Commentary on provisions of Act Section 32: Functions exercisable within devolved competence
When competence to legislate was given to the Scottish Parliament on various matters under the Scotland Act 1998, the functions under existing enactments at that time, prerogative and other executive functions exercisable by a Minister of the Crown were also transferred to the Scottish Ministers by a general transfer under section 53 of that Act. Other references in existing enactments were also glossed by sections 117 - 122 of the Scotland Act 1998 to take account of the transfer of responsibility to the Scottish Parliament and Scottish Ministers.
	Where this Act transfers legislative competence to the Scottish Parliament, the functions of a Minister of the Crown need to be transferred to the Scottish Ministers and other appropriate amendments made to legislation. In some instances e.g. speed limits, this done by way of textual amendment of those functions. However in the case of devolution to the Scottish Parliament of sections 22, 23, 24, 25, 26, 27 and 31 this is done by updating the operation of section 53.
	As the devolution to the Scottish Parliament of many of the welfare provisions may take place at different dates, the section makes provision to ensure that references in enactments immediately preceding the transfer of power to the Scottish Parliament are glossed rather than only transferring functions and glossing references in legislation immediately preceding the coming into force of the Act.