Devolved legislative competence
This paragraph (or sub-paragraphs) have been updated, added or deleted since publication of the 2019 edition. Any sub-paragraphs updated since the 2019 edition can be highlighted by clicking ‘Highlight updates’ below. The most recent updates to this publication were made on August 2021. See the summaries and schedules for each successive update from the Home page.
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