3(1)No regulations may be made under Chapter 1 of Part 3 or Part 6 by the Scottish Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Scottish Ministers acting jointly with a Minister of the Crown, unless the regulations are, to that extent, made jointly with the Secretary of State.
(2)No regulations may be made under Chapter 1 of Part 3 or Part 6 by the Welsh Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers acting jointly with a Minister of the Crown, unless the regulations are, to that extent, made jointly with the Secretary of State.
(3)No regulations may be made under Chapter 1 of Part 3 or Part 6 by a Northern Ireland department, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—
(a)a Northern Ireland department acting jointly with a Minister of the Crown, or
(b)another Northern Ireland devolved authority acting jointly with a Minister of the Crown,
unless the regulations are, to that extent, made jointly with the Secretary of State.
(4)Sub-paragraph (1), (2) or (3) does not apply if the provision could be contained in—
(a)an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the case may be) an Act of the Northern Ireland Assembly without the need for the consent of a Minister of the Crown, or
(b)different subordinate legislation made otherwise than under this Act by—
(i)the Scottish Ministers acting alone,
(ii)the Welsh Ministers acting alone, or
(iii)(as the case may be), a Northern Ireland devolved authority acting alone.
Commencement Information
I1Sch. 13 para. 3 in force at 26.12.2023 for specified purposes, see s. 255(5)
I2Sch. 13 para. 3 in force at 31.3.2024 in so far as not already in force by S.I. 2024/389, reg. 2(s)