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Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020
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PART 1Scope of the power of a Minister of the Crown acting alone or jointly
1No provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament may be made—
(a)by the Secretary of State or the Treasury acting alone, or
(b)by a Minister of the Crown acting jointly with a Northern Ireland department,
in regulations under section 6, unless that provision is merely incidental to, or consequential on, provision that would be outside that legislative competence.
2In considering, for the purposes of paragraph 1, whether a provision would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament, no account is to be taken of section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law.
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