Coronavirus (Recovery and Reform) (Scotland) Act 2022

Temporary provisions

50 The measures

The schedule contains temporary modifications to the law.

51 Power to suspend and revive

(1) The Scottish Ministers may by regulations—

(a) suspend the operation of any provision in the schedule,

(b) revive the operation of a provision so suspended.

(2) Sections 15 to 17 of the Interpretation and Legislative Reform (Scotland) Act 2010 (effect of repeals) apply to the suspension of a provision by regulations under subsection (1)(a) as if the provision had been repealed by an Act.

(3) The powers in subsection (1) may be exercised more than once in relation to the same provision.

52 Expiry

(1) The temporary modifications to the law in the schedule expire at the end of 30 November 2023.

(2) Subsection (1) is subject to the power to bring expiry forward under section 53.

(3) The Scottish Ministers—

(a) may by regulations modify subsection (1) so that it specifies a date one year later than the date for the time being specified, but

(b) may not, by virtue of this subsection, modify subsection (1) so that it specifies a date later than 30 November 2025.

(4) Ahead of any provision in the schedule expiring by virtue of subsection (1), the Scottish Ministers must carry out a review of its operation in order to decide whether the date of its expiry should be put back by virtue of subsection (3).

(5) Subsection (4) does not apply if the date specified in subsection (1) is 30 November 2025.

(6) In carrying out a review under subsection (4), the Scottish Ministers must consult any person they consider appropriate.

(7) At the same time as laying a draft Scottish statutory instrument containing regulations under subsection (3) before the Scottish Parliament in accordance with section 29(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (instruments subject to the affirmative procedure), the Scottish Ministers must lay before the Parliament a statement summarising—

(a) their reasons for proposing that the regulations be made,

(b) the findings of the latest review carried out under subsection (4),

(c) what consultation they undertook in carrying out that review.

53 Power to bring expiry forward

The Scottish Ministers may by regulations provide that any provision in the schedule—

(a) does not expire at the time when it would otherwise expire (whether by virtue of section 52 or previous regulations under this section), and

(b) expires instead at such earlier time as is specified in the regulations.

54 Regulations under this Part

(1) A power to make regulations conferred by this Part includes the power to make different provision for different purposes.

(2) Regulations under sections 51 and 53 are subject to the negative procedure.

(3) Regulations under section 52 are subject to the affirmative procedure.