SCHEDULES

SCHEDULE 7Regulations

Part 3General provision about powers under Act

Further explanatory statements in certain sub-delegation cases

30

1

This paragraph applies where—

a

a statutory instrument containing regulations under section 8(1) F1... 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 each House of Parliament.

2

Before the instrument or draft is laid, the relevant Minister must make a statement explaining why it is appropriate to create a relevant sub-delegated power.

3

If the relevant Minister fails to make a statement required by sub-paragraph (2) before the instrument or draft is laid, a Minister of the Crown must make a statement explaining why the relevant Minister has 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 Minister making it considers appropriate.

5

Sub-paragraphs (10) and (11) of paragraph 28 apply for the purposes of this paragraph as they apply for the purposes of that paragraph.

6

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 statutory instrument by a relevant UK authority 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.

7

In this paragraph—

  • “the relevant Minister” means the Minister of the Crown who makes, or is to make, the instrument;

  • “relevant sub-delegated power” means a power to legislate which—

    1. a

      is not exercisable by any of the following—

      1. i

        statutory instrument,

      2. ii

        Scottish statutory instrument, or

      3. iii

        statutory rule, or

    2. b

      is so exercisable by a public authority other than a relevant UK authority;

  • “relevant UK authority” means a Minister of the Crown, a member of the Scottish Government, the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government or a Northern Ireland devolved authority.

31

1

This paragraph applies where—

a

a Scottish statutory instrument containing regulations under Part 1 F2... 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.