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Coronavirus (Recovery and Reform) (Scotland) Bill

The Bill was created for three main reasons.

It aims to embed reforms in Scotland’s public services. The reforms in the Bill were needed to respond to the Coronavirus pandemic. However, they have delivered improvements for service users and improved efficiency. The Scottish Government views these reforms as beneficial beyond the pandemic.

The Bill will also give Scottish Ministers powers to allow them to build resilience against future public health threats.

The Coronavirus pandemic has had an impact on Scotland’s justice system. The Bill seeks to support the system by extending some temporary changes to the justice system because of the impact of the pandemic. For example, these will help to address backlogs that have built-up.

This is a Government bill

The Bill became an Act on 10 August 2022

Introduced: the Bill and its documents

Overview

The Bill is split into 6 Parts:

Part 1 creates new powers to respond to public health emergencies. The powers are similar to powers that Scottish Ministers already have on a temporary basis to respond to the Coronavirus pandemic. For example, these powers have been used at times to impose “lockdown” restrictions. The new powers will apply to any future public health emergencies.

Part 2 also creates new powers to help Scottish Ministers respond to public health emergencies. In this Part the powers relate specifically to educational establishments such as schools, colleges and universities. They also relate to school boarding and student accommodation. As an example, this power could be used to restrict access to schools due to a public health emergency.

Part 3 makes changes to a number of services. The majority of these relate to communicating electronically. This includes provisions about holding virtual meetings and signing documents electronically. For example, registering births and deaths would no longer have to be done in person, though it still could be. Most of the changes that are now being made permanent are similar to provisions made in previous pieces of Coronavirus legislation.

Part 4 relates to eviction from properties in the private rented sector. Currently some circumstances result in tribunals having to grant an eviction. The Bill will change this. It proposes that, in relation to the tenancy types set out in the Bill, a tribunal will not have to automatically evict people. The tribunal will, however, still be able to grant an eviction if it considers it reasonable. Part 4 also sets up a “pre-action protocol”. This protocol is something landlords can follow before starting eviction proceedings. Whether landlords have or have not followed this protocol will be considered by a tribunal in deciding whether to order an eviction in cases where late or non-payment of rent is the reason why the landlord is seeking an eviction.

Part 5 (and the Bill’s schedule) continues some of the changes to the justice system brought in during the pandemic. These are currently set to expire on 31 March 2022, but that can be extended with Parliamentary approval to 30 September 2022. This Bill will continue these measures until November 2023. The Bill also grants Scottish Ministers the power to extend this, using regulations, to November 2024 and beyond to November 2025.

Part 6 sets out when the Bill would come into force and what its short title would be. It also gives a power to Scottish Ministers to make small changes to give effect to the Bill.

Why the Bill was created

The Bill was created for three main reasons.

It aims to embed reforms in Scotland’s public services. The reforms in the Bill were needed to respond to the Coronavirus pandemic. However, they have delivered improvements for service users and improved efficiency. The Scottish Government views these reforms as beneficial beyond the pandemic.

The Bill will also give Scottish Ministers powers to allow them to build resilience against future public health threats.

The Coronavirus pandemic has had an impact on Scotland’s justice system. The Bill seeks to support the system by extending some temporary changes to the justice system because of the impact of the pandemic. For example, these will help to address backlogs that have built-up.

Accompanying Documents

Explanatory Notes (333KB, pdf) posted 25 January 2022

Policy Memorandum (650KB, pdf) posted 25 January 2022

Financial Memorandum (377KB, pdf) posted 25 January 2022

Delegated Powers Memorandum (174KB, pdf) posted 25 January 2022

Statements on legislative competence (89KB, pdf) posted 25 January 2022

Accompanying Documents (print versions)

Explanatory Notes (458KB, pdf) posted 25 January 2022

Policy Memorandum (783KB, pdf) posted 25 January 2022

Financial Memorandum (392KB, pdf) posted 25 January 2022

Delegated Powers Memorandum (271KB, pdf) posted 25 January 2022

Statements on legislative competence (140KB, pdf) posted 25 January 2022

Crown Consent

This Bill requires Crown consent. It is expected that this consent will be signified at Stage 3.

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research Briefing on the Coronavirus (Recovery and Reform) (Scotland) Bill: Criminal Justice, Courts and Legal Aid

Research Briefing on the Coronavirus (Recovery and Reform) (Scotland) Bill: Health, Education, Public Services and Housing


The Bill was introduced on 25 January 2022

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the COVID-19 Recovery Committee.

Call for views (closed)

The COVID-19 Recovery Committee held a call for views to help inform its examination of the Bill.

You could share your views in one of the following ways:

  • completing a short survey on the general principles of the Bill
  • sharing your views on specific provisions in the Bill

Read the call for views

The call for views closed on 25 February 2022.

