27Explanatory document laid before the Scottish Parliament
(1)The explanatory document referred to in section 25(2)(b)(ii) must—
(a)explain under which power (or powers) in this Part the provision contained in the draft order is made,
(b)introduce and give reasons for the provision,
(c)in the case of an order under section 14—
(i)explain why the Scottish Ministers consider that the conditions in section 16(2) (where relevant) are satisfied or the condition in section 16(10) is satisfied,
(ii)explain how the provision made by the order would improve the exercise of public functions, and
(iii)if the order relates to the functions of the Scottish Ministers, or confers functions on or transfers or delegates functions to, the Scottish Ministers, describe the functions and identify the part of the Scottish Administration through which the functions are, or are to be, exercised,
(d)in the case of an order under section 17(1)—
(i)explain why the Scottish Ministers consider that the conditions in section 18(2) (where relevant) are satisfied or the condition in section 18(8) is satisfied, and
(ii)include, so far as appropriate, an assessment of the extent to which the provision made by the order would remove or reduce any burden or burdens (within the meaning of that section),
(e)identify and give reasons for—
(i)any functions of legislating conferred by the order, and
(ii)the procedural requirements attaching to the exercise of those functions, and
(f)give details of—
(i)any consultation undertaken under section 26,
(ii)any representations received as a result of the consultation,
(iii)the changes (if any) made to the proposed draft order as a result of those representations.
(2)Where a person making representations in response to consultation under section 26 has requested the Scottish Ministers not to disclose them, the Scottish Ministers must not disclose them under subsection (1)(f)(ii) if or to the extent that to do so would (disregarding any connection with proceedings in the Scottish Parliament) constitute a breach of confidence actionable by any person.
(3)If information in representations made by a person in response to consultation under section 26 relates to another person, the Scottish Ministers need not disclose the information under subsection (1)(f)(ii) if or to the extent that—
(a)it appears to the Scottish Ministers that the disclosure of that information could adversely affect the interests of that other person, and
(b)the Scottish Ministers have been unable to obtain the consent of that other person to the disclosure.
(4)Subsections (2) and (3) do not affect any disclosure that is requested by, and made to, a committee of the Parliament charged with reporting on the draft order.