18 July 2019
74.Any regulations made under the sections specified below are subject to the affirmative procedure. For details of the affirmative procedure, see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010. The regulations to which this applies are those made under—
section 1(4) (changing the date of either or both of the 2040 targets found in section 1, following advice from the Panel),
section 3(4) (specifying the types of household for which enhanced heating temperatures and/or enhanced heating hours are appropriate),
section 3(6)(b) (providing for a person to make a determination of an additional amount to be factored in when calculating how much is sufficient to maintain an acceptable standard of living for those in remote rural areas, remote small towns and island areas),
section 5(7) (specifying a different prices index for use in calculating changes in the value of money for the purpose of measuring the fuel poverty gap),
section 14(7)(a) (making further provision about the Panel),
section 14(7)(b) (providing for the dissolution of the Panel after the target year set out in section 1 has passed),
section 15(5) (specifying a different prices index for use in calculating inflation for the purpose of the cap that applies to the funding of the Panel),
section 16 (adjusting the effect of the fuel poverty definition).
75.Subsection (2) obliges the Scottish Ministers to consult prior to putting forward proposed regulations under section 3(4) or 16 of the Act. They must consult such persons as they consider it appropriate to consult but, regardless of who else they choose to consult, they must consult individuals who are living or who have previously lived in fuel poverty. But where anything was done prior to the Bill being passed, or after it was passed but before it came into force, by way of consultation about the types of household for which enhanced heating temperatures and/or enhanced heating hours are appropriate, subsection (4) ensures that the consultation will still count towards fulfilling the statutory consultation requirement.