Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020

Requirement for consent where it would otherwise be required U.K.

5 (1) 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 6 so far as that provision, if contained in an Act of the Northern Ireland Assembly, would require the consent of the Secretary of State. U.K.

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

(a) the provision could be contained in subordinate legislation made otherwise than under this Act by a Northern Ireland devolved authority acting alone, and

(b) no such consent would be required in that case.

(3) The consent of a Minister of the Crown is required before any provision is made by a Northern Ireland department acting alone in regulations under section 6 so far as that provision, if contained in—

(a) subordinate legislation made otherwise than under this Act by the Northern Ireland department, or

(b) subordinate legislation not falling within paragraph (a) and made otherwise than under this Act by a Northern Ireland devolved authority acting alone,

would require the consent of a Minister of the Crown.

(4) Sub-paragraph (3) does not apply if—

(a) the provision could be contained in—

(i) an Act of the Northern Ireland Assembly, or

(ii) different subordinate legislation of the kind mentioned in sub-paragraph (3)(a) or (b) and of a Northern Ireland department acting alone or, as the case may be, a Northern Ireland devolved authority acting alone, and

(b) no such consent would be required in that case.

Commencement Information

I1 Sch. 2 para. 5 in force at 14.11.2020 by S.I. 2020/1279, reg. 2(c)