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Chamber and committees

Delegated Powers and Law Reform Committee

Instruments considered by the Delegated Powers and Law Reform Committee during the second quarter of the Parliamentary Year 2025-26

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Summary

  1. This reporting period covers 9 September to 17 November 2025.

  1. The Committee considered a total of 58 instruments (56 instruments laid by the Scottish Government, 2 laid by the Lord President’s Private Office). The Committee also considered two “super affirmative” advance drafts of instruments laid for consultation, and three documents subject to Parliamentary control, one of these documents being laid by Environmental Standards Scotland.

  1. There were seven instruments reported by the Committee during this period. However, two of those were reported under reporting ground (j) where the Committee was content with the reason provided for the breach of the 28-day rule. Also, one instrument was reported under ground (e), the context for which is set out in this report. Additionally, one document subject to parliamentary control was reported.

  1. Furthermore, during this period, the Committee considered the delegated powers in nine Bills at Stage 1 and two after Stage 2.

  1. The Committee considered five Legislative Consent Memorandums and three Supplementary/second Supplementary Legislative Consent Memorandums.

Introduction

  1. The purpose of this report is to provide a record of the Committee’s scrutiny of instruments and documents (Scottish Statutory Instruments (SSIs), UK Statutory Instruments (SIs) subject to joint procedure in the Scottish Parliament and documents subject to Parliamentary control) during the second quarter of the parliamentary year in 2025-26, covering the period 9 September to 17 November 2025.

  1. This report—

    • sets out details of instruments and documents considered by the Committee which were drawn to the attention of the Parliament during the reporting period on one or more of the reporting grounds set out in Standing Orders;

    • touches briefly on the commitments made by the Scottish Government in response to the Committee’s comments and details any action that has been taken; and

    • outlines the Committee’s activity in respect of other matters within its remit.

Overview and analysis

  1. During the reporting period 9 September to 17 November 2025, a total of 58 instruments (not including advance draft super-affirmatives) were considered by the Committee.

  1. 56 of the instruments were laid by the Scottish Government, broken down as follows—

    • 28 affirmative instruments;

    • 20 negative instruments; and

    • 8 laid only instruments.

  1. The LPPO laid two instruments, neither of which were subject to any parliamentary procedure other than laying.

  1. The Committee also considered two advance drafts of instruments laid by the Scottish Government for consultation under “super-affirmative” procedures, and two documents for parliamentary control laid by the Scottish Government. In addition, the Committee considered one document subject to Parliamentary control laid by Environmental Standards Scotland.

  1. There were seven instruments reported by the Committee, and one document subject to Parliamentary control (laid by Environmental Standards Scotland) was also reported.

  1. Two of the instruments were reported under reporting ground (j) for breaching the 28-day rule; the Committee was content with the explanation given for the breach on both of these occasions. Additionally, one instrument was reported under ground (e). However, this report arose from doubts about the consultation process the Electoral Commission was required to undertake before it submitted a draft Code to the Scottish Government, which the reported instrument brought into force. As the report does not arise from a defect in the Scottish Government’s drafting of the instrument, the Committee therefore agreed to reflect this context in its figures for reported instruments in this quarter.

  1. Therefore, excluding these three instruments from the overall figure, of the instruments and documents laid by the Scottish Government four were reported, which equates to 7% of the instruments laid by them.

  1. Two instruments were reported for more than one point:

    1. The draft Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 – three points reported under the general ground, see Committee report of 23 September 2025;

    2. The Motor Vehicles (Competitions and Trials) (Miscellaneous Amendment) (Scotland) Regulations 2025 (SSI 2025245) – reported under ground (i), and in respect of two points under the general ground, see Committee report of 23 September 2025.

  1. This is a significant reduction in the number of reports when compared with the first quarter of this parliamentary year, during which 28% of instruments were reported by the Committee, including six instruments with multiple reports. This quarter is similar to most previous quarters in terms of percentage of reported instruments.

Reporting grounds

  1. Under paragraph (a) of Rule 6.11 of Standing Orders, the Committee may determine that the attention of the Parliament should be drawn to an SSI on one or more of a range of technical and legal grounds. These grounds are set out in Rule 10.3.1 of the Standing Orders.

Significant reporting grounds

  1. The Committee considers some reporting grounds to be of more significance than others. The Committee has therefore determined that it has concerns where an instrument is drawn to the attention of the Parliament on one of the following grounds:

    • ground (e) – there appears to be a doubt whether it is intra vires;

    • ground (f) – raises a devolution issue; and

    • ground (i) – drafting appears to be defective.

  1. These reporting grounds are referred to as the significant reporting grounds. The Committee considers every report under one of these grounds to be a serious matter as these raise fundamental legal questions and so there is the potential for the validity of the instrument to be questioned.

  1. One instrument this quarter was reported under the significant reporting ground (e), 'there appears to be a doubt whether it is intra vires' by the Committee:

    • Political Parties, Elections and Referendums Act 2000 (Non-Party Campaigner Code of Practice) (Appointed Date) (Scotland) Order 2025 (SSI 2025/288) on 11 November 2025.

  1. However, the Committee noted that this report did not arise from a defect in the drafting of the instrument, but from doubts about the consultation process that the Electoral Commission was required to undertake before it submitted a draft Code to the Scottish Government for its consideration, which this instrument brought into force. The Committee therefore agreed to reflect this context in its figures for reported instruments in this quarter.

