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Last updated: 22 November 2024

Summary of written evidence

Another way of strengthening the scrutiny given to Henry VIII powers is to require the Minister making them to consult with relevant stakeholders before making, or laying a draft of, a statutory instrument.

Last updated: 14 March 2024

Circular Economy Bill Stage 1 report SG response 14 March 2024

However, the Committee requests the Scottish Government commits to sharing an early draft of regulations and any supporting analysis before formally laying the instrument in Parliament. I welcome the Committee’s recommendations about prioritising the use of powers based on specific criteria and these will be taken into account as part of relevant research.

Last updated: 19 November 2024

SPBill40AS062024

P ART 5 5 A CCOUNTANT OF COURT Accountant of Court and Depute Accountant 35 Accountant of Court: appointment, remuneration and fees (1) The Scottish Courts and Tribunals Service (“the SCTS”) may appoint a person to the office of Accountant of Court only if the person is, in the opinion of the SCTS, 10 appropriately qualified or experienced in law and accounting. 1 (1A) The Scottish Ministers— (a) must from time to time review the criteria to be taken into account by the SCTS in appointing a person to the office of Accountant of Court under subsection (1), (b) may, by regulations, change the criteria if the Scottish Ministers consider it 15 appropriate to do so. (1B) Regulations under subsection (1A)— (a) may modify any enactment (including this Act), (b) are subject to the affirmative procedure. (2) Except as provided by any other enactment, the Accountant may not hold any other 20 office. (3) The SCTS may pay the Accountant such remuneration as the SCTS determines for carrying out the role of Accountant, and the Accountant is not entitled to receive any other remuneration in relation to the carrying out of that role. (4) The Accountant must charge a fee for anything done by the Accountant in connection 25 with the Accountant’s functions under this Act. (5) Fees charged under subsection (4) must— (a) be sufficient to cover any outlays reasonably incurred by the Accountant in connection with the Accountant’s functions under this Act, (b) other than fees charged under section 43(2), be met from the factory estate. 30 (6) Any sum received by the Accountant other than as remuneration, including any sum received by virtue of subsection (4), is to be accounted for in such manner as the SCTS may direct. (7) The Accountant may waive the right to recover a particular fee charged by virtue of subsection (4) if satisfied that it is unlikely to be recovered. 35 36 Depute Accountant (1) The SCTS may appoint a Depute Accountant to carry out the functions of the Accountant during any period when the Accountant is unable to do so, on such terms and conditions as the SCTS may determine. 23 Judicial Factors (Scotland) Bill Part 5—Accountant of court (2) A person may be appointed to the office of Depute Accountant only if the person is, in the opinion of the SCTS, appropriately qualified or experienced in law and accounting. (2A) The Scottish Ministers— (a) must from time to time review the criteria to be taken into account by the SCTS 5 in appointing a person to the office of Depute Accountant under subsection (1), (b) may, by regulations, change the criteria if the Scottish Ministers consider it appropriate to do so. (2B) Regulations under subsection (2A)— (a) may modify any enactment (including this Act), 10 (b) are subject to the affirmative procedure. 1 (3) During the period mentioned in subsection (1)— (a) the functions of the Accountant are to be carried out instead by the Depute Accountant, (b) anything that falls to be done in relation to the Accountant falls instead to be done 15 in relation to the Depute Accountant.

