Transcript

NARRATOR:

When a change to the law is proposed, it is normally known as a ‘Bill’. This is primary legislation. Primary legislation that has completed its journey of consultation, debate and scrutiny, and is passed by the Parliament becomes an Act.

Often, primary legislation grants power to the Scottish Ministers to introduce changes to the law without the need for new primary legislation or to fill in the detail of primary legislation. This is known as secondary legislation.

Secondary legislation generally sets out the technical details or administrative matters necessary for primary legislation to operate. It can include any subject matter, from establishing criminal penalties or licencing schemes to providing procedural rules.

It is the job of the Parliament, with advice from the delegated powers and Law Reform Committee, to decide whether or not to grant power to the Scottish Ministers to make secondary legislation. If that power is granted, it is then the job of the delegated powers and Law Reform Committee and the relevant subject committee to check and report on the secondary legislation when it comes forward.

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