Social Security (Amendment) (Scotland) Act 2025

20 Scrutiny of regulations by the Commission

(1) The 2018 Act is modified as follows.

(2) In section 97 (further procedure for regulations about assistance)—

(a) in subsection (1), for paragraphs (a) and (b) substitute—

“(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).”,

(b) after subsection (1) insert—

“(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.”,

(c) in subsection (2)—

(i) for “Where the Scottish Ministers propose to make” substitute “Before the Scottish Ministers finalise”,

(ii) the words “(before laying a draft Scottish statutory instrument containing such regulations before the Scottish Parliament for approval by resolution)” are repealed,

(d) in subsection (9)—

(i) in the opening words, for “laying a draft Scottish statutory instrument containing regulations to which this section applies before the Scottish Parliament for approval by resolution, the Scottish Ministers” substitute “the Scottish Ministers finalise regulations to which this section applies, they”,

(ii) in paragraph (b), for “lay the draft instrument before the Parliament” substitute “finalise the regulations”,

(e) after subsection (11) insert—

“(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.”.

(3) The title of section 97 becomes “Further procedure for regulations”.