Meetings of the lead committee

Correspondence: lead committee

Police Scotland's Coronavirus (Recovery and Reform) (Scotland) Bill Response

Police Scotland's Response Coronavirus Recovery Bill Response to the Criminal Justice Committee’s Stage 1 of the Coronavirus (Recovery and Reform) (Scotland) Bill

Scottish Government Response to Scrutiny Committee Reports on the Coronavirus (Recovery and Reform) (Scotland) Bill at Stage 1

Letter from the Deputy First Minister and Cabinet Secretary for Covid Recovery to the Convener, Criminal, 9 May 2022

Crown Office and Procurator Fiscal Service Response to the Criminal Justice Committee

Follow up to an evidence session on the Coronavirus (Recovery and Reform) (Scotland) Bill

Deputy First Minister and Cabinet Secretary for Covid Recovery follow up to the session on 31 March 2022

Letter from Deputy First Minister and Cabinet Secretary for COVID Recovery, Scottish Government to the Convener, 8 April 2022

Coronavirus (Recovery and Reform) (Scotland) Bill Scrutiny

Letter from the Criminal Justice Committee regarding its scrutiny of the Coronavirus (Recovery and Reform) (Scotland) Bill

See a full list of Stage 1 correspondence

Stage 1 report by the lead committee

The COVID-19 Recovery Committee published its report on 22 April 2022.

Coronavirus (Recovery and Reform) (Scotland) Bill Stage 1 Report

The committee received the following response to its report:

Letter from the Deputy First Minister and Cabinet Secretary for Covid Recovery

Work by other committees

Local Government, Housing and Planning Committee

Meetings

Report

The Local Government, Housing and Planning Committee published its report on 20 April 2022.

Read the report


Criminal Justice Committee

Meetings

Report

The Criminal Justice Committee published its report on 4 April 2022.

Read the report


Delegated Powers and Law Reform Committee

Meetings

Report

The Delegated Powers and Law Reform Committee published its report on 29 March 2022.

Read the report


Education, Children and Young People Committee

Meetings

Report

The Education, Children and Young People Committee published its report on 1 April 2022.

Read the report


Finance and Public Administration Committee


Stage 1 Debate and decision

A Stage 1 debate took place on 12 May 2022 to consider and decide on the general principles of the Bill.

  • Motion title: Coronavirus (Recovery and Reform) (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Coronavirus (Recovery and Reform) (Scotland) Bill.
  • Submitted by: John Swinney
  • Date lodged: Monday, 09 May 2022
  • Motion reference: S6M-04310
  • Current status: Taken in the Chamber on Thursday, 12 May 2022

Result 65 for, 53 against, 0 abstained, 11 did not vote Vote Passed

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 12 May 2022

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

Split Stage 2

Parliament agreed that Stage 2 proceedings for the Bill will be split between the COVID-19 Recovery Committee and the Criminal Justice Committee, as set out in motion S6M-04477.

Timetable

Parliament agreed that consideration of the Coronavirus (Recovery and Reform) (Scotland) Bill at Stage 2 be completed by 14 June 2022.

Meeting on amendments (Criminal Justice)

Documents with the amendments considered at the meeting held on 8 June 2022:

Marshalled List of amendments for Stage 2 (484KB, pdf) posted 01 June 2022

Groupings of amendments for Stage 2 (474KB, pdf) posted 06 June 2022

Meeting on amendments (COVID-19 Recovery)

Documents with the amendments considered at the meeting held on 9 June 2022:

Marshalled List of amendments for Stage 2 (457KB, pdf) posted 06 June 2022

Groupings of amendments for Stage 2 (1MB, pdf) posted 06 June 2022

Work by other committees

Delegated Powers and Law Reform Committee

Meetings

Report after Stage 2

The Delegated Powers and Law Reform Committee published its report on the Bill after Stage 2 on 24 June 2022.

Read the report


Revised Documents (print versions)

Revised Explanatory Notes (712KB, pdf) posted 20 June 2022

Supplementary Delegated Powers Memorandum (186KB, pdf) posted 17 June 2022

The Bill ended Stage 2 on 9 June 2022

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Debate on proposed amendments (Part 1)

Documents with the amendments considered at the meeting held on 28 June 2022:

Marshalled List of amendments for Stage 3 (788KB, pdf) posted 22 June 2022

Timed Groupings of amendments for Stage 3 (842KB, pdf) posted 27 June 2022

Debate on proposed amendments (Part 2)

There was a break in the debate to consider a business motion.

Final version of the Bill

Final debate on the Bill

Once MSPs have decided on the amendments, they debate whether to pass the Bill.

  • Motion title: Coronavirus (Recovery and Reform) (Scotland) Bill
  • Text of motion: That the Parliament agrees that the Coronavirus (Recovery and Reform) (Scotland) Bill be passed.
  • Submitted by: John Swinney
  • Date lodged: Monday, 27 June 2022
  • Motion reference: S6M-05217
  • Current status: Taken in the Chamber on Tuesday, 28 June 2022

Result 66 for, 52 against, 0 abstained, 11 did not vote Vote Passed

See further details of the motion


Parliament decided to pass the Bill

The Bill ended Stage 3 on 28 June 2022

Bill becomes an Act

The Bill was passed on 28 June 2022 and became an Act on 10 August 2022.

Read the Act

Coronavirus (Recovery and Reform) (Scotland) Act 2022