The Act Subordinate legislation: pre-laying procedure
194.The effect of section 97 is to provide that, with a few exceptions, the first regulations exercising powers under sections 84 and 88 (which relate to deposit and return schemes and carrier bag charges respectively) are to be subject to the procedure set out in this section. The exceptions are referred to in subsection (1), and are those which are subject to negative procedure in terms of section 96(5). These include regulations dealing with the amount of deposits, information notices about the operation of deposit and return schemes, and fees for the registration of retailers and producers.
195.Otherwise, the procedure set out in this section for the first exercise of the powers in sections 84 and 88 is that, under subsections (2) to (5), the Scottish Ministers must lay a copy of the proposed regulations before the Parliament, with a statement of reasons for proposing to make these regulations, and specify a period of not less than 90 days, of which at least 30 must be days on which the Parliament is not dissolved or in recess. During this period, the Scottish Ministers must publicise the proposed regulations and representations may be made to Ministers, the Parliament may make resolutions relating to the regulations, or a parliamentary committee may prepare a report on them. Under subsection (7), when the Scottish Ministers lay the draft regulations for approval they must provide a statement providing details of any such representations, resolutions or reports, and what changes (if any) they have made to the proposed regulations in the light of these.
196.Thereafter procedure for making the regulations is affirmative, as provided for at section 96(4).