Paragraph 11D Meaning of devolved competence: Part 1AF1
A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—
it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament (ignoring, in the case of regulations made under this Part before exit day, section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law), or
it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone (ignoring, in the case of regulations made under this Part before exit day, section 57(2) of the Scotland Act 1998 so far as relating to EU law).
Annotations
Textual amendments
- F1
Sch. 2 Pt. 1A inserted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 4, 42(6)(a) (with s. 38(3), Sch. 5 para. 66)