Healthcare (International Arrangements) Act 2019
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Change 1
5 Requirement for consultation with devolved authorities
(1) Before making regulations under section 2 that contain provision which is within the legislative competence of a devolved legislature, the Secretary of State must consult the relevant devolved authority on that provision. (2) In this section— “devolved authority” means the Scottish Ministers, the Welsh Ministers or a Northern Ireland department; “devolved legislature” means the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly. (3) A provision is within the legislative competence of a devolved legislature if— (a) it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of the Scottish Parliament; (b) it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (including any provision that could only be made with the consent of a Minister of the Crown); or (c) the provision, if it were contained in an Act of the Northern Ireland Assembly— (i) would be within the legislative competence of the Assembly, and (ii) would not require the consent of the Secretary of State.
5 Requirement for consultation with devolved authorities
(1) Before making regulations under section 2 that contain provision which is within the legislative competence of a devolved legislature, the Secretary of State must consult the relevant devolved authority on that provision. (2) In this section— “devolved authority” means the Scottish Ministers, the Welsh Ministers or a Northern Ireland department; “devolved legislature” means the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly. (3) A provision is within the legislative competence of a devolved legislature if— (a) it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of the Scottish Parliament; (b) it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (including any provision that could only be made with the consent of a Minister of the Crown); or (c) the provision, if it were contained in an Act of the Northern Ireland Assembly— (i) would be within the legislative competence of the Assembly, and (ii) would not require the consent of the Secretary of State.
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