s 22 Subordinate instruments
(1) Where, by or under any Act passed before this Act, any power to make, confirm or approve orders, rules, regulations or other subordinate legislation is conferred on a Minister of the Crown, then, to the extent that— (a) the power is exercisable as regards Scotland ; and (b) it is so exercisable exclusively with respect to a devolved matter ; it shall be exercisable by a Scottish Secretary. (2) If the enactment conferring the power makes provision— (a) for any instrument or the draft of any instrument made in the exercise of the power to be laid before Parliament or either House of Parliament ; or (b) for the annulment or approval of any such instrument or draft by or in pursuance of a resolution of either or both Houses of Parliament ; or (c) prohibiting the making of such an instrument without that approval ; then, in relation to the exercise of the power in accordance with subsection (1) above, the provision shall have effect as if any reference in it to Parliament or either House of Parliament were a reference to the Assembly. (3) If the enactment conferring the power makes provision requiring any order (within the meaning of the Statutory Orders 18. (Special Procedure) Act 1945) to be subject to special parliamentary procedure, then, in relation to the exercise of the power in accordance with subsection (1) above, the provision shall have effect as if it required the order to be subject to such special Scotland Act 1978 c. 51 procedure as may be prescribed by the standing orders of the Assembly ; but this subsection does not apply where the power is exercised in any of the circumstances specified in paragraphs 1 to 3 of Schedule 3 to this Act or is such a power as is mentioned in paragraph 4 of that Schedule and is exercised as mentioned in that paragraph. (4) If the enactment conferring the power makes provision for any order made under it to be a provisional order, that is to say an order which requires to be confirmed by Act of Parliament, then, in relation to the exercise of the power in accordance with subsection (1) above, the provision shall have effect as if it required the order to be confirmed by Scottish Assembly Act. (5) Where, by or under any Act passed before this Act, a power is conferred on a person other than a Minister of the Crown to make orders, rules, regulations or other subordinate legislation, then, in relation to any exercise of that power as regards Scotland and with respect only to a devolved matter,— (a) subsection (2) above shall apply with the necessary modifications ; and (b) if the enactment conferring the power applies the Statutory Instruments Act 1946 as if the power were exercisable by a Minister of the Crown, that Act (as amended by Schedule 16 to this Act) shall apply as if the power were exercisable by a Scottish Secretary. (6) Where, by or under any Act passed before this Act, power is conferred on Her Majesty to make an Order in Council, Her Majesty may by Order in Council make provision for securing that, to the extent that the power is exercisable as regards Scotland and exclusively with respect to a devolved matter, it shall be exercisable by order and treated for the purposes of this section as if it had been conferred by that Act on a Minister of the Crown. (7) No recommendation shall be made to Her Majesty in Council to make an Order under subsection (6) above unless a draft of the Order has been laid before and approved by resolution of each House of Parliament.