2(1)A Minister of the Crown is an “appropriate authority” for the purposes of paragraph 1.U.K.
(2)The Scottish Ministers are an “appropriate authority” for the purposes of paragraph 1—
(a)if the Scottish Ministers (whether acting jointly or alone) made the provision, as mentioned in paragraph 1(1), by virtue of which the public authority has the relevant function,
(b)if the relevant function is a function of the Scottish Ministers, the First Minister or the Lord Advocate, or
(c)if the provision by virtue of which the public authority has the relevant function, if it were included in an Act of the Scottish Parliament, would be within the legislative competence of that Parliament (ignoring section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law and retained EU law).
(3)The Welsh Ministers are an “appropriate authority” for the purposes of paragraph 1—
(a)if the Welsh Ministers (whether acting jointly or alone) made the provision, as mentioned in paragraph 1(1), by virtue of which the public authority has the relevant function,
(b)if the relevant function is a function of the Welsh Ministers, or
(c)if the provision by virtue of which the public authority has the relevant function, if it were included in an Act of the National Assembly for Wales, would be within the legislative competence of that Assembly (ignoring section 108A(2)(e) of the Government of Wales Act 2006 so far as relating to EU law and retained EU law but including any provision that could be made only with consent of a Minister of the Crown).
(4)A Northern Ireland department is an “appropriate authority” for the purposes of paragraph 1—
(a)if a Northern Ireland department (whether acting jointly or alone) made the provision, as mentioned in paragraph 1(1), by virtue of which the public authority has the relevant function,
(b)if the relevant function is a function of a Northern Ireland devolved authority, or
(c)if the provision by virtue of which the public authority has the relevant function, if it were included in an Act of the Northern Ireland Assembly—
(i)would be within the legislative competence of that Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998), and
(ii)would not require the consent of the Secretary of State.