European Union (Withdrawal) Act 2018

Meaning of devolved competence: Part 1

10 (1) A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—

(a) the provision, if it were contained in an Act of the Northern Ireland Assembly—

(i) would be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998), and

(ii) would not require the consent of the Secretary of State,

(b) the provision—

(i) amends or repeals Northern Ireland legislation, and

(ii) would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998) and require the consent of the Secretary of State, or

(c) the provision meets the conditions in sub-paragraph (2).

(2) The conditions are—

(a) the provision—

(i) amends or revokes subordinate legislation made before exit day by a Northern Ireland devolved authority acting alone, or

(ii) makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,

(b) the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,

(c) the provision only forms part of the law of Northern Ireland,

(d) the provision does not confer or remove functions exercisable otherwise than in or as regards Northern Ireland,

(e) the provision does not modify any enactment so far as the enactment cannot, by virtue of section 7 of the Northern Ireland Act 1998, be modified by an Act of the Northern Ireland Assembly, and

(f) the provision does not deal with, or otherwise relate to, a matter to which paragraph 22 of Schedule 2, or paragraph 42 of Schedule 3, to the Northern Ireland Act 1998 applies.