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Interpretation and Legislative Reform (Scotland) Act 2010

Schedule 3: Scottish Statutory Instruments: Procedures Prescribed in Pre-Commencement Enactments

118.This schedule modifies the existing procedures for scrutinising SSIs in pre-commencement enactments in order to bring them into line with the provisions in sections 28 to 32.

119.It provides that the negative procedure (defined by section 28) applies where the pre-commencement enactment provides that:

  • the instrument, having been made, is subject to annulment in pursuance of a resolution of the Parliament (paragraph 2);

  • a draft of the instrument must be laid before the Parliament and it cannot be made if the Parliament so resolves within 40 days (paragraph 3); or

  • the instrument, having been made, cannot come into force until it has been laid before the Parliament for a specified period and the Parliament may, by resolution, annul it (paragraph 4).

120.It provides that the affirmative procedure (defined by section 29) applies where the pre-commencement enactment provides that:

  • a draft of the instrument must be laid before the Parliament and it cannot be made until the Parliament has resolved that it can (paragraph 5); or

  • the instrument, having been made, cannot come into force unless and until is laid before the Parliament and approved by resolution (paragraph 6).

121.It provides that section 30, which requires the instrument simply to be laid before the Parliament, applies where the pre-commencement enactment provides that:

  • the instrument, having been made, cannot come into force unless it has been laid before the Parliament for a specified period (paragraph 7); or

  • the instrument does not need to be laid before the Parliament at all (paragraph 8).

122.To the extent that pre-commencement enactments provide for any other parliamentary scrutiny procedures they will continue unaltered.

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