§ Mrs. LaitTo ask the Secretary of State for Health what his policy is regarding consultations prior to the publication of proposals involving the transfer of powers to the Scottish Executive by(a) primary legislation and (b) Order in Council. [13827]
§ Ms BlearsTransfer of powers to the Scottish Executive takes place only after agreement between the Administrations. There are two routes: when power is conferred by primary legislation the Sewell Convention requires the prior approval of the Scottish Parliament through the Scottish Executive When conferred by secondary legislation, the Order follows procedures set out in the Scotland Act 1998; approval by both Houses of Parliament and the Scottish Parliament is required.