Meaning of devolved competence: Part 1AU.K.
[F111FA provision is within the devolved competence of a Northern Ireland department for the purposes of this Part 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, in the case of regulations made under this Part before exit day, section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law), 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, in the case of regulations made under this Part before exit day, section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law) 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 acting alone (ignoring, in the case of regulations made under this Part before exit day, section 24(1)(b) of the Northern Ireland Act 1998).]
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)