Post-legislative Scrutiny

 

Post-legislative Scrutiny

On 29 September 2016, the Parliament agreed that the Public Audit Committee should include post-legislative scrutiny (PLS) within its remit. This means that the Committee can consider previous Acts of the Scottish Parliament to determine whether they have achieved their intended purpose. This could involve examining a specific part of an Act rather than examining the legislation as a whole.  Other committees of the Parliament have always been able to undertake PLS and will continue to do so.     

We invited views from stakeholders and members of the public on which Acts we should examine, using the following checklist.  

Consideration

Various Acts met the criteria for consideration from which the Committee shortlisted five. These are set out below and will form the basis of the Committee’s PLS work programme:    

 Act  Action
Social Care (Self-directed Support) (Scotland) Act 2013 The Committee agreed to combine PLS with scrutiny of Audit Scotland’s Self-directed Support: 2017 Progress Report
Nature Conservation (Scotland) Act 2004 and Wildlife and Natural Environment (Scotland) Act 2011 (biodiversity duty) The Committee issued a call for evidence on the biodiversity and biodiversity reporting duties placed on public bodies on 29 January 2018.
The Road Traffic Act 1988 (Prescribed Limit) (Scotland) Regulations 2014 The Committee agreed to seek informal briefing from stakeholders at a future meeting before agreeing its approach to PLS
Land Registration etc. (Scotland) Act 2012 The Committee agreed to seek informal briefing from stakeholders at a future meeting before agreeing its approach to PLS
Freedom of Information (Scotland) Act 2002 The Committee agreed to await the outcome of discussions between the Scottish Information Commissioner and the Minister for Parliamentary Business following the Parliament’s agreement of motion S5M-06126 before agreeing whether to undertake PLS.

In addition to the shortlisted Acts above the Committee will request information from the Scottish Government on other Acts suggested.  When available this information can be found here

General Correspondence

Freedom of Information (Scotland) Act 2002

Completed post-legislative scrutiny

Information on completed PLS work undertaken by the Committee can be found below: