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PART 4SFURTHER PROVISION IN CONNECTION WITH PARTS 2 AND 3

[F1Uprating for inflation]S

Textual Amendments

[F286A]Duty to consider effects of inflationS

(1)Before the end of each financial year, the Scottish Ministers must—

(a)calculate the inflation-adjusted level of each relevant figure,

(b)prepare a report that complies with subsection (2),

(c)lay a copy of the report before the Scottish Parliament, and

(d)make the report publicly available by such means as the Ministers consider appropriate.

(2)A report prepared under subsection (1)(b) complies with this subsection if it—

(a)states what the Scottish Ministers have most recently calculated to be the inflation-adjusted level of each relevant figure,

(b)explains how the Ministers calculated the inflation-adjusted levels, and

(c)states what (if anything) the Ministers have done, or intend to do, in light of their calculations and their reasons for that decision.

(3)In this section, “relevant figure” means―

[F3(a)a figure prescribed as the value, or part of the value, of the assistance that is to be given to an individual in regulations under—

(i)any section in Chapter 2 of Part 2, F4...

(ii)section 79, [F5or]

[F6(iii)section 93A, but]]

(b)not a figure which is so prescribed to apply only in respect of periods that have ended, or events that occurred, before a particular date.

(4)The inflation-adjusted level of a figure prescribed in regulations is to be calculated for the purposes of this Chapter as follows—

where—

f is the figure prescribed, and

i is the number of percentage points which the Scottish Ministers consider reflects the change in the general level of relevant prices since a copy of a report was last laid before the Scottish Parliament under subsection (1)(c).

(5)It is for the Scottish Ministers to decide what prices are “relevant prices” in terms of subsection (4).

F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F986B][F8Duty to uprate assistance]S

(1)Before the end of each financial year, having calculated in accordance with section [F1086A] the inflation-adjusted level of each relevant figure F11...the Scottish Ministers must bring forward legislation to replace any relevant figure F12... which is, in their opinion, materially below its inflation-adjusted level with a figure of at least that level (subject to any rounding they think appropriate).

[F13(2)The reference in subsection (1) to bringing forward legislation to replace a figure is a reference to laying before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument containing regulations that would have the effect of replacing the figure.]

(3)If the Scottish Parliament approves a draft instrument laid before it by the Scottish Ministers in fulfilment of their duty under subsection (1), the Ministers must make the regulations contained in the draft instrument.

(4)In this section F14... “relevant figure” is to be construed in accordance with section [F1586A(3)].

Textual Amendments