SCHEDULE 1 Powers of Devolved Authorities under Sections 12, 13 and 14
European Union (Withdrawal Agreement) Act 2020 (2020 c 1) | Legislation

SCHEDULE 1 Powers of Devolved Authorities under Sections 12, 13 and 14

Sections 12, 13 and 14

No power to make provision outside devolved competence

1

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.

2

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 . . ., 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 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 (. . . 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

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