Section 210 — Equality Act 2010: The Scottish Ministers

The Scottish Ministers 210 1 This section applies where the power to make an order, regulations or rules under this Act is exercisable by the Scottish Ministers.

2 A statutory instrument containing (whether alone or with other provision) an order or regulations mentioned in subsection (3) is subject to the affirmative procedure.

3 The orders and regulations referred to in subsection (2) are—

a regulations under section 2 (socio-economic inequalities);

b regulations under section 37 (power to make provision about adjustments to common parts in Scotland);

c an order under section 151 (power to amend list of public authorities for the purposes of the public sector equality duty);

d regulations under section 153 or 154(2) (public sector equality duty: powers to impose specific duties);

e regulations under section 155(5) that amend an Act of Parliament or an Act of the Scottish Parliament (public sector equality duty: power to modify or remove specific duties).

4 But a statutory instrument is not subject to the affirmative procedure by virtue of subsection (2) merely because it contains an order under section 151 that provides for—

a the omission of an entry where the authority concerned has ceased to exist, or b the variation of an entry where the authority concerned has changed its name.

5 A statutory instrument that is not subject to the affirmative procedure by virtue of subsection (2) is subject to the negative procedure.

6 If a statutory instrument is subject to the affirmative procedure, the order or regulations contained in it must not be made unless a draft of the instrument is laid before and approved by a resolution of the Scottish Parliament.

7 If a statutory instrument is subject to the negative procedure, it is subject to annulment in pursuance of a resolution of the Scottish Parliament.