Last updated: 10 December 2024

SPBill40BS062024

Audit by Accountant 25 40 Audit by Accountant (1) Where the Accountant receives accounts prepared by a judicial factor by virtue of this Act the Accountant must audit the accounts in accordance with this section. (2) In auditing accounts prepared by a judicial factor the Accountant may— (a) examine such further information in relation to the accounts as the Accountant 30 considers appropriate, (b) if the Accountant considers it necessary or expedient to do, remit the accounts for auditing to such duly qualified persons as the Accountant may select. (3) Where the Accountant remits the accounts for auditing, the Accountant— (a) must supervise the audit, 35 (b) retains responsibility for the accuracy of the audit. (4) When an audit is complete, the Accountant must set out the results in a report and send a copy of the report to the judicial factor. 26 Judicial Factors (Scotland) Bill Part 5—Accountant of court (5) If in the course of the audit the Accountant or the person to whom the accounts have been remitted (as the case may be)— (a) comes to the view that some aspect of the accounts requires to be explained, then the judicial factor must be given an opportunity to provide the explanation before 5 the audit is completed, or (b) makes any correction to the accounts, then the Accountant (or the person), on being required to do so by the judicial factor, must explain the correction and the reason for making it. (6) Any costs incurred in remitting the accounts to a person under subsection (2)(b) are to 10 be met from the factory estate. 1 41 Audit by Accountant: objection and appeal (1) Subject to subsections (2) to (5)— (a) an audit completed in accordance with section 40, (b) the accounts to which the audit relates, and 15 (c) the report on the results of the audit, are conclusive. (2) The judicial factor to whom the report relates may lodge a written objection to the report with the Accountant within the period of 21 days beginning on the day on which the judicial factor receives of the report. 20 (3) The Accountant must consider any objection lodged under subsection (2) and, following that consideration, may— (a) amend the results and report of the audit in order to take account of matters raised in the objection, or (b) dismiss the objection. 25 (4) Where the Accountant dismisses an objection under subsection (3)(b) the judicial factor may require the Accountant to refer the objection for determination by the court which appointed the judicial factor. (5) The determination of the court in relation to an objection referred under subsection (4) is final and is conclusive against both the Accountant and the judicial factor. 30 Annual review 42 Annual review (1) As soon as reasonably practicable following the expiry of each reporting year, the Accountant must publish a review of the Accountant’s activities in relation to the relevant judicial factories in the relevant reporting year. 35 (2) The Scottish Ministers must, by regulations, prescribe— (a) the manner in which the review is to be published, (b) information which must be contained in the review, and (c) the definition of “reporting year” for the purposes of subsection (1). 27 Judicial Factors (Scotland) Bill Part 5—Accountant of court (3) The review may contain such other information as the Accountant considers appropriate. (4) Regulations under subsection (2) are subject to the negative procedure. (5) In this section, “relevant judicial factories” means each judicial factory which subsists at any time during the reporting year, irrespective of whether they came into being 5 before or after the coming into force of this section.

Last updated: 19 March 2026

Framework Leg Guidance PDF

There is no set “super-affirmative” procedure, but this term is used to cover additional requirements to the standard affirmative procedure which may include: • statutory consultation requirements before exercising a power, • laying drafts of regulations for comment by committee(s), • extended time periods for laying of regulations or plans, • laying additional information alongside regulations (including findings of consultations, financial information, or particular forms or impact assessment, such as those looking at equalities, or island communities). 4.13.

Last updated: 6 October 2025

Regulation of Legal Services Scotland Bill 3 February 2025

Separate to this, section 10(5) provides that the regulatory committee membership shall be made up of ‘at least 50%’ lay members. This means the Bill, as drafted, could allow for 100% lay membership.

