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Inquiry into use of the made affirmative procedure during the coronavirus pandemic

Background

The Committee looked at the Scottish Government’s use of emergency regulation making powers, known as the ‘made affirmative procedure’. This is a type of secondary legislation. 

The made affirmative procedure allows the Scottish Government to bring changes into force immediately. While the Scottish Parliament does need to approve the changes within 28 days for the law to stay in force, MSPs and the public can only consider, comment and vote on changes once they have come into force. 

This is unlike other types of secondary legislation which the Parliament considers before the changes become law.

More details on each of these procedures, and how subordinate legislation works

Prior to the coronavirus pandemic, the made affirmative procedure had only been used a handful of times a year. Since March 2020, it has been used more than 100 times.

The Committee wanted to ensure the made affirmative procedure continues to be used appropriately and necessarily.

Your views

The Delegated Powers and Law Reform Committee considered how the made affirmative procedure has been used by the Scottish Government during the pandemic and wanted to hear from you to help it:

• inform the Scottish Parliament’s consideration of the made affirmative procedure in future legislation
• ensure there is an appropriate balance between flexibility for the Government in responding to an emergency situation while still ensuring appropriate parliamentary scrutiny and oversight.

The call for views closed on Monday 20 December 2021. 

Read the submissions

Report

Inquiry into use of the made affirmative procedure during the coronavirus pandemic

Inquiry into the use of the made affirmative procedure during the coronavirus pandemic