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What is secondary legislation?

Find out about secondary legislation

Contents


Affirmative SSIs

Affirmative SSIs are looked at by the DPLR Committee and the lead committee (usually the committee who examined the Bill the SSI relates to).

The lead committee can take evidence on the SSI. It will also invite the Scottish Government minister responsible for the SSI to a committee meeting. The committee can ask the minister and any officials questions about the SSI. Both the DPLR and the lead committee will write reports.

At the meeting, the minister proposes (“moves”) a motion to say the lead committee recommends the SSI should be approved and the committee votes. The lead committee then writes a report to the Parliament with its recommendation. The lead committee has 40 days from when the SSI was laid before the Parliament to publish its report.

If the committee agrees the SSI should be approved, the whole of the Parliament then gets a chance to vote on it in the Chamber.

If the lead committee decides the SSI should not be approved, the Parliamentary Bureau decides whether MSPs should vote on it in the Chamber.

Some SSIs can go straight to a debate and vote in the Chamber, if the Parliament agrees.