Part V
Supplementary powers
Power to make provision consequential on legislation of, or scrutinised by, the Parliament. 104.—(1) Subordinate legislation may make such provision as the person making the legislation considers necessary or expedient in consequence of any provision made by or under any Act of the Scottish Parliament or made by legislation mentioned in subsection (2).
(2) The legislation is subordinate legislation under an Act of Parliament made by―
- (a) a member of the Scottish Executive,
- (b) a Scottish public authority with mixed functions or no reserved functions, or
- (c) any other person (not being a Minister of the Crown) if the function of making the legislation is exercisable within devolved competence.
Power to make provision consequential on this Act. 105. Subordinate legislation may make such modifications in any pre-commencement enactment or prerogative instrument or any other instrument or document as appear to the person making the legislation necessary or expedient in consequence of this Act.
Power to adapt functions. 106.—(1) Subordinate legislation may make such provision (including, in particular, provision modifying a function exercisable by a Minister of the Crown) as the person making the legislation considers appropriate for the purpose of enabling or otherwise facilitating the transfer of a function to the Scottish Ministers by virtue of section 53 or 63.
(2) Subordinate legislation under subsection (1) may, in particular, provide for any function which—
- (a) is not exercisable separately in or as regards Scotland to be so exercisable, or
- (b) is not otherwise exercisable separately within devolved competence to be so exercisable.
(3) The reference in subsection (1) to the transfer of a function to the Scottish Ministers shall be read as including the sharing of a function with the Scottish Ministers or its other adaptation.
(4) No recommendation shall be made to Her Majesty in Council to make, and no Minister of the Crown shall make, subordinate legislation under this section which modifies a function of observing or implementing an obligation mentioned in subsection (5) unless the Scottish Ministers have been consulted about the modification.
(5) The obligation is an international obligation, or an obligation under Community law, to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise), where the quantity relates to the United Kingdom (or to an area including the United Kingdom or to an area consisting of a part of the United Kingdom which includes the whole or part of Scotland).
(6) If subordinate legislation under this section modifies a function of observing or implementing such an international obligation so that the function to be transferred to the Scottish Ministers relates only to achieving so much of the result to be achieved under the obligation as is