Last updated: 17 October 2022

Monday 17 October 2022 SSI Tracker

Monday 17 October 2022 Scottish Statutory Instrument Tracker Report DPLR Lead Committee SSI Number SSI Title Date Procedure Parliamentary Additional Laid Action Information Report First Report 20 Day Committee Report 40 Day Meeting Due Meeting Name Due Recommendation Date Decision Number Date Date Date Date Date Act of Sederunt (Simple Procedure Amendment) 2022/295 13/10 Laid only 12/11 12/11 25/10 CJ 02/12 28/11 (Miscellaneous) (No. 2) 2022 International Organisations (Immunities and Draft 2022/Draft 11/10 12/11 12/11 25/10 CJ 02/12 02/12 Privileges) (Scotland) Affirmative Amendment Order 2022 Education (Listed 2022/294 Bodies) (Scotland) 06/10 Negative 10/11 10/11 25/10 ECYP 30/11 28/11 Amendment Order 2022 Instruments / Environmental Documents ESS/2022/03 Standards Scotland 30/09 04/11 04/11 25/10 NZET 24/11 21/11 subject to Strategic Plan approval Town and Country Planning (Miscellaneous 2022/286 Amendment) 29/09 Negative 03/11 03/11 25/10 LGHP 23/11 23/11 (Scotland) Regulations 2022 Feed Additives (Authorisations) 2022/288 29/09 Negative 03/11 03/11 25/10 HSCS 23/11 21/11 (Scotland) Regulations 2022 Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Case 2022/289 Management of 29/09 Laid only 03/11 03/11 25/10 CJ 23/11 23/11 Defended Family and Civil Partnership Actions) 2022 Pavement Parking Prohibition (Exemption Draft 2022/Draft Orders Procedure) 27/09 01/11 01/11 04/10 NZET 21/11 Affirmative (Scotland) Regulations 2022 Fireworks and Pyrotechnic Articles Attention not 2022/280 (C. 16) (Scotland) Act 2022 23/09 Laid only 28/10 28/10 04/10 48 CJ 17/11 14/11 drawn (Commencement No. 1) Regulations 2022 Rural Support (Simplification and Attention not 2022/279 Improvement) 22/09 Negative 27/10 27/10 04/10 48 RAINE 16/11 14/11 drawn (Scotland) (No. 2) Regulations 2022 Monday 17 October 2022 Page 1 of 6 Monday 17 October 2022 Scottish Statutory Instrument Tracker Report DPLR Lead Committee SSI Number SSI Title Date Procedure Parliamentary Additional Laid Action Information Report First Report 20 Day Committee Report 40 Day Meeting Due Meeting Name Due Recommendation Date Decision Number Date Date Date Date Date Financial Assistance for Environmental Purposes Attention not 2022/278 22/09 Negative 27/10 27/10 04/10 48 NZET 16/11 14/11 (Scotland) (No. 2) Order drawn 2022 Greenhouse Gas Emissions Trading Draft Attention not 2022/Draft 21/09 26/10 26/10 27/09 48 NZET 15/11 15/11 Scheme (Amendment) Affirmative drawn (No. 3) Order 2022 Act of Sederunt (Rules of the Court of Session 1994 