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Trade (Australia and New Zealand) Act 2023

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Trade (Australia and New Zealand) Act 2023, Paragraph 2 is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Requirement for consent where it would otherwise be requiredU.K.

This section has no associated Explanatory Notes

2(1)The consent of a Minister of the Crown is required before any provision is made by the Welsh Ministers acting alone in regulations under section 1 so far as that provision, if contained in an Act of Senedd Cymru, would require the consent of a Minister of the Crown.

(2)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 1 so far as that provision, if contained in an Act of the Northern Ireland Assembly, would require the consent of the Secretary of State.

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

(a)the provision could be contained in subordinate legislation made otherwise than under section 1 by the Welsh Ministers 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.

(4)The consent of a Minister of the Crown is required before any provision is made by a devolved authority acting alone in regulations under section 1 so far as that provision, if contained in—

(a)subordinate legislation made otherwise than under section 1 by the devolved authority, or

(b)subordinate legislation not falling within paragraph (a) and made otherwise than under section 1 by (in the case of Scotland) the First Minister or Lord Advocate acting alone or (in the case of Northern Ireland) a Northern Ireland devolved authority acting alone,

would require the consent of a Minister of the Crown.

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

(a)the provision could be contained in—

(i)an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the case may be) an Act of the Northern Ireland Assembly, or

(ii)different subordinate legislation of the kind mentioned in sub-paragraph (4)(a) or (b), and

(b)the consent of a Minister of the Crown would not be required in that case.

Commencement Information

I1Sch. 1 para. 2 in force at Royal Assent, see s. 4(2)

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