5(1)No regulations may be made under section 1(1) or 2(1) by the Welsh Ministers acting alone, so far as they contain provision which, if contained in an Act of Senedd Cymru, would require consultation with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.
(2)No regulations may be made under section 1(1) or 2(1) by the Scottish Ministers acting alone, 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 Scottish Ministers, the First Minister or the Lord Advocate after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.
(3)No regulations may be made under section 1(1) or 2(1) by the Welsh Ministers acting alone, 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 after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.
(4)No regulations may be made under section 1(1) or 2(1) by a Northern Ireland department acting alone, 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 Northern Ireland devolved authority after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.
(5)Sub-paragraph (2), (3) or (4) does not apply if—
(a)the provision could be contained in an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the case may be) an Act of the Northern Ireland Assembly, and
(b)there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.
(6)Sub-paragraph (2), (3) or (4) does not apply if—
(a)the provision could be contained in 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, and
(b)there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.