Land Reform (Scotland) Act 2016

42 Procedure for first regulations under section 39: explanatory document

(1) The explanatory document referred to in section 40(b)(ii) must—

(a) give reasons for the provisions contained in the proposed draft regulations,

(b) give details of—

(i) any consultation undertaken under section 41,

(ii) any representations received as a result of the consultation, and

(iii) the changes (if any) made to the proposed draft regulations as a result of those representations.

(2) Where a person making representations in response to consultation under section 41 has not consented to the disclosure of the representations, the Scottish Ministers must not disclose them under subsection (1)(b)(ii).

(3) If information in representations made by a person in response to consultation under section 41 relates to another person, the Scottish Ministers must not disclose that information under subsection (1)(b)(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 proposed draft regulations.