Moved by
Lord Callanan
83LA: Schedule 7, page 53, line 16, at end insert—
“22AA(1) This paragraph applies where—
(a) a Scottish statutory instrument containing regulations under Part 1 or 3 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.”
83M: Schedule 7, page 53, line 16, at end insert—
“Annual reports in certain sub-delegation cases
22B(1) Each person by whom a relevant sub-delegated power is exercisable by virtue of regulations made by a Minister of the Crown under section 7(1) or 9 or paragraph 1 of Schedule 4 must—
(a) if the power has been exercised during a relevant year, and
(b) as soon as practicable after the end of the year,
prepare a report on how the power has been exercised during the year.
(2) The person must—
(a) lay the report before each House of Parliament, and
(b) once laid—
(i) provide a copy of it to a Minister of the Crown, and
(ii) publish it in such manner as the person considers appropriate.
(3) In this paragraph—
“relevant sub-delegated power” has the same meaning as in paragraph 22A;
“relevant year” means—
(a) in the case of a person who prepares an annual report, the year by reference to which the report is prepared, and
(b) in any other case, the calendar year.”
83MA: Schedule 7, page 53, line 16, at end insert—
“22BA(1) Each person by whom a relevant sub-delegated power is exercisable by virtue of regulations made by the Scottish Ministers by Scottish statutory instrument under Part 1 or 3 of Schedule 2 or paragraph 1 of Schedule 4 must—
(a) if the power has been exercised during a relevant year, and
(b) as soon as practicable after the end of the year,
prepare a report on how the power has been exercised during the year.
(2) The person must—
(a) lay the report before the Scottish Parliament, and
(b) once laid—
(i) send a copy of it to the Scottish Ministers, and
(ii) publish it in such manner as the person considers appropriate.
(3) In this paragraph—
“relevant sub-delegated power” has the same meaning as in paragraph 22AA;
“relevant year” means—
(a) in the case of a person who prepares an annual report, the year by reference to which the report is prepared, and
(b) in any other case, the calendar year.”
83N: Schedule 7, page 53, line 16, at end insert—
“Further explanatory statements in urgency cases
22C(1) This paragraph applies where a statutory instrument containing regulations under this Act is to be made by virtue of paragraph 4(2) or 14(2).
(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.”
83P: Schedule 7, page 53, line 16, at end insert—
“22D(1) This paragraph applies where regulations are to be made by the Scottish Ministers under this Act by virtue of paragraph 4A(2) (whether or not as applied by paragraph 14(6A)).
(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.”
83Q: Schedule 7, page 53, line 23, leave out paragraph 24 and insert—
“24(1) A power to make regulations which, under this Schedule, is capable of being exercised subject to different procedures may (in spite of section 14 of the Interpretation Act 1978) be exercised, when revoking, amending or re-enacting an instrument made under the power, subject to a different procedure from the procedure to which the instrument was subject.
(2) For the purposes of sub-paragraph (1) in its application to regulations under section 17(5) no procedure is also a procedure.”