Part 2 SScottish statutory instruments

Parliamentary scrutinyS

31Failure to lay instruments in accordance with section 28(2) or 30(2)S

(1)This section applies where section 28 or 30 applies in relation to devolved subordinate legislation.

(2)Failure to lay the Scottish statutory instrument containing the legislation in accordance with the laying requirements does not affect the validity of the instrument.

(3)Where the instrument is laid before the Scottish Parliament, but not in accordance with the laying requirements, the responsible authority must explain to the Presiding Officer why the laying requirements have not been complied with.

(4)The explanation is to be given in writing as soon as practicable after the instrument is laid before the Parliament.

(5)In this section, “the laying requirements” are—

(a)in the case where section 28 applies, the requirements of subsection (2) of that section,

(b)in the case where section 30 applies, the requirements of subsection (2) of that section.

(6)In subsection (3), “responsible authority”, in relation to a Scottish statutory instrument, means—

(a)the Scottish Ministers in a case where the instrument is—

(i)made, confirmed or approved by the Scottish Ministers, the First Minister or the Lord Advocate,

(ii)an Order in Council, or

(iii)an Order of Council, and

(b)in any other case, the person who made, confirmed or approved the instrument.