SCHEDULE 2Further provision about the scope of the power under section 6
PART 2Scope of the power of a Northern Ireland department acting alone
No power to make provision outside devolved competence
4
A provision is within the devolved competence of a Northern Ireland department for the purposes of this Schedule 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 (ignoring section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law), 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 (ignoring section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law) 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 (ignoring section 24(1)(b) of the Northern Ireland Act 1998).