Scottish Government ministers (or another authorised person) can make laws using subordinate, delegated or secondary legislation, if they have the required powers under an Act of Parliament.
Negative instruments
SSIs subject to the negative procedure ("negative instruments") are usually made (that is, signed by a Minister) before they are laid before the Parliament and come into force generally 28 days after being laid.
Affirmative instruments
SSIs subject to the affirmative procedure ("affirmative instruments") are normally laid before the Parliament in draft form and require the approval of the Parliament in order to come into force or (more rarely) to remain in force.
Instruments that have already been considered
Negatives
June 2018
Both instruments were considered at the meeting on 20 June 2018. The Committee made no comment on instrument SSI 2018/170.
In respect of SSI2018/171 the Committee considered a similar instrument last year and the Scottish Government highlighted that at this point that it intended to consolidate and update the various pieces of secondary legislation that regulate student fees and support in the higher education sector in Scotland, with a view to ensuring greater clarity and consistency. Given the committee’s interest in the area and its complexity, the Committee agreed to seek confirmation from the Government that it is still its intention to consolidate.
October 2018
The Committee considered the instrument noted above at its meeting on 3 October 2018 and made no comment on the instrument
November 2018
The Committee consider the Education (Student Loans) (Miscellaneous Amendments) (Scotland) Regulations 2018 (SSI 2018/307). The Committee made no comment on the instrument.
The Committee agreed to write to the Government to clarify certain points in respect of Education Psychology students.
March 2019
The Committee considered the following instruments on 20 March 2019 and made no comments in relation to these instruments.
May 2019
The Committee considered the following instrument on 22 May 2019 and made no comments in relation to this instrument.
The Convener wrote to the Cabinet Secretary for Education and Skills regarding the timing of the next piece of substantive subordinate legislation relating to St Mary’s Music School. The letter from the Convener and the response from the Scottish Government is noted below.
June 2019
The Committee considered the following instruments on 12 June 2019 and made no comments in relation to these instruments.
September 2019
The Committee considered the following instruments on 4 September 2019 and made no comments in relation to these instruments.
November 2019
The Committee considered the following instrument on 27 November 2019 and made no comment in relation to this instrument.
May 2020
The Committee considered the following instrument on 15 May 2020 and made no comment in relation to this instrument.
The committee was copied into a letter from the Director of Learning, Scottish Government to the Presiding Officer regarding the non compliance of Section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 due to the Covid-19 virus.
June 2020
The Committee considered these instruments on 5 June 2020 and made no comments in relation to these instruments
The Education (Scotland) Act 1980 (Modification) Regulations 2020: SSI2020/150
The Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations 2020: SSI 2020/153
The Education (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020: SSI 2020/149
The Committee was copied into a letter from the Director of Learning, Scottish Government to the Presiding Officer regarding the non compliance of Section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 due to the Covid-19 virus.
The Committee consider the following instrument on 12 June 2020 and made no comment in relation to this instrument.
The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 (Fees) (Coronavirus) Regulations 2020: SS1 2020/163
August 2020
The Committee considered the following negative instrument at its meeting on 12 August 2020 and made no comment in relation to this instrument.
The Committee considered the following negative instruments at its meeting on 19 August 2020 and mad no comment in relation to these instruments.
November 2020
The Committee considered the following legislation on the 11 November 2020 and made no comment on the instrument
December 2020
The Committee considered the following legislation on the 9 December 2020 and made no comment.
January 2021
The Committee considered the following negative instrument on 27 January 2021 and made no comment.
February 2021
The Committee considered the following negative instrument on 10 February 2021 and made no comment.
The Committee considered the following instruments on 17 February 2021 and made no comment
March 2021
The Committee considered the following instrument on 3 March 2021 and made no comment.
The Committee considered the following instrument on 24 March 2021 and made no comment.
Affirmatives
November 2018
The Committee considered the Assigned Colleges (University of the Highlands and Islands) Order 2018 (draft) on the 7 November 2018. The Committee agreed to a motion recommending that the regulations are approved.
February 2019
The Committee considered the Continuing Care (Scotland) Amendment Order 2019 (draft) on 20 February 2019. The Committee agreed to a motion recommending that the order be approved
May 2019
The Committee considered the Children and Young People (Scotland) Act 2014 (Modification) (No. 1) Order 2019 (SSI 2019/draft) and Children and Young People (Scotland) Act 2014 (Modification) (No. 2) Order 2019 (SSI 2019/draft) on 22 May 2019. The Committee agreed to a motion recommending that the orders be
approved
The Convener wrote to the Minister for Children and Young People for information regarding the rates for partner providers in the expanded Early Learning and Childcare funded hours.
The Committee considered the Head Teachers Education and Training Standards (Scotland) Regulations 2019 (draft). The Committee agreed to a motion that the order be approved
The Cabinet Secretary for Education and Skills wrote to the Committee with supplementary information in respect of the Head Teachers Education and Training Standards.
September 2019
The Committee considered the Provision of Early Learning and Childcare (Specified Children) (Scotland) Amendment Order 2019 .
The Committee received submissions in respect of the above affirmative instrument from Save the Children these are noted below.
The Committee agreed to a motion that the order be approved
The Committee considered the following instrument on 12 June 2020
Draft SSI: The Registration of Independent Schools (Prescribed Person) (Coronavirus) (Scotland) Amendment Regulations 2020
The Committee agreed to a motion that the order be approved
September 2020
The Committee considered the following affirmative instrument at its meeting on 2 September 2020
The Abertay University and Robert Gordon University (Change of Names) (Scotland) Amendment Order 2020
The Committee agreed to a motion that the order be approved.
October 2020
The Committee considered the following affirmative instrument at its meeting on 2 September 2020
The Committee agreed to a motion that the order be approved.
January 2021
The Committee considered the following affirmative instruments at its meeting on 27 January 2021
The Committee agreed to a motion that the order be approved.
The Committee considered the following affirmative instruments at its meeting on 27 January 2021
The Committee agreed to a motion that the order be approved.
February 2021
The Committee considered the following affirmative instrument at its meeting on 17 February 2021.
The Committee agreed to a motion that the order be approved.
Laid Only Notifications
Laid only notifications are instruments which are laid before Parliament for technical scrutiny. After they are made the Parliament cannot reject them.
December 2020
The following instrument was laid on the 3rd December 2020
SSI 2020/412 (C. 37): The Children (Scotland) Act 2020 (Commencement No. 1 and Saving Provisions) Regulations 2020
SI Notifications
The Committee has received a number of notifications on subordinate legislation that is being laid by the UK Parliament under the EU (Withdrawal) Act 2018. Correspondence in respect of these notifications are below.