Explanatory Notes

Part 1: Corresponding provision in relation to executive competence

190 Part 1 establishes the new test for executive competence, which accompanies the legislative competence test provided for in clause 11.

Scotland Act 1998

191 Paragraph 1 makes provision in relation to the existing limit in section 57(2) Scotland Act 1998 on a member of the Scottish Government making secondary legislation or otherwise acting incompatibly with EU law. Paragraph 1 amends this limit so that it applies to the power of a member of the Scottish Government to make, confirm or approve any secondary legislation modifying retained EU law. Paragraph 1(b) provides that a member of the Scottish Government may not make such a modification unless it would be within the legislative competence of the Scottish Parliament. This limit on executive competence is subject to the exception that a member of the Scottish Government may exercise the powers to make regulations under Schedule 2 or 4. This new executive competence test is also subject to any exceptions which may be prescribed by Order in Council.

Government of Wales Act 2006, Northern Ireland Act 1998

192 Paragraphs 2 and 3 make equivalent provision in respect of the Government of Wales Act 2006 and the Northern Ireland Act 1998 to give effect to the new test for executive competence.

 

Prepared 13th July 2017