UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021

18 Procedure for publication of guidance

(1) Before publishing guidance under section 17, the Scottish Ministers must lay the guidance before the Scottish Parliament.

(2) The Scottish Ministers must not publish the guidance before the end of the 40-day period mentioned in subsection (5).

(3) Before laying guidance before the Scottish Parliament under subsection (1), the Scottish Ministers must consult the following persons about the guidance—

(a) a Minister of the Crown,

(b) each responsible authority who is subject to the duty under section 15, and

(c) such other persons as they consider appropriate.

(4) When laying guidance before the Scottish Parliament under subsection (1), the Scottish Ministers must at the same time lay before the Parliament a statement setting out—

(a) details of the consultation about the guidance that was carried out under subsection (3),

(b) a summary of any views expressed in response to the consultation, and

(c) either—

(i) details of how those views (if any) have been taken into account in preparing the guidance that is laid before the Parliament, or

(ii) a statement that no views were expressed in response to the consultation or that no account has been taken of views expressed.

(5) If, within 40 days of guidance having been laid before the Scottish Parliament under subsection (1), the Parliament resolves that the guidance should not be published, the Scottish Ministers must not publish the guidance.

(6) In calculating the period of 40 days, no account is to be taken of any period during which the Parliament is dissolved or in recess for more than 4 days.