Schedule 1
Provision relating to devolved authorities and Senedd Cymru
Restrictions on devolved authorities
1
(1) No provision may be made by a devolved authority acting alone in regulations under section 1 unless the provision is within the devolved competence of the devolved authority.
(2) See paragraphs 5 to 7 for the meaning of “devolved competence”.
2
(1) The consent of a Minister of the Crown is required before any provision is made by the Welsh Ministers acting alone in regulations under section 1 so far as that provision, if contained in an Act of Senedd Cymru, would require the consent of a Minister of the Crown.
(2) The consent of the Secretary of State is required before any provision is made by a Northern Ireland department acting alone in regulations under section 1 so far as that provision, if contained in an Act of the Northern Ireland Assembly, would require the consent of the Secretary of State.
(3) Sub-paragraph (1) or (2) does not apply if—
(a)
(a) the provision could be contained in subordinate legislation made otherwise than under section 1 by the Welsh Ministers acting alone or (as the case may be) a Northern Ireland devolved authority acting alone, and
(b)
(b) no such consent would be required in that case.
(4) The consent of a Minister of the Crown is required before any provision is made by a devolved authority acting alone in regulations under section 1 so far as that provision, if contained in—
(a)
(a) subordinate legislation made otherwise than under section 1 by the devolved authority, or
(b)
(b) subordinate legislation not falling within paragraph (a) and made otherwise than under section 1 by (in the case of Scotland) the First Minister or Lord Advocate acting alone or (in the case of Northern Ireland) a Northern Ireland devolved authority acting alone,
would require the consent of a Minister of the Crown.
(5) Sub-paragraph (4) does not apply if—
(a)
(a) the provision could be contained in—
(i) an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the case may be) an Act of the Northern Ireland Assembly, or
(ii) different subordinate legislation of the kind mentioned in sub-paragraph (4)(a) or (b), and
(b)
(b) the consent of a Minister of the Crown would not be required in that case.
3
(1) No regulations may be made under section 1 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 section 1 is exercisable by—
(a)
(a) the Scottish Ministers acting jointly with a Minister of the Crown, or
(b)
(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 may be made under section 1 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 section 1 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 may be made under section 1 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 section 1 is exercisable by—
(a)
(a) a Northern Ireland department acting jointly with a Minister of the Crown, or
(b)
(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)
(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)
(b) different subordinate legislation made otherwise than under section 1 by—
(i) the Scottish Ministers, the First Minister or the Lord Advocate acting alone,
(ii) the Welsh Ministers acting alone, or
(iii) (as the case may be), a Northern Ireland devolved authority acting alone.
4
(1) No regulations may be made under section 1 by the Welsh Ministers acting alone, so far as they contain provision which, if contained in an Act of Senedd Cymru, would require consultation with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.
(2) No regulations may be made under section 1 by the Scottish Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under section 1 is exercisable by the Scottish Ministers, the First Minister or the Lord...
