Subordinate Legislation

Government Ministers (or another authroised 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 in the Parliament, and they generally come into force 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 Committee has considered at the following affirmative instruments -

The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2016 - considered on 21 September 2016

The Crofting Commission (Elections) (Scotland) Amendment Regulations 2016 - considered on 23 November 2016

The Aberdeen Harbour Revision Order 2016 -  considered on 30 November 2016

The National Bus Travel Concession Scheme for Older and Disabled Persons (Scotland) Amendment Order 2017 - considered on 22 February 2017

The Shellfish (Restrictions on Taking by Unlicensed Fishing Boats) (Scotland) Order 2017 - considered on 29 March 2017

 

For further information on the work of the Committee you can contact the Clerks on 0131 348 5211 or by e-mail at rec.committee@parliament.scot