Social Security (Scotland) Act 2018

97[F1Further procedure for regulations]S

This section has no associated Explanatory Notes

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

[F2(a)section 11(2),

(b)section 13(3),

(c)any section in Chapter 2 of Part 2,

(d)section 41(4)(a),

(e)section 43(5),

(f)section 51(1),

(g)section 52,

(h)section 63(12),

(i)section 69A(4)(a),

(j)section 69C(6),

(k)section 79(1),

(l)section 81(8),

(m)section 82,

(n)section 84A(1),

(o)section 85B(5),

(p)section 85F(1),

(q)section 87B(4)(c),

(r)section 87B(4)(d),

(s)section 87B(5),

(t)section 87C(1),

(u)section 87C(4),

(v)section 93A(1), and

(w)section 95, where the power to make regulations conferred by that section is exercised together with any of the powers to make regulations listed in paragraphs (a) to (v).]

[F3(1A)This section applies (subject to subsection (11)) in relation to regulations made under section 13(1) of the Social Security Act 1988 and section 175(4) of the Social Security Contributions and Benefits Act 1992, where the powers to make regulations conferred by those sections are exercised together.]

(2)[F4Before the Scottish Ministers finalise] regulations to which this section applies, they must F5...—

(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 [F6the Scottish Ministers finalise regulations to which this section applies, they] 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 [F7finalise the regulations] 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.

[F8(12)The Scottish Ministers may by regulations modify subsections (1) and (1A) so as to add, remove or vary the description of a power to make regulations conferred by this Act or by any other enactment.

(13)In this section, “finalise” means—

(a)in the case of regulations subject to the affirmative procedure, laying the draft Scottish statutory instrument containing the regulations before the Scottish Parliament for approval by resolution,

(b)in the case of regulations subject to the negative procedure, making the regulations.]

Textual Amendments

F2S. 97(1)(a)-(w) substituted for s. 97(1)(a)(b) (10.5.2025) by Social Security (Amendment) (Scotland) Act 2025 (asp 2), ss. 20(2)(a), 27(2); S.S.I. 2025/119, reg. 2, sch.