SCHEDULE 4 Regulations: Restrictions on Powers of Devolved Authorities
Retained EU Law (Revocation and Reform) Act 2023 (2023 c 28) | Legislation

SCHEDULE 4 Regulations: Restrictions on Powers of Devolved Authorities

Section 20

Introductory

1

This Schedule applies to regulations under this Act where the power to make the regulations is conferred on a relevant national authority.

No power to make provision outside devolved competence

2

(1)     Provision may be made in regulations to which this Schedule applies by a devolved authority acting alone only if 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 paragraph 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 paragraph if—

(a)     it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for consent of a Minister of the Crown imposed under

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