Part VI
(3) Where—
- (a) a function of making, confirming or approving subordinate legislation conferred by a pre-commencement enactment is exercisable by a Scottish public authority with mixed functions or no reserved functions, and
- (b) a pre-commencement enactment makes such provision in relation to the exercise of the function as is mentioned in subsection (2),
the provision shall have effect, so far as it relates to the exercise of the function by that authority, as if any reference in it to Parliament or either House of Parliament were a reference to the Scottish Parliament.
(4) Where—
- (a) a function of making, confirming or approving subordinate legislation conferred by a pre-commencement enactment is exercisable within devolved competence by a person other than a Minister of the Crown, a member of the Scottish Executive or a Scottish public authority with mixed functions or no reserved functions, and
- (b) a pre-commencement enactment makes such provision in relation to the exercise of the function as is mentioned in subsection (2),
the provision shall have effect, so far as it relates to the exercise of the function by that person within devolved competence, as if any reference in it to Parliament or either House of Parliament were a reference to the Scottish Parliament.
(5) If a pre-commencement enactment applies the 1946 c. 36.Statutory Instruments Act 1946 as if a function of the kind mentioned in subsection (3) or (4) were exercisable by a Minister of the Crown, that Act shall apply, so far as the function is exercisable as mentioned in paragraph (a) of subsection (3) or (as the case may be) (4), as if the function were exercisable by the Scottish Ministers.
Consolidated Fund etc. 119.—(1) In this section “Scottish functions” means—
- (a) functions of the Scottish Ministers, the First Minister or the Lord Advocate which are exercisable within devolved competence,
- (b) functions of any Scottish public authority with mixed functions or no reserved functions.
(2) Subject to subsections (3) and (5), a provision of a pre-commencement enactment which—
- (a) requires or authorises the payment of any sum out of the Consolidated Fund or money provided by Parliament, or
- (b) requires or authorises the payment of any sum into the Consolidated Fund,
shall cease to have effect in relation to any Scottish functions.
(3) A provision of a pre-commencement enactment which—
- (a) charges any sum on the Consolidated Fund,
- (b) requires the payment of any sum out of the Consolidated Fund without further appropriation, or
