5A provision is within the devolved competence of the Scottish Ministers 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.
Commencement Information
I1Sch. 13 para. 5 in force at 26.12.2023 for specified purposes, see s. 255(5)
I2Sch. 13 para. 5 in force at 31.3.2024 in so far as not already in force by S.I. 2024/389, reg. 2(s)