Meaning of devolved competenceU.K.
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 (ignoring section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law and retained EU law), or
(b)it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate (ignoring section 57(2) of the Scotland Act 1998 so far as relating to EU law and section 57(4) of that Act).
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 (ignoring section 108A(2)(e) of the Government of Wales Act 2006 so far as relating to EU law and retained EU law but 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 (ignoring section 80(8) of the Government of Wales Act 2006).
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 (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 (ignoring section 24(1)(b) and (3) of the Northern Ireland Act 1998).
Commencement Information
I3Sch. 1 para. 8 in force at 6.5.2021 by S.I. 2021/550, reg. 2(f)