Climate Change (Scotland) Act 2009

97 Subordinate legislation: pre-laying procedure

(1) This section applies where the Scottish Ministers propose to lay before the Scottish Parliament a draft of a statutory instrument containing the first regulations under section 84 or 88 (other than a draft containing regulations mentioned in section 96(7)(c) or (d) to which section 96(5) applies).

(2) The Scottish Ministers must, before doing so, lay before the Parliament—

(a) a copy of the proposed regulations; and

(b) a statement setting out their reasons for proposing to make those regulations.

(3) The Scottish Ministers must, when laying such a copy, specify a period (the “representation period”) during which representations on the proposed regulations may be made to them.

(4) The representation period must be at least 90 days, of which no fewer than 30 must be days on which the Parliament is not dissolved or in recess.

(5) The Scottish Ministers must, as soon as reasonably practicable after laying a copy of the proposed regulations, publicise them in such manner as they consider appropriate.

(6) The Scottish Ministers must, before laying the proposed regulations before the Parliament, have regard to—

(a) any representations on the proposed regulations made to them;

(b) any resolution relating to those regulations passed by the Parliament; and

(c) any report relating to those regulations published by any committee of the Parliament for the time being appointed by virtue of standing orders,

before the expiry of the representation period.

(7) The Scottish Ministers must, when laying such proposed regulations, lay a statement setting out—

(a) details of any representations, resolutions or reports mentioned in subsection (6);

(b) the changes (if any) they have made to the proposed regulations in response to such representations, resolutions or reports and the reasons for those changes.

(8) In this section, “proposed regulations” means a draft of a statutory instrument to which subsection (1) applies.