Official Report 135KB pdf
This is interesting. The bill is extremely large, but only five provisions deal with devolved matters and only one of those confers a power on Scottish ministers to make subordinate legislation—clause 469 on the specification of public sector companies to be audited by the Auditor General for Scotland. Having read all the documentation, I think that this seems to be perfectly okay, unless members have any extra points.
I am not certain that I have read the documentation properly. Give me an example of a Scottish public sector company.
Scottish Water.
Is that the sort of thing to which the clause will apply?
If you look through the legislative consent memorandum you will see that there are many such companies, including charities.
So they come into it as well.
Yes.
Okay. I was just curious.
Two of the provisions to which the legislative consent memorandum applies confer powers on the secretary of state to make subordinate legislation in a devolved area. The question of who is to exercise the delegated powers seems to be more a matter of policy, and therefore it is for the lead committee and the Parliament, unless members have any other points.
No.
Clause 496 of the bill, "Guidance for regulatory authorities: Scotland", contains a power that does not appear to be of a legislative character and is therefore not within our remit. Are members agreed that we should report that to the lead committee?
As I said, what the memorandum suggests seems to be perfectly reasonable, certainly in relation to charities.
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