29Instruments subject to the affirmative procedureS
(1)This section applies where, by virtue of an enactment, devolved subordinate legislation is subject to the affirmative procedure.
(2)The subordinate legislation is not to be made unless a draft of the Scottish statutory instrument containing it is laid before, and approved by resolution of, the Scottish Parliament.
(3)If the requirements of subsection (2) are not complied with in relation to any subordinate legislation to which this section applies, the purported subordinate legislation has no effect.
(4)Subsection (3) is without prejudice to section 32(3).
Modifications etc. (not altering text)
C1S. 29 applied (with modifications) (26.6.2018) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(1)(e), Sch. 7 para. 2(7) (with s. 19, Sch. 8 para. 37)
C2S. 29 applied by 2018 c. 16, Sch. 7 paras. 8C(7), 8E(7), 8G(7) (as inserted (23.1.2020 for specified purposes, 31.1.2020 for specified purposes, 19.5.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(ix), Sch. 5 para. 51 (with s. 38(3)); S.I. 2020/75, reg. 4(n)(xxiii); S.I. 2020/518, reg. 2(p)(i))
C3S. 29 applied (with modifications) (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(6)(e), Sch. 5 para. 5(5)
C4S. 29 applied (with modifications) (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(6)(e), Sch. 5 para. 11(5)
C5S. 29 applied (with modifications) (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(6)(e), Sch. 5 para. 13(7)
C6S. 29 applied (with modifications) (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(6)(e), Sch. 5 para. 7(7)
C7S. 29 applied (with modifications) (6.5.2021) by Trade Act 2021 (c. 10), Sch. 2 para. 5(5); S.I. 2021/550, reg. 2(g)
C8S. 29 applied (29.6.2023) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(1)(e), Sch. 5 para. 13(2)
C9S. 29 applied (with modifications) (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(10)(a), Sch. 24 para. 5(5) (with s. 247)
Commencement Information
I1S. 29 in force at 26.1.2011 for specified purposes by S.S.I. 2011/17, art. 4(b) (with art. 5)
I2S. 29 in force at 6.4.2011 in so far as not already in force by S.S.I. 2011/17, art. 3(a)