8(1)A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—U.K.
(a)it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament F1..., or
(b)it meets the conditions in sub-paragraph (2).
(2)The conditions are—
(a)the provision—
(i)amends or revokes subordinate legislation made before [F2IP completion day] by the Scottish Ministers, the First Minister or the Lord Advocate acting alone, or
(ii)makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,
(b)the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,
(c)the provision only forms part of the law of Scotland,
(d)the provision does not confer or remove functions exercisable otherwise than in or as regards Scotland, and
(e)the provision does not modify any enactment so far as the enactment cannot, by virtue of paragraph 1, 4 or 5 of Schedule 4 to the Scotland Act 1998, be modified by an Act of the Scottish Parliament.
Textual Amendments
F1Words in Sch. 2 para. 8(1)(a) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 6(3)(a)(ii)
F2Words in Sch. 2 para. 8(2)(a)(i) substituted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 27(7)(b), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(k)