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Interpretation and Legislative Reform (Scotland) Act 2010

Section 33 - Combination of certain powers

79.Section 33 makes provision for subordinate legislation making powers subject to different scrutiny procedures to be exercised together in a single instrument. In particular, it provides a foundation in law for making instruments using a combination of powers some of which are subject to the affirmative procedure (in terms of section 29), the negative procedure (in terms of section 28) and others to no procedure aside from laying or no procedure at all (in terms of section 30). It provides that where powers are so combined the highest scrutiny procedure applies to the whole instrument.

80.Subsection (6) makes clear that where powers are so combined, it has no effect on any additional requirements which may apply to one or more of the powers being exercised. A duty to consult before exercising one of the powers, for instance, will continue still to apply and will do so only in relation to the exercise of that power.

81.Subsection (7) makes clear that a power subject to the procedure commonly known as the emergency procedure cannot be combined with a power subject to any other procedure. Under the emergency procedure, an instrument can come into force immediately upon being made but can remain in force for a specified period only unless approved by parliamentary resolution.

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