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12.—(1) Paragraphs (2) to (4) apply where any enactment–
(a)provides, or has the effect of providing, that a draft of any Scottish statutory instrument is to be laid before the Scottish Parliament, but
(b)does not prohibit the making of the instrument without the approval of the Scottish Parliament.
(2) The instrument shall not be made (or, in the case of a draft Order in Council, shall not be submitted to Her Majesty in Council) until after the end of the period of 40 days beginning with the day on which the draft is laid before the Scottish Parliament.
(3) No further proceedings shall be taken on the instrument if the Scottish Parliament resolves, within the period of 40 days, that the instrument be not made (or, as the case may be, be not submitted).
(4) Paragraph (3) is without prejudice to the laying of a new draft before the Scottish Parliament.
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