13

1 Paragraph 12 does not apply to any function conferred by any provision of— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b the Human Rights Act 1998, except sections 1, 5, 14 to 17 and 22 of that Act, c the law on reserved matters (for the purposes of paragraph 2) so far as contained in an enactment. 2 For the purpose of determining— a whether any function under any of the provisions referred to in sub-paragraph (1) is transferred to the Scottish Ministers by virtue of section 53, and b the extent to which any such function (other than a function of making, confirming or approving subordinate legislation) is exercisable by them, the references in section 54 to the legislative competence of the Parliament are to be read as if section 29(2)(c) were omitted. 3 Part I of this Schedule does not prevent an Act of the Scottish Parliament modifying, or conferring power by subordinate legislation to modify, any of the provisions mentioned in sub-paragraph (1) so as to provide for a function transferred to the Scottish Ministers by virtue of section 53 to be exercisable by a different person.