3U.K.A provision is within the devolved competence of the Welsh Ministers for the purposes of this Schedule if—
(a)it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (F1... including any provision that could be made only with the consent of a Minister of the Crown), or
(b)it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone F2....
Textual Amendments
F1Words in Sch. 1 para. 3(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)(b)(i)
F2Words in Sch. 1 para. 3(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)(b)(ii)
Commencement Information
I1Sch. 1 para. 3 in force at 19.5.2020 by S.I. 2020/518, reg. 2(o)