Legislation – United Kingdom Internal Market Act 2020

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PART 4Independent advice on and monitoring of UK internal market

Interpretation

45Interpretation of Part 4

(1)

This section applies for the purposes of this Part.

(2)

“The CMA” has the meaning given by section 30(10).

(3)

References to the “operation of the internal market in the United Kingdom” are to be read as including a reference to aspects of its operation, for example its operation in relation to a particular description of goods or services or in a particular area or region of the United Kingdom.

(4)

“Regulatory provision” has the meaning given by section 30(8).

(5)

“Relevant competence” means—

(a)

in relation to the Scottish Ministers, Scottish devolved competence;

(b)

in relation to the Welsh Ministers, Welsh devolved competence;

(c)

in relation to a Northern Ireland department, Northern Ireland devolved competence;

(d)

in relation to the Secretary of State, reserved competence.

(6)

“Relevant national authority” means any of the following—

(a)

the Secretary of State;

(b)

the Scottish Ministers;

(c)

the Welsh Ministers;

(d)

a Northern Ireland department.

(7)

“Scottish devolved competence”, “Welsh devolved competence”, “Northern Ireland devolved competence” and “reserved competence” are to be interpreted in accordance with subsections (8) to (11).

(8)

A regulatory provision, so far as applying to Scotland—

(a)

is within Scottish devolved competence if it—

(i)

would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament, or

(ii)

is provision which could be made in subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone;

(b)

otherwise, is within reserved competence.

(9)

A regulatory provision, so far as applying to Wales—

(a)

is within Welsh devolved competence if it—

(i)

would be within the legislative competence of Senedd Cymru if contained in an Act of Senedd Cymru (assuming that any consent by a Minister of the Crown were given), or

(ii)

is provision which could be made in subordinate legislation by the Welsh Ministers acting alone;

(b)

otherwise, is within reserved competence.

(10)

A regulatory provision, so far as applying to Northern Ireland—

(a)

is within Northern Ireland devolved competence if it—

(i)

would be within the legislative competence of the Northern Ireland Assembly, and would not require the consent of the Secretary of State, if contained in an Act of that Assembly,

(ii)

is contained in, or was made under, Northern Ireland legislation, and would be within the legislative competence of the Northern Ireland Assembly, and would require the consent of the Secretary of State, if contained in an Act of that Assembly, or

(iii)

is provision which could be made in subordinate legislation by the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department;

(b)

otherwise, is within reserved competence.

(11)

A regulatory provision, so far as applying to England, is within reserved competence.