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(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), “ ”, 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.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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