PART 1

ALIGNMENT WITH EU LAW

Policy statement on the section 1(1) power
6
1
The Scottish Ministers must publish, in such manner as they consider appropriate, a statement of their policy on—
a
the approach to be taken,
b
the factors to be taken into account, and
c
the process to be followed,
when considering whether to use the power under section 1(1).
2
The Scottish Ministers may from time to time revise the policy statement and publish the revised policy statement.
3
Where the Scottish Ministers make a statement referred to in subsection (9) of section 9, by virtue of paragraph (c) of that subsection, they must as soon as reasonably practicable after making the statement—
a
review the policy statement, and
b
either—
i
revise the policy statement and publish the revised policy statement, or
ii
lay before the Scottish Parliament a document explaining why, in the Scottish Ministers' opinion, it is not necessary to revise the policy statement.
4
In this Part, references to a policy statement under this section include references to the policy statement as revised from time to time.
5
It is not necessary for a policy statement to have been published under this section before the power under section 1(1) may be used.
S. 6 in force at 29.3.2021 by S.S.I. 2021/141, reg. 2, sch.