Land Reform (Scotland) Act 2025

46 Further procedure for regulations under sections 23 and 24 S

(1) The Scottish Ministers may not lay before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument containing regulations in relation to which this section applies—

(a) until they have consulted on proposals for the regulations in accordance with subsection (3) for the 60 day period described by subsection (4), and

(b) without laying before the Parliament, at the same time as the draft instrument, an explanatory document fulfilling the requirements set out in subsection (6).

(2) For the purposes of subsection (1)(a), proposals for regulations must take the form of—

(a) a draft of the regulations, and

(b) an explanatory document containing reasons for the draft regulations’ content.

(3) To consult on proposals for regulations, the Scottish Ministers must—

(a) lay the proposals before the Scottish Parliament, and

(b) send a copy of them to any other person they consider it appropriate to consult.

(4) The 60 day period referred to in subsection (1)(a) begins with the day that the Scottish Ministers lay the proposals before the Parliament in accordance with subsection (3)(a).

(5) In calculating the 60 day period, no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.

(6) The requirements for the explanatory document referred to in subsection (1)(b) are that the document contain—

(a) reasons for the provisions contained in the draft instrument alongside which the document is laid before the Parliament,

(b) details of what was done to consult in relation to the proposals for the regulations,

(c) details of the representations received in relation to the proposals for the regulations during the 60 day period described by subsection (4),

(d) details of what changes (if any) were made as a result of those representations in turning the draft of the regulations that comprised the proposals into the regulations contained in the draft instrument.

(7) In complying with subsection (6)(c), the Scottish Ministers must not disclose—

(a) representations received from a person who has not consented to their being disclosed,

(b) information about a person (“person A”) contained in representations received from another person if and to the extent that—

(i) it appears to the Scottish Ministers that disclosure of the information could adversely affect the interests of person A, and

(ii) the Scottish Ministers have been unable to obtain person A’s consent to the disclosure of the information.

Commencement Information

I1 S. 46 in force at 17.12.2025, see s. 47(1)