2U.K.A provision is within the devolved competence of the Scottish Ministers for the purposes of this Schedule if—
(a)it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament F1..., 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 F2....
Textual Amendments
F1Words in Sch. 1 para. 2(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), 7(2)(a)(i)
F2Words in Sch. 1 para. 2(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), 7(2)(a)(ii)
Commencement Information
I1Sch. 1 para. 2 in force at 19.5.2020 by S.I. 2020/518, reg. 2(o)