CHAPTER I

Subject matter, scope and definitions

Meaning of appropriate authority
Article 2a
1
In this Regulation, ‘the appropriate authority’ means:
a
in the case of regulations applying in relation to England, the Secretary of State;
b
in the case of regulations applying in relation to Wales, the Welsh Ministers;
c
in the case of regulations applying in relation to Scotland, the Scottish Ministers.
2
But ‘the appropriate authority’ is the Secretary of State:
a
if consent is given:
i)
in the case of regulations applying in relation to Wales, by the Welsh Ministers;
ii)
in the case of regulations applying in relation to Scotland, by the Scottish Ministers; or
b
in relation to any provision in regulations applying in relation to Great Britain which is outside devolved competence.
3
For the purposes of paragraph 2, a provision is “outside devolved competence”:
a
in relation to Wales, if it would not be within the legislative competence of the Senedd Cymru if it were contained in an Act of the Senedd Cymru (assuming, in the case of provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975, that such consent were given);
b
in relation to Scotland, if it would not be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
Art. 2a inserted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 26(4) (with regs. 53, 55)