ApplicationI2I14
1
This Order shall apply in relation to–
a
the exercise by a member of the Scottish Executive of a function to make, confirm or approve subordinate legislation conferred by an enactment;
b
the exercise by a relevant Scottish public authority of a function to make, confirm or approve subordinate legislation conferred by an enactment; or
c
the exercise, within devolved competence, by a person other than a Minister of the Crown, a member of the Scottish Executive or a relevant Scottish public authority of a function to make, confirm or approve subordinate legislation conferred by an enactment,
where the document by which that function is exercised is (whether by virtue of this Order or otherwise) a statutory instrument and is not an excepted instrument.
2
A statutory instrument by which such a function is so exercised and which is not an excepted instrument shall be known as a Scottish statutory instrument.
3
An excepted instrument is one–
a
which is made by a Minister of the Crown with the agreement of a member of the Scottish Executive or of a relevant Scottish public authority;
b
which is made jointly by a Minister of the Crown and by a member of the Scottish Executive or by a relevant Scottish public authority; or
c
which is an Order in Council made by Her Majesty under section 1 of the United Nations Act 19464.
I14
Articles 10 to 15 as they apply (or will, as from the principal appointed day, apply) to a Scottish statutory instrument shall also apply where any enactment provides, or has the effect of providing, that any other statutory instrument is–
a
to be laid before the Scottish Parliament after being made; or
b
to be subject to annulment in pursuance of a resolution of the Scottish Parliament,
or that any draft of any other statutory instrument is to be laid before the Scottish Parliament.
5
Article 14 as it applies to a Scottish statutory instrument shall also apply where any enactment provides, or has the effect of providing, that any other instrument or document is to be laid before the Scottish Parliament.
6
This article (apart from this paragraph) and the following articles shall cease to have effect on the day appointed by or under an Act of the Scottish Parliament.