“means an instrument made under primary legislation or under retained direct EU legislation.”
This amendment expands the definition of subordinate legislation that is already in the Bill to include legislation which is made under primary legislation made by the devolved legislatures.
This is another minor technical change. We identified that we needed to replace the words
“has the same meaning as in the Interpretation Act 1978” with the words
“means an instrument made under primary legislation or under retained direct EU legislation”.
The purpose of the amendment is simply to close another gap that has been identified by ensuring that statutory instruments made by the devolved legislatures come within the scope of the definition of “subordinate legislation”. The amendment expands that definition so secondary legislation made by the devolved legislatures can also effect primary provisions. Again, I think the amendment is uncontroversial—it simply ensures that the clause gives effect to statutory instruments made by the devolved Administrations.