Part 2Order-making powers
Procedure
25Procedure
1
An order under this Part must be made by statutory instrument.
2
The Scottish Ministers may not make an order under section 14 or 17(1) unless—
a
they have consulted in accordance with section 26,
b
following that consultation, they have laid before the Scottish Parliament—
i
a draft order, and
ii
an explanatory document prepared in accordance with section 27, and
c
the draft order has been approved by resolution of the Parliament.
3
Except as mentioned in subsection (7), the Scottish Ministers may not make an order under section 15 unless—
a
they have consulted in accordance with subsection (4),
b
following that consultation, they have laid before the Parliament—
i
a draft order, and
ii
an explanatory document prepared in accordance with subsection (5), and
c
the draft order has been approved by resolution of the Parliament.
4
The Scottish Ministers must consult any person, body or office-holder in respect of which they propose to add an entry to schedule 5.
5
The explanatory document must give details of—
a
any consultation undertaken under subsection (4),
b
any representations received as a result of the consultation,
c
the changes (if any) made to the proposals mentioned in subsection (4) as a result of those representations.
6
Subsections (2) to (4) of section 27 apply to consultation under subsection (4) of this section as those subsections of section 27 apply to consultation under section 26; and references to subsection (1)(f)(ii) in section 27(2) and (3) are to be read as references to subsection (5)(b) of this section.
7
Where an order under section 15 contains only a provision mentioned in subsection (2)(b) of that section and, if applicable, a provision mentioned in subsection (4) of that section, the order is subject to annulment in pursuance of a resolution of the Parliament.