http://www.legislation.gov.uk/id/ukpga/2020/29/schedule/5

SCHEDULES

SCHEDULE 5Regulations under this Act

PART 2General restrictions on certain powers of devolved authorities

Meaning of devolved competence

25

A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—

a

the provision, if it were contained in an Act of the Northern Ireland Assembly—

i

would be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998), and

ii

would not require the consent of the Secretary of State,

b

the provision—

i

amends or repeals Northern Ireland legislation, and

ii

would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998) and require the consent of the Secretary of State, or

c

the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone (ignoring section 24(1)(b) and (3) of the Northern Ireland Act 1998).