Statutory Instruments (SIs) are a type of secondary legislation made by the UK Government. SIs are made under powers granted in Acts of the UK Parliament. SIs can apply across the UK or only in certain parts of it, and may include devolved matters.
SIs made by the UK Government are generally considered only by the UK Parliament, even if they affect devolved matters in Scotland. The exception is “joint” SIs, which must also be laid in the Scottish Parliament, but these are rare.
The Scottish Parliament has no formal role in the scrutiny of SIs laid only in the UK Parliament. However, when such SIs affect the law in devolved areas, the Scottish Government notifies the Scottish Parliament that a relevant SI has been made. This is known as the Statutory Instrument Protocol.
SI notifications received from the Scottish Government are considered by the Europe, External Affairs and Culture Committee as part of its scrutiny of matters relating to devolution, intra-UK and inter-governmental relations.