Paragraph 8 I1

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 F1..., 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 F2... 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 F3....

Annotations

Textual amendments

F1: Words in Sch. 1 para. 8(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), 9(2)(c)
F2: Words in Sch. 1 para. 8(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), 9(2)(c)
F3: Words in Sch. 1 para. 8(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), 9(2)(c)

Commencement

I1: Sch. 1 para. 8 in force at 6.5.2021 by S.I. 2021/550, reg. 2(f)