Schedules
Schedule 4Regulations: restrictions on powers of devolved authorities
I12No power to make provision outside devolved competence
1
Provision may be made in regulations to which this Schedule applies by a devolved authority acting alone only if the provision is within the devolved competence of the devolved authority.
2
A provision is within the devolved competence of the Scottish Ministers for the purposes of this paragraph if—
a
it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament, or
b
it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone.
3
A provision is within the devolved competence of the Welsh Ministers for the purposes of this paragraph if—
a
it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006), or
b
it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone.
4
A provision is within the devolved competence of a Northern Ireland department for the purposes of this paragraph if—
a
it would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly and it would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998, or
b
it is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone.