108 Consent and consultation

108  Consent and consultation

(1)     Before making regulations under section 103 or 104, the Secretary of State must—

(a)     obtain the consent of the Scottish Ministers in relation to any provision—

(i)     which would be within the legislative competence of the Scottish Parliament, if contained in an Act of that Parliament, and is not merely incidental to, or consequential on, provision which would be outside that legislative competence, or

(ii)     which modifies the functions of the Scottish Ministers;

(b)     obtain the consent of the Welsh Ministers in relation

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