Coronavirus Act 2020

Health protection regulations: procedure

6 (1) Regulations under paragraph 1(1) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(2) Sub-paragraph (1) does not apply if the Scottish Ministers consider that the regulations need to be made urgently.

(3) Where sub-paragraph (2) applies, the regulations (the “emergency regulations”)—

(a) must be laid before the Scottish Parliament; and

(b) cease to have effect on the expiry of the period of 28 days beginning with the date on which the regulations were made unless, before the expiry of that period, the regulations have been approved by a resolution of the Parliament.

(4) Sub-paragraph (3)(b) does not apply in relation to regulations which—

(a) revoke (in whole or in part) emergency regulations; and

(b) do—

(i) nothing else; or

(ii) nothing else except make provision incidental or supplementary to the revocation.

(5) In calculating any period of 28 days for the purposes of sub-paragraph (3)(b), no account is to be taken of any period during which the Scottish Parliament is—

(a) dissolved; or

(b) in recess for more than 4 days.

(6) Where emergency regulations cease to have effect under sub-paragraph (3)(b), that does not—

(a) affect anything previously done by reference to the regulations;

(b) prevent new emergency regulations being made to the same or similar effect.