PART 1

ALIGNMENT WITH EU LAW

Consultation on reports under section 10(1)
11
1
Before laying a report before the Scottish Parliament under section 10(1), the Scottish Ministers must—
a
lay a draft of the report before the Parliament, and
b
in preparing the report, have regard to any representations about the draft report that are made to them before the expiry of the consultation period.
2
References in this section to a draft of the report are references only to a draft of the provision to be contained in the report under section 10(1)(c).
3
The draft report must be laid before the Parliament under subsection (1)(a) as soon as practicable, and no later than 2 months, after the end of the reporting period to which it relates.
4
Where the Scottish Ministers lay a draft report before the Scottish Parliament under subsection (1)(a), they must not lay the report before the Parliament under section 10(1) before the expiry of the consultation period.
5
When laying the report before the Scottish Parliament under section 10(1), the Scottish Ministers must at the same time lay before the Parliament a document setting out—
a
a summary of any representations about the draft report made during the consultation period, and
b
how they have had regard to those representations in preparing the report.
6
Where the representations about the draft report made during the consultation period include representations that any particular intended use or uses of the power under section 1(1) as explained in the draft report should instead be provided for by means of an Act of the Scottish Parliament, the document laid under subsection (5) must cover those representations separately.
7
In this section, “consultation period” means the period of 28 days beginning with the day on which the draft report is laid before the Scottish Parliament under subsection (1)(a).
8
In calculating the period of 28 days mentioned in subsection (7), no account is to be taken of any period during which the Parliament is dissolved or in recess for more than 4 days.
S. 11 in force at 29.3.2021 by S.S.I. 2021/141, reg. 2, sch.