2(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.
Commencement Information
I1Sch. 4 para. 2 in force at Royal Assent, see s. 22(1)(e)