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1 This paragraph applies where— a a statutory instrument containing regulations under section 8(1) ... 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— is not exercisable by any of the following— statutory instrument, Scottish statutory instrument, or statutory rule, or is so exercisable by a public authority other than a relevant UK authority; “ 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.