Explanatory Notes

Social Security (Amendment) (Scotland) Act 2025

2025 asp 2

23 January 2025

Commentary on Provisions

Part 10: Final Provisions

Section 24: Meaning of “2018 Act”

151.This section provides that the Social Security (Scotland) Act 2018 is referred to throughout the Act as the “2018 Act”.

Section 25: Ancillary provision

152.This section gives the Scottish Ministers a freestanding regulation-making power to make any incidental, supplementary, consequential, transitional, transitory or saving provision that they consider appropriate for the purposes of, or in connection with, or for giving full effect to, the Act.

153.Subsection (2) allows such regulations to modify any legislation, including the Act itself: in doing so the regulations would be subject to the affirmative Parliamentary procedure. Otherwise they are subject to the negative procedure.

Section 26: Regulation-making powers

154.This section amends section 96 of the 2018 Act in order to set out the Parliamentary procedure for the regulation-making powers amended into the 2018 Act by this Act. The affirmative powers are listed in section 96(2) of the 2018 Act and the negative powers in section 96(3).

Section 27: Commencement

155.This section provides that Part 10 of the Act comes into force on the day after Royal Assent.

156.All other provisions of the Act are to come into force on a day appointed by regulations made by the Scottish Ministers. These regulations may make transitional, transitory or saving provision related to commencement and may make different provision for different purposes. These regulations are also required to be laid before the Parliament under section 30 of the Interpretation and Legislative Reform (Scotland) Act 2010, but they are not otherwise subject to any Parliamentary procedure.

Section 28: Short title

157.This section provides that the Act will be referred to as the Social Security (Amendment) (Scotland) Act 2025.