Amendment) Attention not 2022/277 21/09 Laid only 26/10 26/10 27/09 47 CJ 15/11 15/11 (Recognition and drawn Enforcement of Judgments) 2022 Social Security (Miscellaneous Amendment and Draft Attention not 2022/Draft 20/09 25/10 25/10 27/09 47 SJSS 14/11 14/11 Transitional Provision) Affirmative drawn (Scotland) Regulations 2022 Homeless Persons (Suspension of Referrals Draft Attention not 2022/Draft between Local 20/09 25/10 25/10 27/09 47 SJSS 14/11 14/11 Affirmative drawn Authorities) (Scotland) Order 2022 Planning (Scotland) Act 2019 (Commencement No. 9 and Saving and Attention not 2022/275 (C. 15) 20/09 Laid only 25/10 25/10 27/09 47 LGHP 14/11 14/11 Transitional drawn Provisions) Regulations 2022 Coronavirus (Recovery and Reform) (Scotland) Attention not 2022/274 (C. 14) Act 2022 20/09 Laid only 25/10 25/10 27/09 47 CVDR 14/11 14/11 drawn (Commencement No. 1) Regulations 2022 Council Tax (Exempt Dwellings) (Scotland) Attention not 2022/272 09/09 Negative 28/09 28/09 20/09 46 LGHP 03/11 04/10 31/10 No Recommendation Amendment (No. 2) drawn Order 2022 Council Tax Reduction and Council Tax (Discounts) Attention not 2022/271 (Miscellaneous 09/09 Negative 28/09 28/09 20/09 46 SJSS 03/11 03/10 31/10 No Recommendation drawn Amendment) (No. 2) (Scotland) Regulations 2022 Judicial Appointments Board for Scotland Attention not 2022/268 (Membership) 09/09 Negative 28/09 28/09 20/09 46 CJ 03/11 31/10 drawn Modification Order 2022 Monday 17 October 2022 Page 2 of 6 Monday 17 October 2022 Scottish Statutory Instrument Tracker Report DPLR Lead Committee SSI Number SSI Title Date Procedure Parliamentary Additional Laid Action Information Report First Report 20 Day Committee Report 40 Day Meeting Due Meeting Name Due Recommendation Date Decision Number Date Date Date Date Date Registration of Births, Still-births and Deaths (Prescription of Forms Attention not 2022/267 and Attestation) 08/09 Laid only 27/09 27/09 20/09 46 CVDR 02/11 02/11 drawn (Miscellaneous Amendment) (Scotland) Regulations 2022 Local Electoral Administration and Registration Services Attention not 2022/266 (C.13) 08/09 Laid only 27/09 27/09 20/09 46 CVDR 02/11 02/11 (Scotland) Act 2006 drawn (Commencement No. 7) Order 2022 Scottish Biometrics Commissioner Act 2020 (Code of Practice) Draft Attention not 2022/Draft 07/09 26/09 26/09 13/09 46 CJ 01/11 01/11 (Appointed Day) Affirmative drawn (Scotland) Regulations 2022 Food Information (Transitional Provisions) Attention Breach of 28 day 2022/265 (Miscellaneous 05/09 Negative 24/09 24/09 13/09 46 HSCS 30/10 27/09 24/10 No Recommendation drawn laying...

