{
  "url": "https://openlegislation.uk/european-union-withdrawal-act-2018/schedule-7/paragraph-31",
  "json_url": "https://openlegislation.uk/european-union-withdrawal-act-2018/schedule-7/paragraph-31.json",
  "legislation": "ukpga/2018/16",
  "legislation_title": "European Union (Withdrawal) Act 2018",
  "legislation_url": "https://openlegislation.uk/european-union-withdrawal-act-2018",
  "path": "schedule/7/paragraph/31",
  "kind": "paragraph",
  "number": "31",
  "heading": null,
  "text": "(1) This paragraph applies where—\n(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\n(b) a draft of such an instrument,\nis to be laid before the Scottish Parliament.\n(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.\n(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.\n(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.\n(5) For the purposes of this paragraph references to creating a relevant sub-delegated power include (among other things) references to—\n(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\n(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.\n(6) In this paragraph “relevant sub-delegated power” means a power to legislate which—\n(a) is not exercisable by Scottish statutory instrument, or\n(b) is so exercisable by a public authority other than a member of the Scottish Government.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 7 para. 31(1)(a) omitted (23.1.2020) by virtue of European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(10) (with s. 38(3), Sch. 5 para. 66)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2018/16/schedule/7/paragraph/31",
    "retrieved_at": "2026-10-29T09:04:51.422677+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}