Part II
- (d) section 5 of the 1965 c. 4.Science and Technology Act 1965 (funding of scientific research),
- (e) section 1 of the 1972 c. 9.Mineral Exploration and Investment Grants Act 1972 (contributions in respect of mineral exploration),
- (f) sections 10 to 12 of the 1972 c. 63.Industry Act 1972 (credits and grants for construction of ships and offshore installations),
- (g) sections 2, 11(3) and 12(4) of the 1973 c. 50.Employment and Training Act 1973 (power to make arrangements for employment and training etc. and to make certain payments),
- (h) sections 7 to 9 and 11 to 13 of the 1982 c. 52.Industrial Development Act 1982 (financial and other assistance for industry), and
- (i) sections 39 and 40 of the 1988 c. 52.Road Traffic Act 1988 (road safety information and training),
the function shall be exercisable by a Minister of the Crown as well as by the Scottish Ministers.
(2) Despite the transfer of any other function by virtue of section 53, the function shall, if subordinate legislation so provides, be exercisable (or be exercisable so far as the legislation provides) by a Minister of the Crown as well as by the Scottish Ministers.
(3) Subordinate legislation under subsection (2) may not be made so as to come into force at any time after the function in question has become exercisable by the Scottish Ministers.
(4) Any power referred to in section 53(2)(a) to establish, maintain or abolish a body, office or office-holder having functions which include both—
- (a) functions which are exercisable in or as regards Scotland and do not relate to reserved matters, and
- (b) other functions,
shall, despite that section, be exercisable jointly by the Minister of the Crown and the Scottish Ministers.
(5) In subsection (4), “office-holder” includes employee or other post-holder.
Community law and Convention rights. 57.—(1) Despite the transfer to the Scottish Ministers by virtue of section 53 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 1972 c. 68.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.
(3) Subsection (2) does not apply to an act of the Lord Advocate—
- (a) in prosecuting any offence, or
- (b) in his capacity as head of the systems of criminal prosecution and investigation of deaths in Scotland,
which, because of subsection (2) of section 6 of the 1998 c. 42.Human Rights Act 1998, is not unlawful under subsection (1) of that section.
