SCHEDULES
SCHEDULE 5Regulations under this Act
PART 2General restrictions on certain powers of devolved authorities
Requirement for joint exercise where it would otherwise be required
21
1
No regulations may be made under section 31, 32 or 33 by the Scottish Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—
a
the Scottish Ministers acting jointly with a Minister of the Crown, or
b
the First Minister or Lord Advocate acting jointly with a Minister of the Crown,
unless the regulations are, to that extent, made jointly with the Minister of the Crown.
2
No regulations may be made under section 31, 32 or 33 by the Welsh Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers acting jointly with a Minister of the Crown, unless the regulations are, to that extent, made jointly with the Minister of the Crown.
3
No regulations may be made under section 31, 32 or 33 by a Northern Ireland department, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—
a
a Northern Ireland department acting jointly with a Minister of the Crown, or
b
another Northern Ireland devolved authority acting jointly with a Minister of the Crown,
unless the regulations are, to that extent, made jointly with the Minister of the Crown.
4
Sub-paragraph (1), (2) or (3) does not apply if the provision could be contained in—
a
an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the case may be) an Act of the Northern Ireland Assembly without the need for the consent of a Minister of the Crown, or
b
different subordinate legislation made otherwise than under this Act by—
i
the Scottish Ministers, the First Minister or the Lord Advocate acting alone,
ii
the Welsh Ministers acting alone, or
iii
(as the case may be), a Northern Ireland devolved authority acting alone.