Section 106: Guidance
307.Subsection (1) provides a power for the Scottish Ministers to issue guidance about the operation of this Act. Under subsection (2), those to whom the guidance applies must have regard to it. Without prejudice to the generality of the power in subsection (1), subsection (3) provides some examples of the type of guidance which may be issued in relation to particular aspects of the redress scheme.
308.Subsection (4) requires the Scottish Ministers to have regard to recommendations made by Redress Scotland in its annual report, by virtue of paragraph 17(2) of schedule 1 of the Act, when updating scheme guidance.
309.Subsections (5) and (6) respectively provide that, as soon as possible after issuing guidance, the Scottish Ministers must lay a copy of the guidance before the Scottish Parliament and make the guidance publicly available. Subsection (7) provides that the power in subsection (1) includes the power to vary and revoke guidance issued under that subsection.
310.Under subsection (8), relevant guidance issued before the date this provision comes into force is to be regarded as guidance issued under subsection (1) for the purpose of this provision. Those to whom it applies will therefore be required to have regard to it, and it must be laid and published as provided for in this section.
