Regulations under section 3 or 14 must not prescribe a requirement, function or offence if provision imposing the requirement, conferring the function or creating the offence falls within subsection (3).
Regulations under section 11 must not confer a function if provision doing so falls within subsection (3).
Provision falls within this subsection if—
it would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament,
it would be within the legislative competence of the National Assembly for Wales if contained in an Act of that Assembly, or
it would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of that Assembly made without the consent of the Secretary of State.
Regulations under section 3, 11 or 14 may make such provision amending, repealing or revoking any provision of any enactment, including this Chapter, as the Secretary of State considers appropriate in consequence of the regulations.