31(1)This paragraph applies where—U.K.
(a)a Scottish statutory instrument containing regulations under Part 1 F1... of Schedule 2 or paragraph 1 of Schedule 4 which create a relevant sub-delegated power, or
(b)a draft of such an instrument,
is to be laid before the Scottish Parliament.
(2)Before the instrument or draft is laid, the Scottish Ministers must make a statement explaining why it is appropriate to create a relevant sub-delegated power.
(3)If the Scottish Ministers fail to make a statement required by sub-paragraph (2) before the instrument or draft is laid, the Scottish Ministers must make a statement explaining why they have failed to do so.
(4)A statement under sub-paragraph (2) or (3) must be made in writing and be published in such manner as the Scottish Ministers consider appropriate.
(5)For the purposes of this paragraph references to creating a relevant sub-delegated power include (among other things) references to—
(a)amending a power to legislate which is exercisable by Scottish statutory instrument by a member of the Scottish Government so that it becomes a relevant sub-delegated power, or
(b)providing for any function of an EU entity or public authority in a member State of making an instrument of a legislative character to be exercisable instead as a relevant sub-delegated power by a public authority in the United Kingdom.
(6)In this paragraph “relevant sub-delegated power” means a power to legislate which—
(a)is not exercisable by Scottish statutory instrument, or
(b)is so exercisable by a public authority other than a member of the Scottish Government.
Textual Amendments
F1Words in Sch. 7 para. 31(1)(a) omitted (23.1.2020) by virtue of European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(10) (with s. 38(3), Sch. 5 para. 66)