Official Report 296KB pdf
We come to agenda item 5. Although as lead committee for the bill we will consider and report on its general principles, the purpose of this item is to consider its delegated powers provisions. Members will have seen the delegated powers memorandum and the briefing paper.
Section 5 provides the Scottish ministers with the power to
“make such incidental, supplementary, consequential, transitional, transitory or saving provision as they consider appropriate for the purposes of, in connection with or for giving full effect to”
any provision of the bill. Does the committee agree to report that it finds this power to be acceptable in principle and that it is content that, where it amends primary legislation, it is subject to the affirmative procedure, but otherwise that it is subject to the negative procedure?
Members indicated agreement.
Sections 5, 6 and 7 will come into force on the day after royal assent. Section 6(2) provides that the Scottish ministers may, by order, appoint days on which the bill’s other provisions come into force, and section 6(3) provides that a commencement order
“may include transitional, transitory or saving provision.”
Does the committee agree to report that it finds this power to be acceptable in principle, and that it is content that the exercise of the power is not subject to parliamentary procedure?
Members indicated agreement.
Given that no issues have been raised in relation to these powers, and that we do not wish to raise any questions with the Scottish Government, do we agree to report that the committee is content with the delegated powers provisions in the bill at stage 1?
Members indicated agreement.