35.—(1) In this Part, “the appropriate authority” means, subject to paragraph (2)—
(a)in relation to England, the Secretary of State;
(b)in relation to Wales, the Welsh Ministers;
(c)in relation to Scotland, the Scottish Ministers.
(2) The appropriate authority is the Secretary of State—
(a)in relation to any functions exercisable in relation to a matter which is outside devolved competence; or
(b)in any other case, if consent is given—
(i)in the case of functions conferred, or any provision in regulations applying, in relation to Wales, by the Welsh Ministers;
(ii)in the case of functions conferred, or any provision in regulations applying, in relation to Scotland, by the Scottish Ministers.
(3) For the purposes of paragraph (1), a provision is “outside devolved competence”—
(a)in relation to Wales, if it would not be within the legislative competence of Senedd Cymru if it were contained in an Act of Senedd Cymru (assuming, in the case of provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975 M1, that such consent were given);
(b)in relation to Scotland, if it would not be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
Commencement Information
I1Reg. 35 in force at 31.12.2020 on IP completion day, see reg. 1(2)
Marginal Citations