Moved by
Baroness Wheeler
105: After Clause 16, insert the following new Clause—
“Requirement for consultation with devolved authorities
(1) Before making regulations under section 16 that contain provision which is within the legislative competence of a devolved legislature, the Secretary of State must consult the relevant devolved authority on that provision and have regard to the views of that devolved authority.
(2) In this section—
“devolved authority” means the Scottish Ministers, the Welsh Ministers, Northern Ireland ministers or a Northern Ireland department; and
“devolved legislature” means the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly.
(3) A provision is within the legislative competence of a devolved legislature if—
(a) it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of the Scottish Parliament;
(b) it would be within the legislative competence of Senedd Cymru if it were contained in an Act of Senedd Cymru (including any provision that could only be made with the consent of a Minister of the Crown); or
(c) the provision, if it were contained in an Act of the Northern Ireland Assembly—
(i) would be within the legislative competence of the Assembly, and
(ii) would not require the consent of the Secretary of State.”
Member’s explanatory statement
This new Clause would require the Secretary of State to consult the devolved administrations before making regulations concerning UK-wide information systems.