Meaning of devolved competence: Part 1AU.K.
[F111EA provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—
(a)it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (ignoring, in the case of regulations made under this Part before exit day, section 108A(2)(e) of the Government of Wales Act 2006 so far as relating to 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 acting alone (ignoring, in the case of regulations made under this Part before exit day, section 80(8) of the Government of Wales Act 2006 so far as relating to EU law).]
Textual Amendments
F1Sch. 2 Pt. 1A inserted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 4, 42(6)(a) (with s. 38(3), Sch. 5 para. 66)