European Union (Withdrawal Agreement) Act 2020

No power to make provision outside devolved competenceU.K.

1U.K.No provision may be made by a devolved authority acting alone in regulations under section 12, 13 or 14 unless the provision is within the devolved competence of the devolved authority.

2U.K.A provision is within the devolved competence of the Scottish Ministers for the purposes of this Schedule if—

(a)it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament F1..., 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 F2....

3U.K.A provision is within the devolved competence of the Welsh Ministers for the purposes of this Schedule if—

(a)it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (F3... including any provision that could be made only with the consent of a Minister of the Crown), or

(b)it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone F4....

4U.K.A provision is within the devolved competence of a Northern Ireland department for the purposes of this Schedule if—

(a)the provision, if it were contained in an Act of the Northern Ireland Assembly—

(i)would be within the legislative competence of the Assembly F5..., and

(ii)would not require the consent of the Secretary of State,

(b)the provision—

(i)amends or repeals Northern Ireland legislation, and

(ii)would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly F6... and require the consent of the Secretary of State, or

(c)the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone F7....