Part 6General and miscellaneous

I197Subordinate legislation: pre-laying procedure

1

This section applies where the Scottish Ministers propose to lay before the Scottish Parliament a draft of a statutory instrument containing the first regulations under section 84 or 88 (other than a draft containing regulations mentioned in section 96(7)(c) or (d) to which section 96(5) applies).

2

The Scottish Ministers must, before doing so, lay before the Parliament—

a

a copy of the proposed regulations; and

b

a statement setting out their reasons for proposing to make those regulations.

3

The Scottish Ministers must, when laying such a copy, specify a period (the “representation period”) during which representations on the proposed regulations may be made to them.

4

The representation period must be at least 90 days, of which no fewer than 30 must be days on which the Parliament is not dissolved or in recess.

5

The Scottish Ministers must, as soon as reasonably practicable after laying a copy of the proposed regulations, publicise them in such manner as they consider appropriate.

6

The Scottish Ministers must, before laying the proposed regulations before the Parliament, have regard to—

a

any representations on the proposed regulations made to them;

b

any resolution relating to those regulations passed by the Parliament; and

c

any report relating to those regulations published by any committee of the Parliament for the time being appointed by virtue of standing orders,

before the expiry of the representation period.

7

The Scottish Ministers must, when laying such proposed regulations, lay a statement setting out—

a

details of any representations, resolutions or reports mentioned in subsection (6);

b

the changes (if any) they have made to the proposed regulations in response to such representations, resolutions or reports and the reasons for those changes.

8

In this section, “proposed regulations” means a draft of a statutory instrument to which subsection (1) applies.