Brexit-related Statutory Instruments

When the UK leaves the EU (European Union), there will be some laws and regulations that will no longer apply or work properly. To prepare for this, the UK and Scottish governments are developing legislation to provide for the UK's new position as a non-EU member. They are also correcting the laws and regulations that will need some changes to ensure they work properly.

In some cases, the Scottish Government will make laws or regulations for Scotland to replace the EU laws. These regulations are called Scottish Statutory Instruments (SSIs). The Scottish Parliament looks at SSIs regularly, and will continue to look at any SSIs related to Brexit.

In other cases, the UK Government will make a Statutory Instrument (SI) which will cover all parts of the UK, including Scotland. When that happens, the Scottish Parliament is asked to look at a recommendation from the Scottish Government that it consents to the UK Government lodging the SI in the UK Parliament.

To do this, the Scottish Government writes to a Scottish Parliament committee. The Committee then decides if it agrees the Scottish Government can give its consent for the UK Government to make this instrument apply to Scotland.

The Scottish Government and the Scottish Parliament have an agreement, or protocol, which sets out how the Scottish Parliament will be involved. 

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