(1)Despite the transfer to the Scottish Ministers by virtue of section 53 of functions in relation to observing and implementing obligations under Community law, any function of a Minister of the Crown in relation to any matter shall continue to be exercisable by him as regards Scotland for the purposes specified in section 2(2) of the M1European Communities Act 1972.

(2)A member of the Scottish Executive has no power to make any subordinate legislation, or to do any other act, so far as the legislation or act is incompatible with any of the Convention rights or with Community law.

(3)Subsection (2) does not apply to an act of the Lord Advocate—

(a)in prosecuting any offence, or

(b)in his capacity as head of the systems of criminal prosecution and investigation of deaths in Scotland,

which, because of subsection (2) of section 6 of the M2Human Rights Act 1998, is not unlawful under subsection (1) of that section.