16 January 2024
120.Section 30 makes equivalent provision in relation to words in subordinate legislation to that made in relation to words in primary legislation by section 29. That is, for section 30 to apply to them, words must be contained in a Scottish statutory instrument originally made wholly or partly under a power conferred by a provision which does not derive from an Act of the UK Parliament (essentially, therefore, an instrument made wholly or partly under a power conferred by the Scottish Parliament). In addition, the words must be contained in the instrument:
as a result of the exercise of a power conferred by the Scottish Parliament – although it does not matter whether the words were contained in the instrument as originally made or subsequently inserted into the instrument by a subsequent exercise of the same or a different power conferred by the Scottish Parliament, or
as a result of being inserted into the instrument by words to which section 29 applies (so words inserted into the instrument by, for example, an Act of the UK Parliament would not count as words to which section 30 applies).
121.The effect of this is that words contained in a Scottish statutory instrument by virtue of the exercise of a power conferred by the UK Parliament (including where that power is exercised by the Scottish Ministers) or by virtue of being directly inserted by an Act of the UK Parliament are not subject to the interpretative duty set out in section 24(1) (and so do not require to be read and given effect in a way that is compatible with the UNCRC requirements). Such words also cannot be struck down under section 25 or declared incompatible under section 26.