Part V
specified in the legislation, references in section 58 to the international obligation are to be read as references to the requirement to achieve that much of the result.
(7) If subordinate legislation under this section modifies a function of observing or implementing such an obligation under Community law 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 specified in the legislation, references in sections 29(2)(d) and 57(2) and paragraph 1 of Schedule 6 to Community law are to be read as including references to the requirement to achieve that much of the result.
Legislative power to remedy ultra vires acts. 107. Subordinate legislation may make such provision as the person making the legislation considers necessary or expedient in consequence of—
- (a) an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament which is not, or may not be, within the legislative competence of the Parliament, or
- (b) any purported exercise by a member of the Scottish Executive of his functions which is not, or may not be, an exercise or a proper exercise of those functions.
Agreed redistribution of functions exercisable by the Scottish Ministers etc. 108.—(1) Her Majesty may by Order in Council provide for any functions exercisable by a member of the Scottish Executive to be exercisable—
- (a) by a Minister of the Crown instead of by the member of the Scottish Executive,
- (b) by a Minister of the Crown concurrently with the member of the Scottish Executive, or
- (c) by the member of the Scottish Executive only with the agreement of, or after consultation with, a Minister of the Crown.
(2) Where an Order is made under subsection (1)(a) or (b) in relation to a function of the Scottish Ministers, the First Minister or the Lord Advocate which is exercisable only with the agreement of, or after consultation with, any other of those persons, the function shall, unless the Order provides otherwise, be exercisable by the Minister of the Crown free from any such requirement.
(3) An Order under this section may, in particular, provide for any function exercisable by a Minister of the Crown by virtue of an Order 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, another person.
(4) This section does not apply to any retained functions of the Lord Advocate which fall within section 52(6)(a).
Agreed redistribution of property and liabilities. 109.—(1) Her Majesty may by Order in Council provide—
- (a) for the transfer to a Minister of the Crown or government department of any property belonging to the Scottish Ministers or the Lord Advocate, or
