SCHEDULES
SCHEDULE 7Regulations
Part 3General provision about powers under Act
Further explanatory statements in certain sub-delegation cases
30
1
This paragraph applies where—
a
a statutory instrument containing regulations under section 8(1) or 9 or paragraph 1 of Schedule 4 which create a relevant sub-delegated power, or
b
a draft of such an instrument,
is to be laid before each House of Parliament.
2
Before the instrument or draft is laid, the relevant Minister must make a statement explaining why it is appropriate to create a relevant sub-delegated power.
3
If the relevant Minister fails to make a statement required by sub-paragraph (2) before the instrument or draft is laid, a Minister of the Crown must make a statement explaining why the relevant Minister has failed to do so.
4
A statement under sub-paragraph (2) or (3) must be made in writing and be published in such manner as the Minister making it considers appropriate.
5
Sub-paragraphs (10) and (11) of paragraph 28 apply for the purposes of this paragraph as they apply for the purposes of that paragraph.
6
For the purposes of this paragraph references to creating a relevant sub-delegated power include (among other things) references to—
a
amending a power to legislate which is exercisable by statutory instrument by a relevant UK authority so that it becomes a relevant sub-delegated power, or
b
providing for any function of an EU entity or public authority in a member State of making an instrument of a legislative character to be exercisable instead as a relevant sub-delegated power by a public authority in the United Kingdom.
7
In this paragraph—
“the relevant Minister” means the Minister of the Crown who makes, or is to make, the instrument;
“relevant sub-delegated power” means a power to legislate which—
- a
is not exercisable by any of the following—
- i
statutory instrument,
- ii
Scottish statutory instrument, or
- iii
statutory rule, or
- i
- b
is so exercisable by a public authority other than a relevant UK authority;
- a
“relevant UK authority” means a Minister of the Crown, a member of the Scottish Government, the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government or a Northern Ireland devolved authority.
31
1
This paragraph applies where—
a
a Scottish statutory instrument containing regulations under Part 1 or 2 of Schedule 2 or paragraph 1 of Schedule 4 which create a relevant sub-delegated power, 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 Scottish Ministers must make a statement explaining why it is appropriate to create a relevant sub-delegated power.
3
If the Scottish Ministers fail to make a statement required by sub-paragraph (2) before the instrument or draft is laid, the Scottish Ministers must make a statement explaining why they have failed to do so.
4
A statement under sub-paragraph (2) or (3) must be made in writing and be published in such manner as the Scottish Ministers consider appropriate.
5
For the purposes of this paragraph references to creating a relevant sub-delegated power include (among other things) references to—
a
amending a power to legislate which is exercisable by Scottish statutory instrument by a member of the Scottish Government so that it becomes a relevant sub-delegated power, or
b
providing for any function of an EU entity or public authority in a member State of making an instrument of a legislative character to be exercisable instead as a relevant sub-delegated power by a public authority in the United Kingdom.
6
In this paragraph “relevant sub-delegated power” means a power to legislate which—
a
is not exercisable by Scottish statutory instrument, or
b
is so exercisable by a public authority other than a member of the Scottish Government.