9Enhanced scrutiny of regulations under section 8(1)
(1)
Before laying a draft Scottish statutory instrument containing regulations under section 8(1) before the Scottish Parliament for approval, the Scottish Ministers must lay before the Parliament—
(a)
a draft of the regulations, and
(b)
an explanatory statement complying with subsection (2).
(2)
The explanatory statement must explain—
(a)
the nature of the incompatibility with the Charter Articles to which the draft regulations relate,
(b)
how the draft regulations address the incompatibility,
(c)
whether the draft regulations include provision that goes beyond what is necessary to address the incompatibility and, if so, why that provision is included, and
(d)
why the Scottish Ministers are proposing to use the power under section 8(1) as opposed to taking other action.
(3)
Where the Scottish Ministers lay draft regulations under subsection (1)(a), they must not lay before the Scottish Parliament for approval a draft Scottish statutory instrument containing the regulations before the expiry of the period of 60 days beginning with the day on which the draft regulations are laid under subsection (1)(a).
(4)
In calculating the period of 60 days for the purposes of subsection (3), no account is to be taken of any period during which the Parliament is—
(a)
dissolved, or
(b)
in recess for more than 4 days.
(5)
Failure to comply with the requirement in subsection (3) in relation to a draft Scottish statutory instrument does not prevent the regulations contained in the draft instrument from being approved and made.
(6)
Where a draft Scottish statutory instrument is laid before the Scottish Parliament for approval, but not in compliance with the requirement in subsection (3), the Scottish Ministers must explain to the Presiding Officer why the requirement has not been complied with.
(7)
The explanation must be given in writing as soon as practicable after the instrument is laid before the Parliament.