Paragraph 11L Meaning of devolved competence: Part 1BF1

A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part 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, F2..., 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 F3... 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 F4....

Annotations

Textual amendments

F1: Sch. 2 Pt. 1B inserted (19.5.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 19, 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/518, reg. 2(h)
F2: Words in Sch. 2 Pt. 1B para. 11L(a)(i) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 6(3)(b)(iii)
F3: Words in Sch. 2 Pt. 1B para. 11L(b)(ii) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 6(3)(b)(iii)
F4: Words in Sch. 2 Pt. 1B para. 11L(c) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 6(3)(b)(iii)