Section 13 – Power to modify matters in relation to reviews
153.This section provides a broad power allowing the Scottish Ministers to, by regulations, make various changes to section 12 in particular. Regulations made under this power can modify an enactment, meaning that they could adjust section 12 directly (meaning that the full definition of a review remains in one place). However, under section 32, regulations under this section are subject to the affirmative procure so they could only be made if the Scottish Parliament first votes to approve them in draft.
154.The power to make changes under this section allows for the following—
The power allows provision to be made changing what it means for the purpose of the review definition for abusive behaviour to “result in” or (in the case of suicide) be a contributing factor to a death. This is most likely to be relevant to deaths of partners/ex-partners by suicide following abusive behaviour, as suicides often are the cause of multiple factors which are complex and difficult to disentangle. Under section 32, it will be possible to use this power to make different provision for different purposes, meaning that bespoke provision could be made in respect of suicide. This could, for example, require there to be certain evidence of causality in cases of suicide, or a certain proximity between the abusive behaviour and the suicide.
The power allows different provision to be made changing what the relationship between two people needs to be in order to give rise to a review. This would, for example, allow deaths arising from so-called “honour killings” or a person’s former partner killing their new partner to be brought into the review model.
The power allows the circumstances which may give rise to a review to be changed, including so as to cover circumstances in which there is no death. This would therefore allow, for example, the review model to eventually be extended to cover near-death incidents or even serious incidents which are a level below that. However, the power is limited to specifying circumstances relating to abusive behaviour, so the review model will always remain about abuse in relationships.
The power allows the name of the review model to be changed in consequence of a change to the substance of the model. For example, if it is extended beyond deaths then the current name would no longer be appropriate, and this power could be exercised in order to remedy that. However, the power is limited to being used in consequence of a change to the substance of the circumstances which can give rise to a review.
The power also allows changes to be made to section 19, which is the sift mechanism. This would allow, for example, any broader criteria introduced in section 12 to be narrowed appropriately using the sift mechanism.
