Part 4Legislation and the UNCRC requirements

30Subordinate legislation words to which this Part applies

(1)

The words to which this section applies are words that are—

(a)

in a Scottish statutory instrument originally made, wholly or partly, by virtue of a relevant enabling power, and

(b)

in the instrument as a result of—

(i)

the exercise of a relevant enabling power (either to make the provision containing the words, or to make the amending provision that inserted them), or

(ii)

having been inserted into the instrument by words in an Act of the Scottish Parliament to which section 29 applies.

(2)

In this section, “relevant enabling power” means a power conferred by a provision that is not in, or derived (directly or indirectly) from, an Act of Parliament.

(3)

For the purposes of subsection (2), a provision of an Act of the Scottish Parliament is not to be regarded as derived from section 28 of the Scotland Act 1998.