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
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.
Negative Instruments currently under consideration:
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.
Affirmarive Instruments currentlly under consideration: SSIs previously considered by the Committee
The Committee is to consider the Continuing Care (Scotland) Amendment Order 2019 (draft) on 20 February 2019.
Instruments already considered
Both instruments were considered at the meeting on 20 June 2018. The Committee made no comment on instrument SSI 2018/170.
In respect of SSI2018/17 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.
Special Restrictions on Adoptions from Ethiopia (Scotland) Order SSI 2018/272
The Committee considered the instrument noted above at its meeting on 3 October 2018. The Committee made no commient on the instrument
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 apporved.
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.