Schedule 4, paragraph 5(6)

Sub-paragraph (2), (3) or (4) does not apply if— the provision could be contained in different subordinate legislation made otherwise than under this Act by— the Scottish Ministers, the First Minister or the Lord Advocate acting alone, the Welsh Ministers acting alone, or (as the case may be) a Northern Ireland devolved authority acting alone, and there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.

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Source: legislation.gov.uk · retrieved 2026-07-30