3(1)Paragraph 2 does not apply to modifications which—U.K.
(a)are incidental to, or consequential on, provision made (whether by virtue of the Act in question or another enactment) which does not relate to reserved matters, and
(b)do not have a greater effect on reserved matters than is necessary to give effect to the purpose of the provision.
(2)In determining for the purposes of sub-paragraph (1)(b) what is necessary to give effect to the purpose of a provision, any power to make laws other than the power of the Parliament is to be disregarded.
[F1(3)Sub-paragraph (1) does not affect the application of paragraph 2 to modifications which are incidental to, or consequential on, any provision, if it is only by virtue of exception 10 of Section F1 of Part 2 of Schedule 5 that the provision does not relate to reserved matters.]
Textual Amendments
F1Sch. 4 para. 3(3) inserted (5.9.2016) by Scotland Act 2016 (c. 11), ss. 28(5), 72(4)(b); S.I. 2016/759, reg. 3(e)