p

‘appropriate authority’ means:

i

subject to point (ii), the relevant authority for the constituent nation in which the regulations apply;

ii

the Secretary of State:

aa

in relation to regulations made under Article 66(3) or (4), where the subject matter is outside devolved competence;

bb

in relation to Wales, for regulations made under Article 8, 20, 79(2), 84(6), 88 or 106(5) or (6) of this Regulation, if consent is given by the Welsh Ministers;

cc

in relation to Scotland, if consent is given by the Scottish Ministers;

dd

in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs;

For the purposes of point (ii)(aa), it is outside devolved competence to make any provision by subordinate legislation which would be outside the legislative competence of:

• in relation to Wales, the National Assembly for Wales, if it were included in an Act of the Assembly (see section 108A of the Government of Wales Act 2006);

• in relation to Scotland, the Scottish Parliament if it were included in an Act of the Parliament (see section 29 of the Scotland Act 1998);

• in relation to Northern Ireland, the Northern Ireland Assembly if it were included in an Act of the Assembly (see section 6 of the Northern Ireland Act 1998).