This section applies where, by virtue of an enactment, devolved subordinate legislation is subject to the affirmative procedure.

The subordinate legislation is not to be made unless a draft of the Scottish statutory instrument containing it is laid before, and approved by resolution of, the Scottish Parliament.

If the requirements of subsection (2) are not complied with in relation to any subordinate legislation to which this section applies, the purported subordinate legislation has no effect.

Subsection (3) is without prejudice to section 32(3).