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European Union (Withdrawal) Act 2018

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Requirement for joint exercise where it would otherwise be requiredE+W+S+N.I.

6(1)No regulations may be made under this Part by the Scottish Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—E+W+S+N.I.

(a)the Scottish Ministers acting jointly with a Minister of the Crown, or

(b)the First Minister or Lord Advocate acting jointly with a Minister of the Crown,

unless the regulations are, to that extent, made jointly with the Minister of the Crown.

(2)No regulations may be made under this Part by the Welsh Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers acting jointly with a Minister of the Crown, unless the regulations are, to that extent, made jointly with the Minister of the Crown.

(3)No regulations may be made under this Part by a Northern Ireland department, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—

(a)a Northern Ireland department acting jointly with a Minister of the Crown, or

(b)another Northern Ireland devolved authority acting jointly with a Minister of the Crown,

unless the regulations are, to that extent, made jointly with the Minister of the Crown.

(4)Sub-paragraph (1), (2) or (3) does not apply if the provision could be contained in—

(a)an Act of the Scottish Parliament, an Act of the National Assembly for Wales or (as the case may be) an Act of the Northern Ireland Assembly without the need for the consent of a Minister of the Crown, or

(b)different subordinate legislation made otherwise than under this Act by—

(i)the Scottish Ministers, the First Minister or the Lord Advocate acting alone,

(ii)the Welsh Ministers acting alone, or

(iii)(as the case may be), a Northern Ireland devolved authority acting alone.

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