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Chamber and committees

Delegated Powers and Law Reform Committee

Subordinate Legislation Considered by the Delegated Powers and Law Reform Committee on 16 May 2023

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  1. At its meeting on 16 Mayi, the Committee considered the following instruments under its remit and agreed not to draw them to the attention of the Parliament.

    Criminal Justice Committee

    Criminal Justice (Scotland) Act 2016 (Commencement No. 8) Order 2023 (SSI 2023/139 (C.13))

    Social Justice and Social Security Committee

    Council Tax (Discounts) (Scotland) Amendment (No. 2) Order 2023 (SSI 2023/141)

    Scottish Parliament

    Social Security (Residence Requirements) (Sudan) (Scotland) Regulations 2023 (SSI 2023/Draft)

    It has been agreed that the above instrument, which is subject to the affirmative procedure, will be considered under an expedited timetable. It was laid on Wednesday 10 May, and it is expected to be considered by the Scottish Parliament on Wednesday 17 May.

    The purpose of this instrument is to amend social security legislation relating to certain benefits, to remove the habitual residence test and “past presence” test for those benefits for certain persons arriving in Scotland from Sudan. This means that those people can be entitled to the benefits immediately if they meet other eligibility criteria.

    The UK Government is making equivalent provision regarding the above benefits. This instrument ensures parity of access to benefits in Scotland for which Scottish Ministers have responsibility.