Schedule 1: Powers of devolved authorities under sections 12, 13 and 14 No power to make provision outside devolved competence
Paragraph 1 provides that the powers in respect of social security co-ordination, recognition of professional qualifications and equal treatment under sections 12, 13 or 14 cannot be used outside of devolved competence, where exercised by devolved authorities acting alone. This maintains the status quo in respect of the competence of the devolved authorities and ability to act in these areas.
	Paragraph 2 relates to the competence of Scottish Ministers. Sub-paragraph (a) relates to legislative competence and sets out that the Scottish Ministers may exercise these powers where the Scottish Parliament has legislative competence. The definition of ‘legislative competence’ for the purposes of exercising these powers disapplies the normal restriction on the Scottish Parliament’s competence, which prevents the Scottish Parliament from legislating in a way that is incompatible with EU law. This disapplication is necessary to enable the Scottish Ministers to make all necessary regulations under these powers in devolved areas.
	Sub-paragraph (b) relates to those secondary legislation-making powers which are not within legislative competence but are within the executive competence of the Scottish Ministers. The definition of ‘executive competence’ for the purposes of exercising these powers disapplies the normal restriction on the Scottish Ministers’ competence which prevents the Scottish Ministers from legislating in a way that is incompatible with EU law. The restrictions relating to retained EU law are also disapplied for the purposes of defining legislative and executive competence.
	Paragraph 3 relates to the competence of the Welsh Ministers and makes the same provision for the Welsh Ministers as for the Scottish Ministers as set out in paragraph 2. The Welsh Ministers will be able to exercise these powers in areas within the National Assembly for Wales’ legislative competence (disapplying the restrictions preventing the National Assembly for Wales from legislating in a way that is incompatible with EU law or from modifying retained EU law) and to amend legislation which has been made under their executive competence.
	Paragraph 4 relates to the competence of Northern Ireland departments. Sub-paragraph (a) deals with transferred matters, providing that Northern Ireland devolved authorities may make regulations using the power in any areas which would be within the Northern Ireland Assembly’s legislative competence and which would not require consent of the Secretary of State for Northern Ireland. Sub-paragraph (b) deals with reserved matters, providing that where Northern Ireland legislation has previously been made in relation to reserved matters, Northern Ireland departments and Ministers will be able to use the power to amend this legislation. In both sub-paragraphs (a) and (b) the existing restrictions on legislative competence that would make it outside of legislative competence to act in a way that is incompatible with EU law, or to modify retained EU law, are disapplied in defining legislative competence for the purpose of these powers. Sub-paragraph (c) makes the same provision as for Scottish and Welsh Ministers so that Northern Ireland departments can exercise the power to amend legislation which has been made under their executive competence.