Search Legislation

Social Security (Scotland) Act 2018

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Social Security (Scotland) Act 2018, Section 97. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

97Further procedure for regulations about assistanceS

(1)This section applies (subject to subsection (11)) in relation to regulations under—

(a)any section in Chapter 2 of Part 2, and

(b)section 79.

(2)Where the Scottish Ministers propose to make regulations to which this section applies, they must (before laying a draft Scottish statutory instrument containing such regulations before the Scottish Parliament for approval by resolution)—

(a)inform the Scottish Commission on Social Security of their proposals,

(b)notify the Scottish Parliament that they have done so, and

(c)make their proposals publicly available by such means as the Ministers consider appropriate.

(3)For the purposes of subsection (2), proposals must take the form of draft regulations.

(4)Having been informed of the Scottish Ministers' proposals, the Commission must prepare a report setting out its observations and recommendations in relation to the proposals.

(5)The Scottish Ministers must ensure that the Commission has such time to prepare the report as the Commission deems appropriate.

(6)In preparing its report, the Commission—

(a)must have regard to—

(i)the Scottish social security principles, and

(ii)any relevant international human rights instruments (as defined in section 22(5)), and

(b)may consult any persons it considers appropriate.

(7)If the Commission's members are unable to agree the terms of its report unanimously, the report must set out the matters over which members differ.

(8)Having prepared its report, the Commission must—

(a)submit a copy of the report to—

(i)the Scottish Ministers, and

(ii)the Scottish Parliament, and

(b)make the report publicly available by such means as the Commission considers appropriate.

(9)When laying a draft Scottish statutory instrument containing regulations to which this section applies before the Scottish Parliament for approval by resolution, the Scottish Ministers must also lay before the Parliament either—

(a)a response to the Commission's report on the proposals for the regulations, or

(b)a statement explaining why the Ministers consider it appropriate to lay the draft instrument before the Parliament before the Commission has submitted its report on the proposals for the regulations.

(10)The response mentioned in subsection (9)(a) must, in particular, give details of—

(a)how (if at all) the regulations differ from the proposals,

(b)how the Scottish Ministers have sought to address the observations and recommendations contained in the Commission's report, and

(c)any observations or recommendations contained in the report that the Ministers disagree with and have not sought to address.

(11)This section does not apply in relation to regulations made only for the purpose of the consolidation of earlier regulations.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources