Subordinate legislation May 2018 to date

Picture of Subordinate Legislation documents

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

Scottish Statutory Instruments ("SSIs") can be used to:

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

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

 

Negative instruments

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

The following negative Instruments are currently under consideration:

Affirmative instruments

SSIs subject to the affirmative procedure ("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 following Affirmarive Instruments  are currentlly under consideration:  

Provision of Early Learning and Childcare (Specified Children) (Scotland) Amendment Order 2019 

Instruments already considered

Negatives

June 2018

Both instruments were considered at the meeting on 20 June 2018. The Committee made no comment on instrument SSI 2018/170. 

In respect of SSI2018/171 the Committee considered a similar instrument last year and the Scottish Government  highlighted that at this point that it intended to consolidate and update the various pieces of secondary legislation that regulate student fees and support in the higher education sector in Scotland, with a view to ensuring greater clarity and consistency. Given the committee’s interest in the area and its complexity, the Committee agreed to seek confirmation from the Government that it is still its intention to consolidate. 

October 2018 

The Committee considered the instrument noted above at its meeting on 3 October 2018. The Committee made no commient on the instrument 

November 2018 

The Committee consider the Education (Student Loans) (Miscellaneous Amendments) (Scotland) Regulations 2018 (SSI 2018/307). The Committee made no comment on the motion.

The Committee agreed to write to the Government to clariy certain points in respect of Education Psychology students.

March 2019 

The Committee considered the following instruments on 20 March 2019 and agreed made no comments in relation to these instruments. 

May 2019

The Committee considered the following instrument on 22 May 2019 and agreed made no comments in relation to this instrument.

The Convener wrote to the Cabinet Secretary for Education and Skills regarding the timing of the next piece of substantive subordinate legislation relating to St Mary’s Music School. The letter from the Convener and the response from the Scottish Government is noted below.

June 2019

The Committee considered the following instruments on 12 June 2019 and agreed made no comments in relation to this instruments.

Affirmatives

November 2018 

The Committee considered the Assigned Colleges (University of the Highlands and Islands) Order 2018 (draft) on the 7 November 2018. The Committee agreed to a motion recommending that the regulations are approved. 

February 2019

The Committee considered the Continuing Care (Scotland) Amendment Order 2019 (draft) on 20 February 2019. The Committee agreed to a motion recommending that the order be approved

May 2019

The Committee considered the Children and Young People (Scotland) Act 2014 (Modification) (No. 1) Order 2019 (SSI 2019/draft) and Children and Young People (Scotland) Act 2014 (Modification) (No. 2) Order 2019 (SSI 2019/draft) on 22 May 2019. The Committee agreed to a motion recommending that the orders be approved

The Convener wrote to the Minister for Children and Young People for information regarding the rates for partner providers in the expanded Early Learning and Childcare funded hours.

The Committee considered the Head Teachers Education and Training Standards (Scotland) Regulations 2019 (draft). the Committee agreed to a motion that the order be approved

The Cabinet Secretary for Education and Skills wrote to the Committee with supplementary information in respect of the Head Teachers Education and Training Standards.

 
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