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Interpretation and Legislative Reform (Scotland) Act 2010

Schedule 4: Application of Part 2 to Statutory Instruments Laid before the Parliament

123.Some SIs and draft SIs are subject to scrutiny by the Parliament. For example, the Scotland Act provides for this in the case of Orders in Council subject to the procedures referred to as Types A, F and H in Schedule 7 to that Act.

124.As a consequence of the new statutory framework for the Parliament’s scrutiny procedures provided for in sections 28 to 32, it is necessary to adapt references in pre-commencement enactments to the Parliament’s scrutiny of SIs and draft SIs to refer to the new procedural labels. Pre-commencement enactments are defined in paragraph 1 of schedule 4 to mean enactments passed or made before Part 2 comes into force.

125.Schedule 4 accordingly provides that, where any pre-commencement enactment provides for:

  • an SI to be subject to annulment in pursuance of a resolution of the Parliament, sections 28 and 31 apply to it as they apply in relation to an SSI which is subject to the negative procedure;

  • a draft of an SI to be laid before, and approved by resolution of the Parliament, section 29 applies to it as it applies in relation to an SSI which is subject to the affirmative procedure; and

  • an SI to be laid before the Parliament (but it is to be subject to neither the negative nor the affirmative procedure), sections 30 and 31 apply to it as they apply in relation to an SSI.

126.Schedule 4 also applies the provisions of section 32 (which defines what it means for an instrument to be laid before the Parliament) to SIs and draft SIs laid before the Parliament.

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