Moved by
Baroness Williams of Trafford
25: Clause 53, page 119, line 1, at end insert “section 28 or”
26: Clause 53, page 119, line 8, leave out “subsection (1)” and insert “subsections (1) to (3)”
27: Clause 53, page 119, line 11, leave out subsections (6) and (7) and insert—
“( ) Regulations under subsection (2) or (3) may not include provision of the kind mentioned in subsection (5) unless the provision is within legislative competence.
( ) For this purpose, a provision of regulations is within legislative competence if—
(a) in the case of regulations made by the Scottish Ministers, it would fall within the legislative competence of the Scottish Parliament if included in an Act of that Parliament;
(b) in the case of regulations made by the Department of Justice in Northern Ireland, it deals with a transferred matter.”