Public Services Reform (Scotland) Act 2010

20 Subordinate legislation and powers of direction, appointment and consent

(1) An order under section 14 or 17(1) may confer or transfer a function of legislating only on or to the Scottish Ministers, the First Minister or the Lord Advocate.

(2) An order under section 14 or 17(1) may not make provision for the delegation of any function of legislating.

(3) An order under section 14 or 17(1) may not make provision to confer a function of legislating on the Scottish Ministers, the First Minister or the Lord Advocate unless the conditions in subsections (4) and (5) are satisfied.

(4) The condition in this subsection is that the function is exercisable by statutory instrument.

(5) The condition in this subsection is that such a statutory instrument—

(a) is subject to annulment in pursuance of a resolution of the Scottish Parliament, or

(b) is not to be made unless a draft of the statutory instrument has been laid before and approved by a resolution of the Parliament.

(6) Subsections (1) to (3) do not apply to provision which merely restates an enactment.

(7) An order under section 14 or 17(1) may not make provision which has the effect of transferring to a person other than the Scottish Ministers, the First Minister or the Lord Advocate any function to which subsection (8) applies.

(8) This subsection applies to any function of—

(a) giving directions,

(b) appointing a person to any office or position, or

(c) consenting to any thing,

conferred by any enactment on the Scottish Ministers, the First Minister or the Lord Advocate.