Meaning of devolved competence: Part 1BU.K.
[F111JA provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—
(a)it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament F2..., or
(b)it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone F3....]
Textual Amendments
F1Sch. 2 Pt. 1B inserted (19.5.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 19, 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/518, reg. 2(h)
F2Words in Sch. 2 Pt. 1B para. 11J(a) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 6(3)(b)(i)(aa)
F3Words in Sch. 2 Pt. 1B para. 11J(b) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 6(3)(b)(i)(bb)