3

1 A Minister of the Crown may only make regulations under paragraph 1 with the consent of the Treasury. 2 A devolved authority may only make regulations under paragraph 1 with the consent of a Minister of the Crown if— a the relevant function is a function of a Minister of the Crown, or b the public authority that has the relevant function— i in the case of the Scottish Ministers, has any functions that can be exercised otherwise than in or as regards Scotland, ii in the case of the Welsh Ministers, has any functions that can be exercised otherwise than in relation to Wales or the Welsh zone, or iii in the case of a Northern Ireland department, has any functions that can be exercised otherwise than in or as regards Northern Ireland and is not an implementation body. 3 In sub-paragraph (2)(b)(iii) “ implementation body ” has the same meaning as in section 55 of the Northern Ireland Act 1998 (see subsection (3) of that section).