  1. One instrument this quarter was reported under the significant reporting ground (i), 'drafting appears to be defective' by the Committee:

    • Motor Vehicles (Competitions and Trials) (Miscellaneous Amendment) (Scotland) Regulations 2025 (SSI 2025/245) on 23 September 2025.

  1. The infographic below provides a breakdown of the number of instruments reported on by the relevant reporting ground. A detailed list of the instruments reported on can be found at Annexe A —

Withdrawal of instruments

  1. Draft instruments and documents can be withdrawn and re-laid. This sometimes happens after questions about an instrument are raised by a Committee with the Scottish Government, for example, to correct an identified drafting error.

  1. One document was withdrawn and re-laid during this period:

    • Draft Code of Practice: The Non-Party Campaigner Campaign Expenditure (Scottish Parliament Elections) Code of Practice 2025 (withdrawn on 5 November 2025, re-laid on 10 November 2025) (Committee report of 23 September 2025).

  1. This document was withdrawn following issues identified by the lead committee regarding the statutory consultation process, rather than following questions from the Delegated Powers and Law Reform Committee.

Instruments referred to lead committees

  1. The infographic below shows how many instruments each lead committee received, and of those, how many were reported by the DPLR Committee :

  1. The Equalities, Human Rights and Civil Justice Committee also received two instruments from the LPPO, neither of which were reported.

Commitments

  1. The Scottish Government made the following commitments to the Committee during the period:

    • the Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (SSI 2025/Draft) (Committee report of 23 September 2025); in relation to this instrument the Scottish Government undertook to correct the errors either by correction slip or amending instrument. A correction slip has now addressed some of the errors.  There is one point outstanding, being a missing year in the date referred to in regulation 17(1)(b).

    • the Motor Vehicles (Competitions and Trials) (Miscellaneous Amendment) (Scotland) Regulations 2025 (SSI 2025/245) (also in the Committee report of 23 September 2025; in relation to this instrument, the Scottish Government undertook to correct an error at the earliest possible opportunity.

      This was done by an amending instrument, the Motor Vehicles (Competitions and Trials) (Scotland) Amendment Regulations 2025 (SSI 2025/300) (Committee report of 11 November 2025).

  1. The Scottish Government also met one of its commitments to the Committee during this quarter:

    • The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (SSI 2025/259) (Committee report of 30 September 2025); this instrument fulfilled a commitment to address errors in the National Health Service Pension Schemes (Remediable Service) (Scotland) Regulations 2023 (SSI 2023/246) by an amending instrument.

  1. A list of all outstanding commitments can be found at Annexe B.

Minor Points

  1. The Committee identified a total of 22 instruments, all laid by the Scottish Government, on which minor points were raised (generally relating to minor typographical matters, and which do not affect the operation of the instrument).

Other legislation

Bills

  1. During the reporting period, the Committee considered the delegated powers in nine bills at Stage 1—

  1. The Committee considered the delegated powers in two bills after Stage 2—

Legislative Consent Memorandums (LCMs)

  1. The Committee considered powers to make subordinate legislation within devolved competence in five LCMs—

  1. The Committee also considered powers to make subordinate legislation within devolved competence in three supplementary LCMs—

Lead Committee

  1. As the lead committee, the Committee began scrutiny of the Contract (Formation and Remedies) (Scotland) Bill at Stage 1.

Annex A – Reporting grounds: 9 September to 17 November 2025.

As set out in the Committee's remit, the Committee may determine that the attention of the Parliament should be drawn to an instrument. It may do so on a number of reporting grounds (and one instrument may engage one or more of those grounds). The reporting grounds engaged in this quarter are set out below:

(e) - Doubt whether the instrument is intra vires

  • Political Parties, Elections and Referendums Act 2000 (Non-Party Campaigner Code of Practice) (Appointed Date) (Scotland) Order 2025 (SSI 2025/288) (see the context set out at paragraph 21)

(i) - Drafting appears to be defective

  • Motor Vehicles (Competitions and Trials) (Miscellaneous Amendment) (Scotland) Regulations 2025 (SSI 2025/245)

(j) - Failure to comply with laying requirements

  • Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2025 (SSI 2025/277) (Committee content with the reason for the 28-day breach)

  • National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2025 (SSI 2025/280) (Committee content with the reason for the 28-day breach)

General - includes more minor drafting errors and failures to follow proper drafting practice

  • Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2025 (SSI 2025/Re-laid draft)

  • Scottish Parliament (Disqualification of Members of the House of Commons) Regulations 2025 (SSI 2025/Draft)

  • Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (SSI 2025/Draft) (Three points in this instrument were reported under the general reporting ground)

  • Motor Vehicles (Competitions and Trials) (Miscellaneous Amendment) (Scotland) Regulations 2025 (SSI 2025/245) (Two points in this instrument were reported under the general reporting ground, in addition to the report on ground (i) mentioned above)

  • Environmental Standards Scotland - Strategy 2026-2031 (ESS/2025/01) (This was a document subject to parliamentary control, laid by Environmental Standards Scotland.)

Annex B – Historic Commitments

Commitments made by the Scottish Government

Commitment from 2019

Commitment from 2024

Commitment made by the LPPO

Commitment from 2024

Annexe C – Reports and Meetings of the Committee

Subordinate Legislation Reports

Minutes of the Committee Meetings