Question concerning the process of Parliamentary scrutiny or vote on new laws: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.

Information requested

"In the last 9 months which new laws have been passed without Parliamentary scrutiny or vote?"


While our aim is to provide information whenever possible, in this instance the Scottish Government holds no information relevant to your request. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

I am interpreting your request as possibly making reference to subordinate legislation made by the Scottish Ministers in advance of any such instrument (SSI) being laid in, or scrutinised by, the Parliament. SSIs which have made provision in response to the Coronavirus (COVID-19) pandemic are recent examples. Such legislation is commonly referred to being made under 'made affirmative' procedure. Although such instruments enable the Scottish Ministers to bring measures into legal effect prior to parliamentary scrutiny, you may wish to note that any such instrument cannot remain in force unless approved by Parliament within 28 days of the instrument having been laid.

In response to concerns expressed by Members of the Scottish Parliament about the role of Parliament in scrutinising regulations made to implement the Covid Strategic Framework, Ministers have engaged constructively to establish an arrangement for enhanced scrutiny of relevant proposals. More specifically:

  • in tandem with ministerial statements made each Tuesday updating the Chamber on any changes to be made under the terms of the framework, provision to Parliament of information offering background on, and to support the content of, those statements;

  • sharing with the Parliament relevant draft regulations and policy notes each Wednesday; and

  • providing oral evidence to the Parliament's Covid-19 Committee on a Thursday.

This weekly cycle affords Members the opportunity to scrutinise any proposed changes to levels based Regulations relating to the Strategic Framework before such changes come into effect.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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