Scottish Employment Injuries Advisory Council Bill [AS INTRODUCED] An Act of the Scottish Parliament to create a Scottish Employment Injuries Advisory Council, to provide for its functions in relation to employment-injury assistance, and for connected purposes. 1 Scottish Employment Injuries Advisory Council (1) The Scottish Employment Injuries Advisory Council is established. 5 (2) The Council is a body corporate. (3) Schedule 1 makes further provision about the Council. 2 Council functions (1) The Scottish Employment Injuries Advisory Council has the following functions— (a) to scrutinise legislative proposals in accordance with section 3, 10 (b) to prepare and submit to the Scottish Ministers a report on any matter, relevant 1 to employment-injury assistance— (i) that the Scottish Ministers request the Council to report on, (ii) in respect of any research carried out, commissioned or supported by the Council under subsection (1)(d), or 15 (iii) that the Council considers appropriate, (c) to prepare and submit to the Scottish Parliament a report on any matter, relevant to employment-injury assistance— (i) that the Scottish Parliament, having resolved to do so, requests the Council to report on, 20 (ii) in respect of any research carried out, commissioned or supported by the Council under subsection (1)(d), or (iii) that the Council considers appropriate, SP Bill 30 Session 6 (2023) 2 Scottish Employment Injuries Advisory Council Bill (d) to carry out, commission or support research into any matter, relevant to employment-injury assistance, the Council considers appropriate, which may include (but not be limited to) research into— (i) existing or emerging employment hazards which may result in disease or 5 personal injury, or (ii) the scope and extent of employment-injury assistance, (e) any functions conferred on the Council by regulations made under subsection (5). (2) In performing any of the functions mentioned in subsection (1), the Council may have regard to any relevant international human rights instrument. 10 (3) The Council must make publicly available by such means as it considers appropriate 1 any report that it prepares in pursuance of a function mentioned in subsection (1) within one month of submission of the report to the Scottish Ministers or the Scottish Parliament. (4) In publishing a document under this section or section 3, the Council must have regard to the importance of communicating in an inclusive way. 15 (5) The Scottish Ministers may confer additional functions on the Council by regulations. 3 Further procedure for regulations concerning employment-injury assistance (1) This section applies (subject to subsection (12)) in relation to regulations under section 33(2) of the 2018 Act. (2) Where the Scottish Ministers propose to make regulations to which this section applies, 20 they must (before laying a draft Scottish statutory instrument containing such regulations before the Scottish Parliament for approval by resolution)— (a) notify the Scottish Employment Injuries Advisory Council of the date on which they will inform the Council of proposals under paragraph (b) below, (b) inform the Council of their proposals, 25 (c) notify the Scottish Parliament that they have done so, and (d) make their proposals publicly available by such means as the Scottish Ministers consider appropriate. (3) For the purposes of subsection (2)— (a) notification under paragraph (a) must take place not less than one month prior to 30 the date on which the Ministers inform the Council of their proposals under paragraph (b), unless subsection (9) applies, and (b) proposals must take the form of draft regulations. (4) Having been informed of the Scottish Ministers' proposals, the Council must prepare a report setting out its observations and recommendations in relation to the proposals. 35 (5) In preparing its report, the Council— (a) must have regard to— (i) the Scottish social security principles, and (ii) any relevant international human rights instrument, 3 Scottish Employment Injuries Advisory Council Bill (b) must consult— (i) former or current employed earners with experience of being exposed to the risk of suffering an injury or contracting a disease in the course of employment, and 5 (ii) the representatives of such former or current employed earners including, where they exist, trade unions and relevant charities, and (c) may consult any other persons it considers appropriate. (6) If the Council's members are unable to agree the terms of its report unanimously, the 10 report must set out the matters in respect of which members differ. 1 (7) Having prepared its report, the Council must— (a) submit a copy of the report to— (i) the Scottish Ministers, and (ii) the Scottish Parliament, and 15 (b) make the report publicly available by such means as the Council considers appropriate in accordance with section 2(3). (8) The Scottish Ministers must not lay before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument containing regulations to which this section applies before the date which is the earlier of— 20 (a) the date on which it receives the report of the Council prepared under subsection (4), or (b) the date 3 months from the date on which the Scottish Ministers informed the Council of their proposals under subsection (2)(b). (9) Subsections (3) and (8) do not apply where the Scottish Ministers consider that for 25 reasons of urgency they require to lay before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument containing regulations to which this section applies prior to the earlier of the dates referred to in subsection (8). (10) When laying before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument containing regulations to which this section applies, the Scottish 30 Ministers must also lay before the Scottish Parliament either— (a) a response to the Council's report on the proposals for the regulations, or (b) a statement explaining where the Scottish Ministers have invoked subsection (9), the reasons why they consider subsection (9) applicable and in particular, the reasons why they consider there is urgency. 35 (11) The response mentioned in subsection (10)(a) must, in particular, explain— (a) how (if at all) the regulations differ from the proposals, (b) how the Scottish Ministers have sought to address the Council's report, and (c) any recommendations contained in the report that the Scottish Ministers do not accept. 40 (12) This section does not apply in relation to regulations made only for the purpose of the consolidation of earlier regulations. 4 Scottish Employment Injuries Advisory Council Bill 4 Regulation-making powers (1) A power to make regulations conferred by this Act includes the power to make different provision for different purposes. (2) The following regulations are subject to the affirmative procedure: 5 (a) regulations made under section 2(5), (b) regulations made under paragraph 4(2)(i) of schedule 1, and (c) regulations made under paragraph 13(2) of schedule 1. (3) Regulations under section 2(5) may not be made after the Council is established unless the Scottish Ministers have consulted the Council about the modification. 10 (4) Regulations under section 7(1)— 1 (a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act), but (b) otherwise are subject to the negative procedure. (5) Regulations under this Act which do not fall within the scope of subsections (2), (3) or 15 (4)(a) are subject to the negative procedure. 5 Power to work with others The Scottish Employment Injuries Advisory Council may, in the exercise of its functions, work jointly with, assist or consult— (a) the Scottish Parliament, 20 (b) the Scottish Ministers, (c) the Scottish Commission on Social Security, (d) a Health Board or Special Health Board, constituted under section 2 of the National Health Service (Scotland) Act 1978, (e) such other persons as the Council considers appropriate. 25 6 Amendments to the 2018 Act Schedule 2 makes certain amendments to the 2018 Act concerning the effect on the functions of the Scottish Commission on Social Security of the establishment of the Scottish Employment Injuries Advisory Council. 7 Ancillary provision 30 (1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it. (2) Regulations under subsection (1) may modify any enactment (including this Act) but 35 may not remove functions conferred on the Scottish Employment Injuries Advisory Council by this Act. 5 Scottish Employment Injuries Advisory Council Bill 8 Application of public authorities legislation Schedule 3 amends other Acts so that their provisions apply to the Scottish Employment Injuries Advisory Council. 9 Interpretation 5 In this Act - “the 2018 Act” means the Social Security (Scotland) Act 2018, “communicating in an inclusive way” means communicating in a way that ensures that individuals who have difficulty communicating (in relation to speech, language or otherwise) can receive information and express...