Section 4: Procedure for regulations under section 3
14.Section 4 sets out the relevant Parliamentary procedures for regulations made under section 3.
15.Section 4(1) provides that regulations moving expiry to an earlier date are subject to the negative procedure in the Scottish Parliament. Subsection (2) provides that regulations moving expiry to a later date are subject to the affirmative procedure in the Scottish Parliament.
16.Subsection (3) places an obligation on the Scottish Ministers to consult each health board in Scotland, and any other parties that the Scottish Ministers think it is appropriate to consult, before they make regulations under section 3(1), or lay draft regulations under section 3(2).
17.When a draft of regulations to move expiry to a later date is laid before the Scottish Parliament, there is also a duty on the Scottish Ministers, under subsection (4), to lay before the Parliament a statement of their reasons why the regulations should be made.
18.Subsection (5) gives the Scottish Ministers the power to make urgent regulations moving expiry to a later date. If the Scottish Ministers consider that such regulations are required then they are not obliged to consult with health boards or other parties before making them, the affirmative procedure will not apply, and when the regulations are made they will be effective immediately. The regulations must be laid before the Scottish Parliament, along with a statement of the Scottish Ministers’ reasons for making the regulations and for doing so urgently, without using the affirmative procedure. The regulations will cease to have effect 28 days after they are made, unless the Parliament approves them by resolution within that period.
