The Act: Overview Part 2: Education Chapter 1: Educational establishments etc. Section 12: Procedure for regulations
59.This section provides that regulations made by the Scottish Ministers under section 8, 9 or 10 are subject to the affirmative procedure. However, where the Scottish Ministers make a declaration that the regulations need to be made urgently, the made-affirmative procedure will apply: this means that the regulations can come into effect immediately, but will cease to have effect after 28 days of being made unless they have been approved by a resolution of the Scottish Parliament before the end of that period. In such cases, Ministers must explain why they are of the opinion that urgency requires the regulations to be made without their being subject to the affirmative procedure; and the regulations must include an expiry date – a “sunset” provision (unless they amend previous regulations which already contain a “sunset” provision).
60.In addition, subsection (9) of this section provides that where regulations merely revoke previous regulations made under section 8, 9 or 10 – or merely revoke such regulations and make related transitional, transitory or saving provision – then the regulations are not subject to the affirmative procedure but must be laid before the Scottish Parliament as soon as practicable after being made (sometimes known as the laid only procedure).