Part 6Remedial regulations

40Remedial regulations: procedure

(1)

Remedial regulations are subject to the affirmative procedure.

(2)

Before laying a draft of a Scottish statutory instrument containing remedial regulations before the Scottish Parliament, the Scottish Ministers must—

(a)

lay a copy of the proposed draft regulations, together with a document setting out their reasons for proposing to make the regulations, before the Scottish Parliament,

(b)

give such public notice of the contents of the proposed draft regulations as they consider appropriate and invite persons wishing to make observations on the draft regulations to do so, in writing, within the comment period,

(c)

have regard to any written observations submitted within the comment period.

(3)

In subsection (2)(b), the “comment period” means the period of 60 days beginning with—

(a)

the day on which the public notice was given,

(b)

if earlier, the day on which the draft regulations were laid, or

(c)

if both (a) and (b) happened on the same day, that day.

(4)

Along with a draft of a Scottish statutory instrument containing remedial regulations, the Scottish Ministers must also lay before the Scottish Parliament a document which—

(a)

summarises the observations to which they had regard under subsection (2)(c), and

(b)

sets out the changes (if any) which they have made to the remedial regulations and the reasons for them.

(5)

In calculating the period of 60 days for the purpose of subsection (3), no account is to be taken of any period during which the Scottish Parliament is—

(a)

in recess for more than 4 days, or

(b)

dissolved.