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(1)This section applies where devolved subordinate legislation is not, by virtue of an enactment, subject to the negative procedure or the affirmative procedure.
(2)The Scottish statutory instrument containing the subordinate legislation must be laid before the Scottish Parliament as soon as practicable after the legislation is made (and in any event before the legislation is due to come into force).
(3)References in subsections (1) and (2) to devolved subordinate legislation do not include references to subordinate legislation made under an enactment mentioned in subsection (4).
(4)Those enactments are—
(a)the Harbours Act 1964 (c. 40),
(b)the Water (Scotland) Act 1980 (c. 45),
(c)the Road Traffic Regulation Act 1984 (c. 27),
(d)the Roads (Scotland) Act 1984 (c. 54),
(e)section 1, 2 or 8 of the Salmon Act 1986 (c. 62),
(f)the Natural Heritage (Scotland) Act 1991 (c. 28),
[F1(fa)section 155(2)(a) of the Political Parties, Elections and Referendums Act 2000 (c.41),]
(g)section 33, 34 or 35 of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15),
(h)article 53 of the Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913),
(i)the Transport and Works (Scotland) Act 2007 (asp 8).
[F2(j)section 216(4) of the Equality Act 2010 (c.15).]
(5)The Scottish Ministers may by order modify subsection (4).
(6)An order under this section is subject to the affirmative procedure.
[F3(7)This section does not apply in relation to any regulations made in accordance with paragraph 6 of Schedule 7 to the European Union (Withdrawal) Act 2018 [F4or paragraph 15 of Schedule 5 to the European Union (Future Relationship) Act 2020] F5....]
Textual Amendments
F1S. 30(4)(fa) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 7(14), 72(4)(a); S.I. 2017/608, reg. 2(1)(e)
F2S. 30(4)(j) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 38(10), 72(7)
F3S. 30(7) inserted (4.7.2018) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 8 para. 33 (with s. 19, Sch. 8 para. 37); S.I. 2018/808, reg. 3(g)(v)
F4Words in s. 30(7) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(6)(g), Sch. 6 para. 4
F5Words in s. 30(7) omitted (31.1.2020) by virtue of European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 35 (with s. 38(3)); S.I. 2020/75, reg. 4(n)(xii)
Modifications etc. (not altering text)
C1S. 30 excluded (6.4.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/88), arts. 1, 5
C2S. 30 excluded (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), ss. 45(6), 49(1) (with ss. 2(2), 5(2))
Commencement Information
I1S. 30 in force at 26.1.2011 for specified purposes by S.S.I. 2011/17, art. 4(b) (with art. 5)
I2S. 30 in force at 6.4.2011 in so far as not already in force by S.S.I. 2011/17, art. 3(a)
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