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.

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. 

Consideration of instruments

Air Quality Standards (Scotland) Amendment Regulations 2016 (SSI 2016/376)

Financial Assistance for Environmental Purposes (Scotland) Order 2016 (SSI 2016/406)

At its meeting on 17 January 2017 the Committee considered Financial Assistance for Environmental Purposes (Scotland) Order 2016 (SSI 2016/406). While the Committee made no recommendation in relation to the instrument, it agreed to write to the Cabinet Secretary for Environment, Climate Change and Land Reform for further information on the Order. The Cabinet Secretary responded to this letter on 6 February 2017.

Environmental Impact Assessments - subordinate legislation

Loch Carron Urgent Marine Conservation (No. 2) Order 2017 (SSI 2017/205)

The Committee received a response to its letter on 5 October 2017.

The Committee responded to the Cabinet Secretary seeking further detail on the Business and Regulatory Impact Assessment.

Public Water Supplies (Scotland) Amendment Regulations 2017 (SSI 2017/281)

Draft Environmental Authorisations (Scotland) Regulations 2018

The Committee received a briefing from the Scottish Government on the draft Environmental Authorisations (Scotland) Regulations 2018 in advance of the instrument being laid.

Letter from the Cabinet Secretary for Environment, Climate Change and Land Reform regarding the draft Environmental Authorisations (Scotland) Regulations 2018 that are currently being considered by the Environment, Climate Change and Land Reform Committee and the transposing of significant elements of the measures to protect the public from exposures to radiation contained in the Euratom Basic Safety Standards Directive 2013 (BSSD 2013).  

Conservation of Salmon (Scotland) Amendment Regulations 2018 (SSI 2018/37)

On 20 April 2018, the Committee received a response from the Cabinet Secretary for Environment, Climate Change and Land Reform on 20 April 2018

Loch Carron Urgent Marine Conservation (No.2) Order 2017 Urgent Continuation) Order 2018 (SSI 2018/100)

Community Right to Buy Abandoned, Neglected or Detrimental Land Regulations

Code of Practice on Litter and Refuse (COPLAR)

Letter from the Cabinet Secretary for Environment, Climate Change and Land Reform to advise that a new version of the Code of Practice on Litter and Refuse (COPLAR) has been laid in Parliament, to replace the current version which was published in 2006.

Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) (Scotland) Regulations

The Environmental Protection (Microbeads) (Scotland) Regulations 2018 (SSI 2018/162)

The Committee considered the negative instrument at its meeting on 19 June 2018 and made no recommendations but did agree to write to the Scottish Government seeking further information regarding further work on microplastics. 

UK Ivory Bill Legislative Consent Motion

 
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