Scotland Bill - continued        House of Commons
PART II, THE SCOTTISH ADMINISTRATION - continued
Ministerial functions - continued

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Scope of powers to make subordinate legislation, etc.     50. - (1) Subsection (2) applies to the exercise by a member of the Scottish Executive of any function of making subordinate legislation which is exercisable by him by virtue of section 49.
 
      (2) Provision may be made in the subordinate legislation if, and only if, the provision would be within the legislative competence of the Parliament if it were included in an Act of the Scottish Parliament.
 
      (3) The restrictions in section 49 to the exercise of the function-
 
 
    (a) in or as regards Scotland, and
 
    (b) otherwise than in relation to reserved matters,
  are to be read in accordance with subsection (2).
 
      (4) Apart from subsection (3), subsection (2) does not affect any other restriction on the exercise of the function.
 
      (5) Any provision of subordinate legislation made or purporting to be made by a member of the Scottish Executive is to be read, so far as possible, so as to be within the powers conferred by virtue of this Act and is to have effect accordingly.
 
Functions exercisable with agreement.     51. - (1) A statutory provision 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 not apply to the exercise of the function by a member of the Scottish Executive by virtue of section 49.
 
      (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 Local Government (Planning and Land) Act 1980 (designation of enterprise zones).
 
Shared powers.     52. The powers of a Minister of the Crown under-
 
 
    (a) section 17(1) of the Ministry of Transport Act 1919 (power to make advances for certain purposes),
 
    (b) section 9 of the Industrial Organisation and Development Act 1947 (levies for scientific research, promotion of exports etc.),
 
    (c) section 5 of the Science and Technology Act 1965 (funding of scientific research),
 
    (d) section 1 of the Mineral Exploration and Investment Grants Act 1972 (contributions in respect of mineral exploration),
 
    (e) sections 10 to 12 of the Industry Act 1972 (credits and grants for construction of ships and offshore installations),
 
    (f) sections 7 to 14 of the Industrial Development Act 1982 (financial and other assistance for industry), and
 
    (g) sections 39 and 40 of the Road Traffic Act 1988 (road safety information and training),
  shall, despite section 49, be exercisable in or as regards Scotland by him as well as by the Scottish Ministers.
 
Community law and Convention rights.     53. - (1) Despite the transfer to the Scottish Ministers by virtue of section 49 of functions in relation to observing and implementing obligations under Community 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 European Communities Act 1972.
 
      (2) A member of the Scottish Executive 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 Community law.
 
Power to prevent or require action.     54. - (1) If the Secretary of State has reasonable grounds to believe that any action proposed to be taken by a member of the Scottish Executive would be incompatible with any international obligations, he may by order direct that the proposed action shall not be taken.
 
      (2) If the Secretary of State has reasonable grounds to believe that any action capable of being taken by a member of the Scottish Executive is required for the purpose of giving effect to any such obligations, he may by order direct that the action shall be taken.
 
      (3) In subsections (1) and (2), "action" includes making, confirming or approving subordinate legislation and, in subsection (2), includes introducing a Bill in the Parliament.
 
      (4) If any subordinate legislation made or which could be revoked by a member of the Scottish Executive contains provisions-
 
 
    (a) which the Secretary of State has reasonable grounds to believe would be incompatible with any international obligations, or
 
    (b) which would be within the legislative competence of the Parliament by virtue of subsection (4) (as it applies in relation to Scots private law) or subsection (5) of section 28 if it were included in an Act of the Scottish Parliament, but which the Secretary of State has reasonable grounds to believe would have an adverse effect on the operation of an enactment as it applies to reserved matters,
  the Secretary of State may by order revoke the legislation.
 
      (5) An order under this section must state the reasons for revoking the legislation.
 
 
Property and liabilities
Property and liabilities of the Scottish Ministers.     55. - (1) Property may be held by the Scottish Ministers by that name.
 
      (2) Property acquired by or transferred to the Scottish Ministers shall belong to, and liabilities incurred by the Scottish Ministers shall be liabilities of, the Scottish Ministers for the time being.
 
      (3) In relation to property to be acquired by or transferred to, or belonging to, the Scottish Ministers or liabilities incurred by the Scottish Ministers, references to the Scottish Ministers-
 
 
    (a) in any title recorded in the Register of Sasines or registered in the Land Register of Scotland, or
 
    (b) in any other document,
  shall be read in accordance with subsection (2).
 
      (4) A document shall be validly executed by the Scottish Ministers if it is executed by any member of the Scottish Executive.
 
