Health and Care Act 2022

94 Regulations under section 92: consent

(1) Before making regulations under section 92, the Secretary of State must—

(a) obtain the consent of the Scottish Ministers in relation to any provision which—

(i) would be within the legislative competence of the Scottish Parliament, if contained in an Act of that Parliament, and

(ii) is not merely incidental to, or consequential on, provision which would be outside that legislative competence;

(b) obtain the consent of the Welsh Ministers in relation to any provision which—

(i) would be within the legislative competence of Senedd Cymru, if contained in an Act of the Senedd, and

(ii) is not merely incidental to, or consequential on, provision which would be outside that legislative competence;

(c) obtain the consent of the Department of Health in Northern Ireland in relation to any provision which—

(i) would be within the legislative competence of the Northern Ireland Assembly, if contained in an Act of that Assembly, and

(ii) is not merely incidental to, or consequential on, provision which would be outside that legislative competence.

(2) Consent is not required under subsection (1)(c) in relation to any provision if—

(a) a Bill for an Act of the Northern Ireland Assembly containing the provision would require the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998, and

(b) the provision does not affect, other than incidentally, a transferred matter (within the meaning of that Act).