Secondary legislation stemming from the European Union (Withdrawal) Act 2018

Under the 2018 Act, where the Scottish Government intends to consent to the UK Government laying statutory instruments that include proposals relating to devolved competencies, it will notify the Scottish Parliament to enable the Parliament to scrutinise its intention to consent to such statutory instruments. The approval process is set out in a protocol designed to aid parliamentary scrutiny.

The Scottish Parliament is informed of the Scottish Government's intention to seek approval by what are known as 'consent notifications' sent by Scottish Ministers. These notifications are then considered by the relevant subject committee. The complete list of consent notifications is provided below in date order.

2018/2019

2020/2021

A second SI Protocol has now been agreed between the Scottish Government and the Parliament. It has replaced the SI protocol agreed in 2018 and has applied to all SI notifications which the Scottish Government sends to the Parliament from 1 January 2021. The text of the protocol can be found in the annex to a letter from the Cabinet Secretary for the Constitution, Europe and External Affairs.

The aim of the revised protocol is to enable committees to scrutinise proposals for UK SIs on all devolved matters formerly governed by EU law. The original SI protocol only applied to scrutiny of consent to SIs which fix deficiencies under the European Union (Withdrawal) Act 2018. While the new SI Protocol will continue to apply to these technical changes and to ensure continuity of law, it will also extend to proposals for SIs which introduce new regulatory or governance regimes, or which implement policy choices.

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