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.