Transfers to the Scottish Ministers.     56. - (1) Subordinate legislation may provide-
 
 
    (a) for the transfer to the Scottish Ministers of any property to which this section applies, or
 
    (b) for the Scottish Ministers to have such rights or interests in relation to any property to which this section applies as the person making the legislation considers appropriate (whether in connection with a transfer or otherwise).
      (2) This section applies to property belonging to a Minister of the Crown which appears to the person making the legislation-
 
 
    (a) to be held or used wholly or partly for or in connection with the exercise of devolved functions, or
 
    (b) not to be within paragraph (a) but, when last held or used for or in connection with the exercise of any function, to have been within that paragraph.
      (3) Subordinate legislation may provide for the transfer to the Scottish Ministers of any liabilities-
 
 
    (a) to which a Minister of the Crown is subject, and
 
    (b) which appear to the person making the legislation to have been incurred wholly or partly for or in connection with the exercise of devolved functions.
      (4) In this section, "devolved functions" means any functions exercisable in or as regards Scotland other than-
 
 
    (a) functions relating to reserved matters, or
 
    (b) retained functions of the Lord Advocate.
Property and liabilities of the Lord Advocate and the First Minister.     57. - (1) Property may be held by the Lord Advocate by that name.
 
      (2) Property acquired by or transferred to the Lord Advocate shall belong to, and liabilities incurred by the Lord Advocate shall be liabilities of, the Lord Advocate for the time being.
 
      (3) In relation to property to be acquired by or transferred to, or belonging to, the Lord Advocate or liabilities incurred by the Lord Advocate, references to the Lord Advocate-
 
 
    (a) in any title recorded in the Register of Sasines or registered in the Land Register of Scotland, or
 
    (b) in any other document,
  shall be read in accordance with subsection (2).
 
      (4) Any rights and liabilities acquired or incurred by the First Minister shall be rights or (as the case may be) liabilities of the First Minister for the time being.
 
Transfers to the Lord Advocate.     58. - (1) Subordinate legislation may provide-
 
 
    (a) for the transfer to the Lord Advocate of any property to which this section applies, or
 
    (b) for the Lord Advocate to have such rights or interests in relation to any property to which this section applies as the person making the legislation considers appropriate (whether in connection with a transfer or otherwise).
      (2) This section applies to property belonging to a Minister of the Crown which appears to the person making the legislation-
 
 
    (a) to be held or used wholly or partly for or in connection with the exercise of retained functions of the Lord Advocate, or
 
    (b) not to be within paragraph (a) but, when last held or used for or in connection with the exercise of any function, to have been within that paragraph.
      (3) Subordinate legislation may provide for the transfer to the Lord Advocate of any liabilities-
 
 
    (a) to which a Minister of the Crown is subject, and
 
    (b) which appear to the person making the legislation to have been incurred wholly or partly for or in connection with the exercise of retained functions of the Lord Advocate.
 
Transfer of additional functions
Power to transfer functions.     59. - (1) Subordinate legislation may provide for any statutory functions, so far as they are exercisable by a Minister of the Crown in or as regards Scotland, to be exercisable-
 
 
    (a) by the Scottish Ministers instead of by the Minister of the Crown,
 
    (b) by the Scottish Ministers concurrently with the Minister of the Crown, or
 
    (c) by the Minister of the Crown only with the agreement of, or after consultation with, the Scottish Ministers.
      (2) Where subordinate legislation is made under subsection (1)(a) or (b) in relation to a function of a Minister of the Crown which is exercisable only with the agreement of, or after consultation with, another Minister of the Crown or other person, the function shall, unless the legislation provides otherwise, be exercisable by the Scottish Ministers free from any such requirement.
 
      (3) Subordinate legislation under this section may, in particular, provide for any function exercisable by the Scottish Ministers by virtue of subordinate legislation under subsection (1)(a) or (b) to be exercisable subject to a requirement for the function to be exercised with the agreement of, or after consultation with, a Minister of the Crown or other person.
 
Transfers of property and liabilities in connection with functions.     60. - (1) Subordinate legislation may provide-
 
 
    (a) for the transfer to the Scottish Ministers of any property to which this section applies, or
 
    (b) for the Scottish Ministers to have such rights or interests in relation to any property to which this section applies as the person making the legislation considers appropriate (whether in connection with a transfer or otherwise).
      (2) This section applies to property belonging to a Minister of the Crown which appears to the person making the legislation-
 
 
    (a) to be held or used wholly or partly for or in connection with the exercise of any functions which are subject to subordinate legislation under section 59(1)(a) or (b), or
 
    (b) not to be within paragraph (a) but, when last held or used for or in connection with the exercise of any function, to have been so held or used for or in connection with the exercise of such functions.
      (3) Subordinate legislation may provide for the transfer to the Scottish Ministers of any liabilities-
 
 
    (a) to which a Minister of the Crown is subject, and
 
    (b) which appear to the person making the legislation to have been incurred wholly or partly for or in connection with the exercise of any functions which are subject to subordinate legislation under section 59(1)(a) or (b).
 
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Prepared 18 December 1997