European Union (Withdrawal) Act 2018

Further explanatory statements in urgency cases U.K.

34 (1) This paragraph applies where a statutory instrument containing regulations under this Act is to be made by virtue of paragraph 5(2) or 19(2). U.K.

(2) The Minister of the Crown who is to make the instrument must make a statement in writing explaining the reasons for the Minister's opinion that, by reason of urgency, it is necessary to make the regulations without a draft of the instrument containing them being laid before, and approved by a resolution of, each House of Parliament.

(3) A statement under sub-paragraph (2) must be published before, or at the same time as, the instrument as made is laid before each House of Parliament.

(4) If the Minister—

(a) fails to make the statement required by sub-paragraph (2) before the instrument is made, or

(b) fails to publish it as required by sub-paragraph (3),

a Minister of the Crown must make a statement explaining the failure.

(5) A statement under sub-paragraph (4) must be made in writing and be published in such manner as the Minister making it considers appropriate.

(6) For the purposes of this paragraph, where an instrument 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.

35 (1) This paragraph applies where regulations are to be made by the Scottish Ministers under this Act by virtue of paragraph 6(2) F1 .... U.K.

(2) The Scottish Ministers must make a statement in writing explaining the reasons for the Scottish Ministers' opinion that, by reason of urgency, it is necessary to make the regulations without them being subject to the affirmative procedure.

(3) A statement under sub-paragraph (2) must be published before, or at the same time as, the regulations as made are laid before the Scottish Parliament.

(4) If the Scottish Ministers—

(a) fail to make the statement required by sub-paragraph (2) before the regulations are made, or

(b) fail to publish it as required by sub-paragraph (3),

they must make a statement explaining the failure.

(5) A statement under sub-paragraph (4) must be made in writing and be published in such manner as the Scottish Ministers consider appropriate.

Textual Amendments

F1 Words in Sch. 7 para. 35(1) omitted (23.1.2020) by virtue of European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(13) (with s. 38(3), Sch. 5 para. 66)