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The Scottish Government continues to aim to allow 10 to 14 calendar days between the date of laying and the coming into force of instruments of this type, to allow for scrutiny and adjustment by those affected by a change in the law.
This can particularly delay the progress of affirmative SIs, which cannot be debated in the Lords until the JCSI has issued its report.
Pre-laying scrutiny of affirmative instruments
Government departments can opt to submit drafts of Affirmative SIs for consideration by the Committee’s legal advisers in the House of Lords in advance of laying them formally.
The Bill has been drafted for as close adherence to the existing legislation as possible, and clearly the Parliament has not previously been convinced that a pre-laying procedure (beyond the requirement to get CCC advice) would be a useful addition.
It is intended that where the Scottish Ministers propose to reduce the size of a rent control area they must carry out a consultation before laying regulations and lay a report setting out why they consider the size of the area should be reduced.
As is usual for commencement regulations, the default laying requirement in section 30 of the Interpretation and Legislative Reform (Scotland) Act 2010 will apply.
If this is used as a tool to restrict the voice of the lay unions (an employer preference), then we could not accept this. b) in this context, full consideration should be given to appointing an Independent, non- voting Chair for the NJNC.
See www.lobbying.scot St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.gov.scot for laying the report in the Scottish Parliament it does require that a copy is provided to Scottish Ministers.
See www.lobbying.scot St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.gov.scot for laying the report in the Scottish Parliament it does require that a copy is provided to Scottish Ministers.