The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011

Amendment of the Transport and Works (Scotland) Act 2007

20.  In section 12 (publicity for making or refusal of order)—

(a) in subsection (2)(a), after “made” where it first occurs insert “or contained in the draft statutory instrument laid before the Parliament”;

(b) for subsection (3) substitute—

“(3) Where the order is subject to the affirmative procedure by virtue of section 13, any notice giving information under sub-paragraph (iv) of subsection (2)(b) must intimate that the order cannot be made unless the Parliament, by resolution, approves the draft statutory instrument containing the order.”.

(c) in subsection (6), after “made” insert “(or where the order is subject to the affirmative procedure by virtue of section 13 a draft of the statutory instrument is to be laid before the Parliament)”;

(d) in subsection (13)—

(i) after “section 1” insert “(or where the order is subject to the affirmative procedure by virtue of section 13, after a draft of the statutory instrument containing the order is laid before the Parliament)”;

(ii) after “6” insert “, or is to be made by virtue of that section if the Parliament approves the draft statutory instrument containing it”; and

(iii) in paragraph (b)(i), after “order” insert “or where the order is subject to the affirmative procedure a draft of the statutory instrument containing the order”; and

(e) in subsection (14), from “contained” to the end substitute “subject to the affirmative procedure by virtue of section 13”.