- Latest available (Revised)
- Original (As made)
The Social Security Administration and Tribunal Membership (Scotland) Act 2020 (Commencement No. 1) Regulations 2020
You are here:
- Scottish Statutory Instruments
- 2020 No. 422 (C. 39)
- Whole Instrument
- Previous
- Next
What Version
Opening Options
More Resources
Status:
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Scottish Statutory Instruments
2020 No. 422 (C. 39)
Social Security
The Social Security Administration and Tribunal Membership (Scotland) Act 2020 (Commencement No. 1) Regulations 2020
Made
9th December 2020
Laid before the Scottish Parliament
11th December 2020
Coming into force
23rd December 2020
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 18(2) and (3) of the Social Security Administration and Tribunal Membership (Scotland) Act 2020(1).
Citation, commencement and interpretation
1. These Regulations may be cited as the Social Security Administration and Tribunal Membership (Scotland) Act 2020 (Commencement No. 1) Regulations 2020 and come into force on 23 December 2020.
2. In these Regulations, “the 2018 Act” means the Social Security (Scotland) Act 2018(2).
Appointed day
3.—(1) 23 December 2020 is the day appointed for the coming into force of section 2(4) of the Social Security Administration and Tribunal Membership (Scotland) Act 2020, in so far as is necessary for the purpose described in paragraph (2).
(2) The purpose is to insert section 85B(1) to (11) into the 2018 Act, in order to allow appointments to be made by the Scottish Ministers in connection with the determination of an individual’s entitlement to assistance under regulations made under section 79 of the 2018 Act in circumstances where the condition in section 85B(3)(b) is met.
SHIRLEY-ANNE SOMERVILLE
A member of the Scottish Government
St Andrew’s House,
Edinburgh
9th December 2020
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations bring section 2(4) of the Social Security Administration and Tribunal Membership (Scotland) Act 2020 (“the 2020 Act”) into force, for a limited purpose, on 23 December 2020.
Section 2(4) of the 2020 Act inserts new section 85B into the Social Security (Scotland) Act 2018 (“the 2018 Act”). Section 85B gives the Scottish Ministers the power, in certain circumstances, to appoint an appointee to act on behalf of an individual in connection with the determination of the individual’s entitlement to assistance under Part 2, or under regulations for “top-up” assistance made under section 79, of the 2018 Act.
Section 2(4) is commenced only in so far as it inserts new section 85B(1) to (11) into the 2018 Act, and only for the purpose of allowing appointments to be made in respect of an individual’s entitlement to assistance under top-up regulations under section 79 of the 2018 Act in certain circumstances where the individual is deceased or the individual is incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000. Appointments in respect of an individual’s entitlement to assistance under Part 2 of the 2018 Act will continue to be made under section 58 of that Act, until such time as section 2(2) of the 2020 Act is brought into force.
The Bill for the 2020 Act received Royal Assent on 10 November 2020. In accordance with section 18(1) of that Act, sections 1, 4, 5, 6, 14, 17, 18 and 19 came into force the following day.
(1)
(2)
Options/Help
Print Options
PrintThe Whole Instrument
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
Policy Note
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.