UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021

6 Policy statement on the section 1(1) power

(1) The Scottish Ministers must publish, in such manner as they consider appropriate, a statement of their policy on—

(a) the approach to be taken,

(b) the factors to be taken into account, and

(c) the process to be followed,

when considering whether to use the power under section 1(1).

(2) The Scottish Ministers may from time to time revise the policy statement and publish the revised policy statement.

(3) Where the Scottish Ministers make a statement referred to in subsection (9) of section 9, by virtue of paragraph (c) of that subsection, they must as soon as reasonably practicable after making the statement—

(a) review the policy statement, and

(b) either—

(i) revise the policy statement and publish the revised policy statement, or

(ii) lay before the Scottish Parliament a document explaining why, in the Scottish Ministers’ opinion, it is not necessary to revise the policy statement.

(4) In this Part, references to a policy statement under this section include references to the policy statement as revised from time to time.

(5) It is not necessary for a policy statement to have been published under this section before the power under section 1(1) may be used.