Transfer of Secretary of State’s functions to the Scottish Ministers
5.—(1) With effect from the principal appointed day(1), any function of the Secretary of State under article 4 of this Order shall transfer to and be exercisable instead by the Scottish Ministers.
(2) Paragraph (1) shall not affect the validity of anything done by or in relation to the Secretary of State in the exercise of any function transferred by paragraph (1) before the principal appointed day.
(3) Anything (including legal proceedings) which, at the principal appointed day, is in the process of being done by or in relation to the Secretary of State may, so far as it relates to any function transferred to the Scottish Ministers by virtue of paragraph (1), be continued by or in relation to the Scottish Ministers.
(4) Anything done (or having effect as if done) by or in relation to the Secretary of State for the purposes of or in connection with any function transferred to the Scottish Ministers by virtue of paragraph (1) shall, if in force at the principal appointed day, have effect as if done by or in relation to the Scottish Ministers in so far as that is required for continuing its effect after that time.
(5) So far as may be necessary for the purpose or in consequence of the exercise by the Scottish Ministers of any function of the Secretary of State transferred by paragraph (1), references in article 4, any other enactment, prerogative instrument and any other instrument or document to the Secretary of State shall be treated as if they were or included references to the Scottish Ministers.
Article 3 of the Scotland Act 1998 (Commencement) Order 1998 appoints 1st July 1999 as the principal appointed day for the purposes of the Act.