Subordinate Legislation

 Picture of Subordinate Legislation documents

Government Ministers (or another authorised person) can make laws called subordinate, delegated or secondary legislation, if they have the required powers under an Act of Parliament.

Subordinate legislation is often used to:

  • provide the details of how a law will be applied
  • bring a specific section (or sections) of an Act into force
  • amend existing Acts.

Further information on this process can be found on the Delegated Powers and Law Reform Committee Webpage

 

Negative Instruments

Negative instruments are usually made (that is, signed by a Minister) before they are laid before the Parliament, and they come into force generally 28 days after being laid.

No negative instruments are currently to be considered.

Affirmative Instruments

Affirmative instruments are normally laid before the Parliament in draft form and require the approval of the Parliament in order to come into force or (more rarely) to remain in force. 

The Schools (Consultation) (Scotland) Act 2010 (Modification) Regulations 2017 - date of consideration: 22 February 2017

The Continuing Care (Scotland) Amendment Order 2017 - date of consideration: 22 February 2017

Correspondence

The Convener wrote to the Minister for Further Education, Higher Education and Science on the Education (Student Loans) (Scotland) Amendment Regulations 2016 (SSI 2016/261) regarding outstanding concerns raised by the Delegated Powers and Law Reform Committee.

The Minister for Further Education, Higher Education and Science responded to the above letter with further information on Education (Student Loans) (Scotland) Amendment Regulations 2016 (SSI 2016/261).