Parliamentary scrutiny and expiry of regulations made under paragraph 25
287.Paragraph 26 makes provision about the parliamentary procedure which applies to the making of regulations under paragraph 25 and about the automatic expiry of any regulations made under that power.
288.Specifically, regulations are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010) unless they are made under the bespoke procedure which is provided for by sub-paragraph (3). That procedure is available only where the regulations include a declaration that in the Scottish Ministers’ opinion the regulations need to be made so urgently that parliamentary approval of them in draft cannot be waited for.
289.Where that condition is met, the regulations can be made and come into force immediately under the made-affirmative procedure. They must be laid before the Scottish Parliament as soon as practicable after being made, and will cease to have effect if the Parliament does not approve them within 28 days (excluding days during which the Parliament could not approve the regulations because it is dissolved or in recess for a period of more than 4 days). In addition, the Scottish Ministers must explain their reasons for thinking that the situation is so urgent that the regulations need to be made in accordance with the made-affirmative procedure provided for by sub-paragraph (3).
