrial Organisation and Development Act 1947 (levies for scientific research, promotion of exports, etc.),
