Schedule 2: Further provision about the scope of the power under section 6
Part 1: Scope of the Power of a Minister of the Crown acting jointly or alone
- No power to make provision within Scottish legislative competence – Paragraph 1 provides that a Minister of the Crown acting alone or jointly with a Northern Ireland department cannot include anything in regulations made under section 6 that would be within the legislative competence of the Scottish Parliament (unless it was an incidental or consequential provision). Paragraph 2 provides that when determining whether provision is within the legislative competence of the Scottish Parliament, not to take into account section 29(2)(d) of the Scotland Act as it relates to EU law.
Part 2: Scope of the Power of a Northern Ireland Department acting alone
- No power to make provision outside devolved competence - Paragraph 3 states a Northern Ireland department can only legislate alone if the provision is within its devolved competence of the Northern Ireland department (‘devolved competence’). Paragraph 4 sets out what is within devolved competence for the purposes of this Schedule.
- Requirement for consent where it would otherwise be required - Paragraph 5 sets out that if a Northern Ireland department is using the power in a way that would require consent if it were a provision in its own legislation, or where a Northern Ireland department would normally require consent from the UK Government to make such a provision in secondary legislation, then that consent will still be required. This will not apply if a Northern Ireland department has the power to make such provision without needing UK Government consent.
- Requirement for joint exercise where it would otherwise be required - Paragraph 6 sets out that where a Northern Ireland department would normally only be able to make legislation jointly with the UK Government, a Northern Ireland department will still have to make such legislation jointly when exercising the power.
- Requirement for consultation where it would otherwise be required - Paragraph 7 requires consultation with the UK Government on legislation made by a Northern Ireland department in exercise of the power where a Northern Ireland department would normally be required to consult the UK Government. Paragraph 8 provides for an interpretation provision for Part 2 of Schedule 2.
Part 3: Transitional Provision
- Transitional Provisions - Paragraph 9 disapplies section 24(1)(b) of the Northern Ireland Act 1998 (restriction on acting incompatibly with EU law) so far as relating to EU law in relation to regulations made under section 6.
