Schedules Schedule 1: Restrictions on devolved authorities Meaning of devolved competence
Paragraphs 6 to 8 define devolved competence for the purposes of exercising the power in sections 1 or 2. The definition of "legislative competence" for the purposes of exercising these powers disapplies the normal restriction on the devolved legislatures’ competence which prevents them from legislating in a way that is incompatible with EU law. This disapplication is necessary to enable devolved authorities to make all necessary regulations under this power in devolved areas. This is because exercise of these powers will inevitably require some changes that would be incompatible with EU law and therefore would be outside the normal legislative competence of the devolved legislatures.