There are currently no known outstanding effects for the Trade Act 2021, Cross Heading: Meaning of devolved competence.
6U.K.A provision is within the devolved competence of the Scottish Ministers if—
(a)it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament F1..., or
(b)it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate F2....
Textual Amendments
F1Words in Sch. 1 para. 6(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), 9(2)(a)(i)
F2Words in Sch. 1 para. 6(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), 9(2)(a)(ii)
Commencement Information
I1Sch. 1 para. 6 in force at 6.5.2021 by S.I. 2021/550, reg. 2(f)
7U.K.A provision is within the devolved competence of the Welsh Ministers if—
(a)it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (F3... 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 F4....
Textual Amendments
F3Words in Sch. 1 para. 7(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), 9(2)(b)(i)
F4Words in Sch. 1 para. 7(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), 9(2)(b)(ii)
Commencement Information
I2Sch. 1 para. 7 in force at 6.5.2021 by S.I. 2021/550, reg. 2(f)
8U.K.A provision is within the devolved competence of a Northern Ireland department 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 F5..., 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 F6... 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 F7....
Textual Amendments
F5Words in Sch. 1 para. 8(a)(i) 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), 9(2)(c)
F6Words in Sch. 1 para. 8(b)(ii) 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), 9(2)(c)
F7Words in Sch. 1 para. 8(c) 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), 9(2)(c)
Commencement Information
I3Sch. 1 para. 8 in force at 6.5.2021 by S.I. 2021/550, reg. 2(f)
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