Last updated: 3 October 2022

Monday 3 October 2022 SSI Tracker

Monday 03 October 2022 Scottish Statutory Instrument Tracker Report DPLR Lead Committee SSI Number SSI Title Date Procedure Parliamentary Additional Laid Action Information Report First Report 20 Day Committee Report 40 Day Meeting Due Meeting Name Due Recommendation Date Decision Number Date Date Date Date Date Instruments / Environmental Documents ESS/2022/03 Standards Scotland 30/09 04/11 04/11 25/10 RAINE 24/11 21/11 subject to Strategic Plan approval Town and Country Planning (Miscellaneous 2022/286 29/09 Negative 03/11 03/11 25/10 LGHP 23/11 23/11 Amendment) (Scotland) Regulations 2022 Feed Additives (Authorisations) 2022/288 29/09 Negative 03/11 03/11 25/10 HSCS 23/11 21/11 (Scotland) Regulations 2022 Act of Sederunt (Ordinary Cause Rules 1993 Amendment) 2022/289 (Case Management of 29/09 Laid only 03/11 03/11 25/10 CJ 23/11 23/11 Defended Family and Civil Partnership Actions) 2022 Pavement Parking Prohibition (Exemption Draft 2022/Draft Orders Procedure) 27/09 01/11 01/11 04/10 NZET 21/11 Affirmative (Scotland) Regulations 2022 Fireworks and Pyrotechnic Articles 2022/280 (C. 16) (Scotland) Act 2022 23/09 Laid only 28/10 28/10 04/10 CJ 17/11 14/11 (Commencement No. 1) Regulations 2022 Rural Support (Simplification and 2022/279 22/09 Negative 27/10 27/10 04/10 RAINE 16/11 14/11 Improvement) (Scotland) (No. 2) Regulations 2022 Financial Assistance for Environmental 2022/278 22/09 Negative 27/10 27/10 04/10 NZET 16/11 14/11 Purposes (Scotland) (No. 2) Order 2022 Greenhouse Gas Emissions Trading Draft 2022/Draft 21/09 26/10 26/10 27/09 NZET 15/11 15/11 Scheme (Amendment) Affirmative (No. 3) Order 2022 Act of Sederunt (Rules of the Court of Session 1994 Amendment) 2022/277 21/09 Laid only 26/10 26/10 27/09 CJ 15/11 15/11 (Recognition and Enforcement of Judgments) 2022 Monday 03 October 2022 Page 1 of 6 Monday 03 October 2022 Scottish Statutory Instrument Tracker Report DPLR Lead Committee SSI Number SSI Title Date Procedure Parliamentary Additional Laid Action Information Report First Report 20 Day Committee Report 40 Day Meeting Due Meeting Name Due Recommendation Date Decision Number Date Date Date Date Date Social Security (Miscellaneous Amendment and Draft 2022/Draft 20/09 25/10 25/10 27/09 SJSS 14/11 14/11 Transitional Provision) Affirmative (Scotland) Regulations 2022 Homeless Persons (Suspension of Draft 2022/Draft Referrals between 20/09 25/10 25/10 27/09 SJSS 14/11 14/11 Affirmative Local Authorities) (Scotland) Order 2022 Planning (Scotland) Act 2019 (Commencement 2022/275 (C. 15) No. 9 and Saving and 20/09 Laid only 25/10 25/10 27/09 LGHP 14/11 14/11 Transitional Provisions) Regulations 2022 Coronavirus (Recovery and Reform) (Scotland) 2022/274 (C. 14) Act 2022 20/09 Laid only 25/10 25/10 27/09 CVDR 14/11 14/11 (Commencement No. 1) Regulations 2022 Council Tax (Exempt Dwellings) (Scotland) Attention not 2022/272 09/09 Negative 28/09 28/09 20/09 46 LGHP 03/11 31/10 Amendment (No. 2) drawn Order 2022 Council Tax Reduction and Council Tax (Discounts) Attention not 2022/271 (Miscellaneous 09/09 Negative 28/09 28/09 20/09 46 SJSS 03/11 31/10 drawn Amendment) (No. 2) (Scotland) Regulations 2022 Judicial Appointments Board for Scotland Attention not 2022/268 09/09 Negative 28/09 28/09 20/09 46 CJ 03/11 31/10 (Membership) drawn Modification Order 2022 Registration of Births, Still-births and Deaths (Prescription of Forms and Attestation) Attention not 2022/267 08/09 Laid only 27/09 27/09 20/09 46 CVDR 02/11 02/11 (Miscellaneous drawn Amendment) (Scotland) Regulations 2022 Local Electoral Administration and Registration Services Attention not 2022/266 (C.13) 08/09 Laid only 27/09 27/09 20/09 46 CVDR 02/11 02/11 (Scotland) Act 2006 drawn (Commencement No. 7) Order 2022 Monday 03 October 2022 Page 2 of 6 Monday 03 October 2022 Scottish Statutory Instrument Tracker Report DPLR Lead Committee SSI Number SSI Title Date Procedure Parliamentary Additional Laid Action Information Report First Report 20 Day Committee Report 40 Day Meeting Due Meeting Name Due Recommendation Date Decision Number Date Date Date Date Date Scottish Biometrics Commissioner Act 2020 (Code of Practice) Draft Attention not 2022/Draft 07/09 26/09 26/09 13/09 46 CJ 01/11 01/11 (Appointed Day) Affirmative drawn (Scotland) Regulations 2022 Food Information (Transitional Provisions) Attention Breach of 28 day 2022/265 (Miscellaneous 05/09 Negative 24/09 24/09 13/09 46 HSCS 30/10 27/09 24/10 No Recommendation drawn laying...

Last updated: 21 September 2022

UKSI Phytosanitary Conditions amendment3 20 Sept 22

It provides clarity and confidence to Scottish authorisation (licence) holders and continues close collaboration across the UK under the provisional Plant Health Common Framework. Intended laying day (if known) of instruments likely to arise PH/037 is a negative SI and it is intended to be made 3 October 2022 and will come into force on 1 November 2022.

Last updated: 8 September 2022

UKSI Pest of Plants 26 August 2022