Commentary on provisions of Act Section 68: Subordinate legislation under functions exercisable within devolved competence
This section ensures that where functions transferred to the Scottish Ministers by section 53 of the Scotland Act 1998, as glossed by sections 9, 32 and 51 of this Act, include powers to make delegated legislation, the procedure applicable follows that set out by the Scottish Parliament in the Interpretation and Legislative Reform (Scotland) Act 2010 (ILRA).
	Section 53 of the Scotland Act 1998, as glossed by sections 9, 32 and 51 of this Act, transfers functions exercisable within devolved competence by virtue of sections 3, 22, 23, 24, 25, 26, 27, 31 and 50 of this Act from a Minister of the Crown to the Scottish Ministers. Some of the functions transferred will include the power to make delegated legislation, but that delegated legislation will be subject to procedure in the UK Parliament. Accordingly, adjustment is needed to apply Scottish Parliament procedure to those transferred functions.
	In 2010, the Scottish Parliament passed ILRA which makes provision for scrutiny of devolved subordinate legislation. This section ensures that where a transferred function is exercisable by statutory instrument, it will be exercisable by Scottish statutory instrument. If no provision is made for the transferred function to be exercisable by statutory instrument, then the function is not exercisable by Scottish statutory instrument. Further, this section glosses references to the parliamentary scrutiny applicable to a transferred delegated power. For example, references to subordinate legislation being "subject to annulment in pursuance of a resolution" will be read as subject to the negative procedure in the Scottish Parliament.