Clause 11: Retaining EU restrictions in devolution legislation etc.

130 The Scotland Act 1998 currently requires the Scottish Parliament to legislate in a way that is compatible with EU law. Subsection (1) amends the Scotland Act 1998 to define the competence of the Scottish Parliament by reference to retained EU law. The amendments will replace the former requirement with a provision which means that it is outside the competence of the Scottish Parliament to modify retained EU law in a way which would not have been compatible with EU law immediately before exit. This legislative competence test is subject to any exceptions which may be prescribed by Order in Council.

131 Subsections (2) and (3) make equivalent provision in respect of the Government of Wales Act 2006 and Northern Ireland Act 1998 and apply the same legislative competence test to the National Assembly for Wales and the Northern Ireland Assembly. As above, exceptions can be prescribed by Order in Council.

132 Subsection (4) provides for Part 1 of Schedule 3 to have effect, which establishes the new test for executive competence. Subsection (5) provides for Part 2 of Schedule 3 to have effect, which makes other amendments to the devolution legislation.