CHAPTER IV

GENERAL, TRANSITIONAL AND FINAL PROVISIONS

Regulations: general
Article 25
1
Any power to make regulations under this Regulation is exercisable by:
a
the Secretary of State:
i
in the case of regulations made under Article 27 concerning a subject matter that is outside of the devolved competence of the Scottish Ministers and the Welsh Ministers, in relation to Great Britain;
ii
otherwise in relation to England:
b
the Scottish Ministers in relation to Scotland:
i
in the case of regulations made under Article 27 concerning a subject matter that is within the devolved competence of the Scottish Ministers;
ii
in the case of regulations made under any other article of this Regulation;
c
the Welsh Ministers in relation to Wales;
i
in the case of regulations made under Article 27 concerning a subject matter that is within the devolved competence of the Welsh Ministers;
ii
in the case of regulations made under any other article of this Regulation.
2
But the power to make regulations may be exercised by the Secretary of State for the whole or part of Great Britain in the case of regulations to which paragraph 3 applies if consent is given by:
a
the Scottish Ministers to the extent that the for the regulations will apply in relation to Scotland;
b
the Welsh Ministers to the extent that the regulations will apply in relation to Wales.
3
This paragraph applies to:
a
regulations that may be made under Article 27 concerning a subject matter that is within the devolved competence of the Scottish Ministers, in relation to Scotland, and the devolved competence of the Welsh Ministers, in relation to Wales;
b
regulations that may be made under any other article of this Regulation.
4.
For the purposes of this Article:
a
it is within the devolved competence of the Scottish Ministers to make any provision by regulations under Article 27 in relation to Scotland that would be within the legislative competence of the Scottish Parliament if it were included in an Act of the Parliament (see section 29 of the Scotland Act 1998);
b
it is within the devolved competence of the Welsh Ministers to make any provision by regulations under Article 27 in relation to Wales that would be within the legislative competence of Senedd Cymru if it were included in an Act of Senedd Cymru (see section 108A of the Government of Wales Act 2006),
c
in relation to regulations made under Article 27, ‘outside of devolved competence’ is to be construed, in relation to the Secretary of State, as meaning anything that is not within the devolved competence of the Scottish Ministers or Welsh Ministers by virtue of points (a) and (b) respectively.
Arts. 25-25c substituted for Art. 25 (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(14), Sch. 1