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What is secondary legislation?

Find out about secondary legislation

Contents


Brexit SSIs and SIs

When the UK leaves the EU, some laws and regulations will no longer apply or work properly. The Scottish and UK governments have been making legislation to:

  • provide for the UK's new position as a non-EU member
  • correct laws and regulations to ensure they work properly

In some cases, the Scottish Government makes secondary legislation (SSIs) about Brexit.  

In other cases, the UK Government makes a Statutory Instrument (SI) which covers all parts of the UK, including Scotland. When this happens the Scottish Government and the Scottish Parliament have an agreement, or “protocol”, explaining how they will work together.

The Scottish Government writes to a Scottish Parliament committee explaining if it plans to agree with the SI being made in the UK Parliament, and why. The Scottish Government makes a recommendation to say if they think the UK Government should or should not make the SI in the UK Parliament for Scotland. The committee then decides if it agrees with the Scottish Government’s decision.

If the committee does not agree with the Scottish Government’s decision, the Scottish Government can either:

  • agree with the committee and not give its consent to the UK Parliament
  • try to get agreement from the rest of the Parliament through a debate in the Chamber
  • introduce its own SSI instead