16(1)This paragraph applies where, on or after [F1IP completion day]—U.K.
(a)a Scottish statutory instrument which amends or revokes any subordinate legislation made under section 2(2) of the European Communities Act 1972, 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 relevant authority must make a statement as to why, in the opinion of the relevant authority, there are good reasons for the amendment or revocation.
(3)Before the instrument or draft is laid, the relevant authority must make a statement otherwise explaining—
(a)the law which is relevant to the amendment or revocation, and
(b)the effect of the amendment or revocation on retained EU law.
(4)If the relevant authority fails to make a statement required by sub-paragraph (2) or (3) before the instrument or draft is laid, the relevant authority must make a statement explaining why the relevant authority has failed to make the statement as so required.
(5)A statement under sub-paragraph (2), (3) or (4) must be made in writing and be published in such manner as the relevant authority considers appropriate.
(6)This paragraph applies in relation to instruments whether the power to make them is conferred before, on or after [F2IP completion day] including where the power is conferred by regulations under this Act (but not where it is conferred by this Act).
(7)Sub-paragraph (8) of paragraph 13 applies for the purposes of this paragraph as it applies for the purposes of sub-paragraph (1) of that paragraph.
(8)In this paragraph “the relevant authority” means—
(a)in the case of a Scottish statutory instrument which is not made by the Scottish Ministers, other than an Order in Council, the person who makes, or is to make, the instrument, and
(b)in any other case, the Scottish Ministers.
[F3(9)This paragraph does not apply where the amendment or revocation of subordinate legislation is for the purposes of—
(a)the withdrawal agreement (other than Part 4 of that agreement),
(b)the EEA EFTA separation agreement, F4...
(c)the Swiss citizens' rights agreement [F5, or
(d)a future relationship agreement].]
Textual Amendments
F1Words in Sch. 8 para. 16(1) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(11)(a) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
F2Words in Sch. 8 para. 16(6) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(11)(a) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
F3Sch. 8 para. 16(9) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(11)(b) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
F4Word in Sch. 8 para. 16(9)(b) omitted (31.12.2020) by virtue of European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 6 para. 8(a); S.I. 2020/1662, reg. 2(ff)
F5Sch. 8 para. 16(9)(d) and word inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 6 para. 8(b); S.I. 2020/1662, reg. 2(ff)
Commencement Information
I1Sch. 8 para. 16 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(n)