(1)A provision or function is within devolved competence for the purpose of section 3, 4, 5(5), 6(3), 9 or 10 if it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly enacted on the day this section comes into force.
(2)A provision is within devolved competence for the purpose of sections 11, 14 and 15 if it would be within the legislative competence of the National Assembly for Wales to include the provision in—
(a)an Act of the Assembly enacted without the consent of a Minister of the Crown on the day this section comes into force, and
(b)if section 3 of the Wales Act 2017 is in force, an Act of the Assembly enacted without the consent of a Minister of the Crown under the provisions of the Government of Wales Act 2006 substituted by section 3 of the Wales Act 2017 as they were enacted by the 2017 Act.