Part 2 General Restrictions on Certain Powers of Devolved Authorities

Part 2 General Restrictions on Certain Powers of Devolved Authorities

No power to make provision outside devolved competence

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(1)     No provision may be made by a devolved authority acting alone in regulations under section 31, 32 or 33 unless the provision is within the devolved competence of the devolved authority.

(2)     See paragraphs 23 to 25 for the meaning of “devolved competence†for the purposes of this Part.

Requirement for consent where it would otherwise be required

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(1)     The consent of a Minister of the Crown is required before any provision is made by the Welsh Ministers acting alone in regulations under section 31, 32 or 33 so far as that provision, if contained in an Act of Senedd Cymru, would require the consent of a Minister of the Crown.

(2)     The consent of the Secretary of State is required before any provision is made by a Northern Ireland department acting alone in regulations under section 31, 32 or 33 so far as that provision, if contained in an Act of the Northern Ireland Assembly, would require the consent of the Secretary of State.

(3)     Sub-paragraph (1) or (2) does not apply if—

(a)     the provision

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