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.

Negative instruments laid and to be considered by the Committee

SSI 2017/283 The Teachers’ Superannuation and Pension Scheme (Additional Voluntary Contributions) (Scotland) Regulations 2017

SSI 2017/288 The Individual Learning Account (Scotland) Amendment Regulations 2017

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. 

There are currently no affirmative instruments laid that are to be considered by the Committee.

Remedial order

Remedial orders allow the Scottish Ministers a remedy to a situation where an Act or instrument, or part thereof, has been found to be incompatible with Convention Rights.

The process of scrutinising remedial orders has two parts.  The first part is a consultation on a proposed draft order.  Once the consultation is complete a draft order is laid and is subject to a similar process to affirmative instruments.

Below is a link to the Scottish Government's consultation on a proposed draft order.  The proposed draft order was laid in the Scottish Parliament on 11 September 2017. 

The Committee received a letter from the Minister for Childcare and Early Years regarding this remedial order.

SSIs previously considered by the Committee

Negative Instruments

The Committee considered the following negative instruments:

The Committee wrote the Deputy First Minister regarding the above instruments after its Committee meeting of 28 June 2017. 

The Committee consider these instruments again on 6 September 2017 and made no comments on them.

SSI 2017/165: The Education Authority Annual Plan Planning Period (Scotland) Regulations 2017 was considered on 21 June 2017 and the Committee agreed to make no recommendations in relation to this instrument.

SSI 2017/170: The Requirements for Teachers (Scotland) Amendment Regulations 2017 was considered on 21 June 2017 and the Committee agreed to make no recommendations in relation to this instrument.

SSI 2017/171: The Police Act 1997 (Criminal Records) (Scotland) Amendment Regulations 2017 was considered on 21 June 2017 and the Committee agreed to make no recommendations in relation to this instrument.

SSI 2017/146 - The Academic Awards and Distinctions (University of the Highlands and Islands) (Scotland) Order of Council 2017 was considered on 24 May 2017 and the Committee agreed to make no recommendations in relation to this instrument.

SSI 2016/425 - The Gaelic Medium Education (Assessment Requests) (Scotland) Regulations 2016 was considered on 18 January 2017 and the Committee agreed to make no recommendations in relation to this instrument.

SSI 2016/373 - Scottish Ministers Annual Plan Planning Period (Scotland) Regulations 2016 was considered on 30 November 2016 and the Committee agreed to make no recommendations in relation to this instrument.

SSI 2016/299 - Additional Support for Learning (Sources of Information) (Scotland) Order 2016 was considered on 2 November 2016 and the Committee agreed to make no recommendations in relation to this instrument.

SSI 2016/261 - The Education (Student Loans) (Scotland) Amendment Regulations 2016 was considered on 5 October 2016.  The Convener wrote to the Minister for Further Education, Higher Education and Science regarding outstanding concerns raised by the Delegated Powers and Law Reform Committee.

The Committee considered the instrument again on 26 October 2016 and agreed to make no recommendations in relation to this instrument.

SSI 2016/255 - Children’s Services Planning (Specified Date) (Scotland) Order 2016 was considered on 5 October 2016 and the Committee agreed to make no recommendations in relation to this instrument.

SSI 2016/234 - The Named Persons (Training, Qualifications, Experience and Position) and the Child’s Plan (Scotland) Revocation Order 2016 was considered on 14 September 2016 and the Committee agreed to make no recommendations in relation to this instrument.

Affirmative Instruments

Draft SSI: The Registration of Independent Schools (Prescribed Person) (Scotland) Regulations 2017 Prior to consideration of the draft instrument, the Scottish Council of Independent Schools wrote to the Committee.

The Committee considered this draft SSI on 21 June 2017. The Committee agreed to a motion recommending that the regulations be approved.

Schools (Consultation) (Scotland) Act 2010 (Modification) Regulations 2017 were considered on 22 February 2017.  The Committee agreed to a motion recommending that the regulations be approved.

Continuing Care (Scotland) Amendment Order 2017 was considered on 22 February 2017.  The Committee agreed to a motion recommending that the order be approved.

The Freedom of Information (Scotland) Act 2002 (Time for Compliance) Regulations 2016 were considered on 5 October 2016.  The Committee agreed to a motion recommending that the regulations be approved.

Children and Young People (Scotland) Act 2014 (Part 4 and Part 5 Complaints) Revocation Order 2016 was considered on 14 September 2016.  The Committee agreed to a motion recommending that the order be approved.