SCHEDULES
SCHEDULE 1Restrictions on devolved authorities
Meaning of devolved competence
I16
A 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 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 F2....
I27
A provision is within the devolved competence of the Welsh Ministers if—
a
it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (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 F4....
I38
A provision is within the devolved competence of a Northern Ireland department 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 F7....