Part 1: Scope of the Power of a Minister of the Crown acting jointly or alone
No power to make provision within Scottish legislative competence – Paragraph 1 provides that a Minister of the Crown acting alone or jointly with a Northern Ireland department cannot include anything in regulations made under section 6 that would be within the legislative competence of the Scottish Parliament (unless it was an incidental or consequential provision). Paragraph 2 provides that when determining whether provision is within the legislative competence of the Scottish Parliament, not to take into account section 29(2)(d) of the Scotland Act as it relates to EU law.