At its meeting on 1 February 2022, the Delegated Powers and Law Reform Committee considered the revised delegated powers provisions in the Coronavirus (Discretionary Compensation for Self-isolation) (Scotland) Bill ("the Bill") after Stage 2.ⁱThe Bill as amended at Stage 2 as well as the Revised Delegated Powers Memorandum are available here.

All three of the amendments agreed at Stage 2 apply to regulations under section 3 of the Bill which provides a power to change the expiry date of section 1 of the Bill. The purpose of the amendments, as outlined by the Deputy First Minister and Cabinet Secretary for Covid Recovery during Stage 2 proceedings of the BillⁱⁱThe Official Report for the meeting of the COVID-19 Recovery Committee on 27 February 2022 is available here., are to:

• require the Scottish Government to consult health boards before making regulations that would either prolong the modifications to the 2008 Act or expire the modifications early;

• disapply this consultation requirement when regulations prolonging the modifications are made urgently using the made affirmative procedure; and

• provide that should the made affirmative procedure be needed in urgent circumstances, an explanation of that urgency will be included in the statement of reasons.

In its consideration of the revised powers in the Bill, the Committee noted that during Stage 2 proceedings, the Deputy First Minister said that the consultation revisions:

...give effect to the commitment that I made to the Delegated Powers and Law Reform Committee to examine the matter, following its suggestion that consultation with health boards should be required before regulations altering the expiry date are made.

The Committee submits this report to the Parliament for the Bill under Rule 9.7.9(b) of Standing Orders.