SCHEDULES
SCHEDULE 7 Procedure for subordinate legislation
Special cases
3
1
This paragraph applies if—
a
the instrument containing the legislation would, apart from this paragraph, be subject to the type F, G, H, I or K procedure, and
b
the legislation contains provisions which add to, replace or omit any part of the text of an Act.
2
Where this paragraph applies—
a
instead of the type F procedure, the type A procedure shall apply,
b
instead of the type G procedure, the type B or (as the case may be) C procedure shall apply,
c
instead of the type H procedure, the type A procedure shall apply,
d
instead of the type I procedure, the type B or (as the case may be) C procedure shall apply,
e
instead of the type K procedure, the type E procedure shall apply.
F13A
If legislation under section 90B amends a scheme under that section and does not contain provision—
a
made by virtue of subsection (12) or (19) of that section, or
b
adding to, replacing or omitting any part of the text of an Act,
then, instead of the type C procedure, the type I procedure shall apply.
4
If legislation under section 129(1) makes provision as mentioned in section 112(2) then, instead of the type G procedure, the type D procedure shall apply.
5
1
An instrument containing an Order in Council or order under an open power which revokes, amends or re-enacts subordinate legislation under an open power may (in spite of section 14 of the M1Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original legislation was subject.
2
An instrument containing an Order in Council under section 89 or 90 which revokes, amends or re-enacts an Order under either section may (in spite of section 14 of the M2Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original Order was subject.
F26
1
This paragraph applies where a draft of an instrument containing regulations under section 30A or 57(4) is to be laid before each House of Parliament.
2
Before the draft is laid, the Minister of the Crown who is to make the instrument—
a
must make a statement explaining the effect of the instrument, and
b
in any case where the Parliament has not made a decision to agree a motion consenting to the laying of the draft—
i
must make a statement explaining why the Minister has decided to lay the draft despite this, and
ii
must lay before each House of Parliament any statement provided for the purpose of this sub-paragraph to a Minister of the Crown by the Scottish Ministers giving the opinion of the Scottish Ministers as to why the Parliament has not made that decision.
3
A statement of a Minister of the Crown under sub-paragraph (2) must be made in writing and be published in such manner as the Minister making it considers appropriate.
4
For the purposes of this paragraph, where a draft is laid before each House of Parliament on different days, the earlier day is to be taken as the day on which it is laid before both Houses.
5
This paragraph does not apply to a draft of an instrument which only contains regulations under section 30A or 57(4) which only relate to a revocation of a specification.