SCHEDULES
SCHEDULE 1Exclusions from market access principles
Threats to human, animal or plant health
I14
1
In paragraphs 1 and 2, “responsible administration” is to be interpreted in accordance with sub-paragraphs (2) to (5).
2
The responsible administration is the Scottish Ministers if—
a
the restricting part is Scotland, and
b
the provision contained in the legislation in question, so far as it applies in Scotland—
i
would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament, or
ii
is provision which could be made in subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone.
3
The responsible administration is the Welsh Ministers if—
a
the restricting part is Wales, and
b
the provision contained in the legislation in question, so far as it applies in Wales—
i
would be within the legislative competence of Senedd Cymru if contained in an Act of Senedd Cymru (assuming that any consent by a Minister of the Crown were given), or
ii
is provision which could be made in subordinate legislation by the Welsh Ministers acting alone.
4
The responsible administration is a Northern Ireland department if—
a
the restricting part is Northern Ireland, and
b
the provision contained in the legislation in question, so far as it applies in Northern Ireland—
i
would be within the legislative competence of the Northern Ireland Assembly, and would not require the consent of the Secretary of State, if contained in an Act of that Assembly,
ii
is contained in, or was made under, Northern Ireland legislation, and would be within the legislative competence of the Northern Ireland Assembly, and would require the consent of the Secretary of State, if contained in an Act of that Assembly,
iii
is provision which could be made in subordinate legislation by the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department.
5
In any other case the responsible administration is the Secretary of State.
6
In paragraphs 1 and 2, “the other administrations” means each of the Scottish Ministers, the Welsh Ministers, a Northern Ireland department and the Secretary of State, other than the responsible administration.