Part 2Scottish statutory instruments

Parliamentary scrutiny

I1I2C130Other instruments laid before the Parliament

1

This section applies where devolved subordinate legislation is not, by virtue of an enactment, subject to the negative procedure or the affirmative procedure.

2

The Scottish statutory instrument containing the subordinate legislation must be laid before the Scottish Parliament as soon as practicable after the legislation is made (and in any event before the legislation is due to come into force).

3

References in subsections (1) and (2) to devolved subordinate legislation do not include references to subordinate legislation made under an enactment mentioned in subsection (4).

4

Those enactments are—

a

the Harbours Act 1964 (c. 40),

b

the Water (Scotland) Act 1980 (c. 45),

c

the Road Traffic Regulation Act 1984 (c. 27),

d

the Roads (Scotland) Act 1984 (c. 54),

e

section 1, 2 or 8 of the Salmon Act 1986 (c. 62),

f

the Natural Heritage (Scotland) Act 1991 (c. 28),

F2fa

section 155(2)(a) of the Political Parties, Elections and Referendums Act 2000 (c.41),

g

section 33, 34 or 35 of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15),

h

article 53 of the Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913),

i

the Transport and Works (Scotland) Act 2007 (asp 8).

F1j

section 216(4) of the Equality Act 2010 (c.15).

5

The Scottish Ministers may by order modify subsection (4).

6

An order under this section is subject to the affirmative procedure.

F37

This section does not apply in relation to any regulations made in accordance with paragraph 6 of Schedule 7 to the European Union (Withdrawal) Act 2018 (including that paragraph as applied by paragraph 19(7) of that Schedule).