Commentary on provisions of Act Section 9: Functions exercisable within devolved competence: elections
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 on existing enactments were also glossed by sections 117-122 of the Scotland Act 1998 to take accounts of the transfer of responsibility to the Scottish Parliament and the Scottish Ministers.
	Where the Act transfers legislative competence to the Scottish Parliament, provision needs to be made for the functions of a Minister of the Crown that fall within the scope of the newly devolved competence and other appropriate amendments made to legislation. In some instances, e.g. speed limits, this is done by transferring functions to the Scottish Ministers by textual amendment of the relevant legislation. However, in the case of devolution to the Scottish Parliament by virtue of section 3 (elections), this is done by updating the operation of section 53 of the Scotland Act 1998.
	This 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.