Social Security (Scotland) Act 2018

97 Further procedure for regulations about assistance

(1) This section applies (subject to subsection (11)) in relation to regulations under—

(a) any section in Chapter 2 of Part 2, and

(b) section 79.

(2) Where the Scottish Ministers propose to make regulations to which this section applies, they must (before laying a draft Scottish statutory instrument containing such regulations before the Scottish Parliament for approval by resolution)—

(a) inform the Scottish Commission on Social Security of their proposals,

(b) notify the Scottish Parliament that they have done so, and

(c) make their proposals publicly available by such means as the Ministers consider appropriate.

(3) For the purposes of subsection (2), proposals must take the form of draft regulations.

(4) Having been informed of the Scottish Ministers’ proposals, the Commission must prepare a report setting out its observations and recommendations in relation to the proposals.

(5) The Scottish Ministers must ensure that the Commission has such time to prepare the report as the Commission deems appropriate.

(6) In preparing its report, the Commission—

(a) must have regard to—

(i) the Scottish social security principles, and

(ii) any relevant international human rights instruments (as defined in section 22(5)), and

(b) may consult any persons it considers appropriate.

(7) If the Commission’s members are unable to agree the terms of its report unanimously, the report must set out the matters over which members differ.

(8) Having prepared its report, the Commission must—

(a) submit a copy of the report to—

(i) the Scottish Ministers, and

(ii) the Scottish Parliament, and

(b) make the report publicly available by such means as the Commission considers appropriate.

(9) When laying a draft Scottish statutory instrument containing regulations to which this section applies before the Scottish Parliament for approval by resolution, the Scottish Ministers must also lay before the Parliament either—

(a) a response to the Commission’s report on the proposals for the regulations, or

(b) a statement explaining why the Ministers consider it appropriate to lay the draft instrument before the Parliament before the Commission has submitted its report on the proposals for the regulations.

(10) The response mentioned in subsection (9)(a) must, in particular, give details of—

(a) how (if at all) the regulations differ from the proposals,

(b) how the Scottish Ministers have sought to address the observations and recommendations contained in the Commission’s report, and

(c) any observations or recommendations contained in the report that the Ministers disagree with and have not sought to address.

(11) This section does not apply in relation to regulations made only for the purpose of the consolidation of earlier regulations.