31

1 This paragraph applies where— a 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 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.