General transfer of functions.

1 The functions mentioned in subsection (2) shall, so far as they are exercisable within devolved competence, be exercisable by the Scottish Ministers instead of by a Minister of the Crown. 2 Those functions are— a those of Her Majesty’s prerogative and other executive functions which are exercisable on behalf of Her Majesty by a Minister of the Crown, b other functions conferred on a Minister of the Crown by a prerogative instrument, and 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. 3A But see sections 9, 32 and 51 of the Scotland Act 2016 (which give “pre-commencement enactment” a different meaning for functions exercisable within devolved competence by virtue of certain provisions of that Act). 4 This section and section 54 are modified by Part III of Schedule 4.