Social Security (Amendment) (Scotland) Act 2025

15 Power to make provision in relation to appointments made by a Minister of the Crown

(1) The 2018 Act is modified as follows.

(2) After section 85E insert—

“85F Power to make provision in relation to appointments made by a Minister of the Crown

(1) The Scottish Ministers may by regulations make provision for an appointed person to be treated as though appointed by the Scottish Ministers under section 85A or 85B to act on behalf of that individual.

(2) In this section “appointed person” means a person appointed by a Minister of the Crown to act on behalf of an individual who is or may be eligible to receive assistance by virtue of this Act.

(3) Regulations under subsection (1) are to—

(a) specify—

(i) the category of individuals to whom the regulations apply,

(ii) the appointed persons to whom the regulations apply, by reference to the provision under which they were appointed, and

(iii) the forms of assistance in relation to which paragraph (b) is to apply, and

(b) provide that where an individual to whom the regulations apply is or may be eligible to receive a specified form of assistance, the Scottish Ministers must, as soon as reasonably practicable—

(i) consider whether the conditions for making an appointment under section 85A or 85B are met in relation to the individual,

(ii) consider whether to terminate the appointment that is treated as having been made by virtue of the regulations, and terminate it if they consider appropriate,

(iii) if they have terminated an appointment under sub-paragraph (ii), appoint a person under section 85A or 85B to act on behalf of the individual if they consider it appropriate to do so.”.