Schedule 7, Part 3, paragraph 31

This paragraph applies where— is to be laid before the Scottish Parliament. a Scottish statutory instrument containing regulations under Part 1 ... of Schedule 2 or paragraph 1 of Schedule 4 which create a relevant sub-delegated power, or a draft of such an instrument, 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. 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. 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. For the purposes of this paragraph references to creating a relevant sub-delegated power include (among other things) references to— 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 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. In this paragraph “relevant sub-delegated power” means a power to legislate which— is not exercisable by Scottish statutory instrument, or is so exercisable by a public authority other than a member of the Scottish Government.

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Source: legislation.gov.uk · retrieved 2026-07-30