Devolved legislative competence

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27.12The second criterion for certification in respect of an instrument and initial certification in respect of a bill was that the bill, bill provision or instrument ‘is within devolved legislative competence.’ This term was defined by reference to the ability of the Scottish Parliament or the Northern Ireland Assembly (or the National Assembly for Wales, in relation to a provision or instrument relating exclusively to England) to ‘make corresponding provision’ for the relevant territory.1 For this criterion to be met, a bill as a whole, a provision or an instrument had to be within the competence of at least one of those legislatures, so that it was possible for this criterion to be met where the Northern Ireland Assembly had competence, but the Scottish Parliament did not.2


  1. 1. SO No 83J(3)–(4). The National Assembly for Wales is now usually referred to as Senedd Cymru.
  2. 2. Public Bill Office Memorandum for Procedure Committee inquiry into EVEL – Technical review (EVL 14), paras 26–27.