Schedules

Schedule 4Regulations: restrictions on powers of devolved authorities

I14Requirement for joint exercise where it would otherwise be required

1

No regulations to which this Schedule applies may be made by the Scottish Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—

a

the Scottish Ministers acting jointly with a Minister of the Crown, or

b

the First Minister or Lord Advocate acting jointly with a Minister of the Crown,

unless the regulations are, to that extent, made jointly with the Minister of the Crown.

2

No regulations to which this Schedule applies may be made by the Welsh Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers acting jointly with a Minister of the Crown, unless the regulations are, to that extent, made jointly with the Minister of the Crown.

3

No regulations to which this Schedule applies may be made by a Northern Ireland department, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—

a

a Northern Ireland department acting jointly with a Minister of the Crown, or

b

another Northern Ireland devolved authority acting jointly with a Minister of the Crown,

unless the regulations are, to that extent, made jointly with the Minister of the Crown.

4

Sub-paragraph (1), (2) or (3) does not apply if the provision could be contained in—

a

an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the case may be) an Act of the Northern Ireland Assembly without the need for the consent of a Minister of the Crown, or

b

different subordinate legislation made otherwise than under this Act by—

i

the Scottish Ministers, the First Minister or the Lord Advocate acting alone,

ii

the Welsh Ministers acting alone, or (as the case may be)

iii

a Northern Ireland devolved authority acting alone.