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Last updated: 27 March 2024

SPBill45S062024

General and final provisions 21 Offence (1) A person who coerces or pressures a terminally ill adult into making a first or second declaration commits an offence. 20 (2) A person who commits an offence under subsection 1 is liable— (a) on summary conviction to imprisonment for a term not exceeding 2 years or a fine not exceeding level 5 on the standard scale (or both), (b) on conviction on indictment to imprisonment for a term not exceeding 14 years or a fine (or both). 25 22 Limitations on effect of Act In so far as any provision of this Act, or any provision made under it, would relate to the reserved matter of— (a) misuse of drugs (within the meaning of Section B1 of Part 2 of schedule 5 of the Scotland Act 1998), 30 (b) regulation of the health professions (within the meaning of Section G2 of that Part of that schedule), or (c) medicines, medical supplies and poisons (within the meaning of Section J4 of that Part of that schedule), the provision is (to the extent it would so relate) of no effect. 35 23 Guidance (1) The Scottish Ministers may prepare and publish guidance with regard to the lawful provision to terminally ill adults of assistance to end their own lives under this Act. 11 Assisted Dying for Terminally Ill Adults (Scotland) Bill (2) Guidance under subsection (1) may in particular include provision about— (a) the carrying out of assessments under section 6 (including assessment of a terminally ill adult’s eligibility to be lawfully provided with assistance to end their own life), 5 (b) the making and cancellation of first and second declarations (including the signing of such declarations by proxy), (c) the provision of assistance in accordance with section 15, (d) the making of final statements, (e) information about the lawful provision to terminally ill adults of assistance to end 10 their own lives (including information to be provided to such adults and to the 1 general public). (3) The Scottish Ministers must, when preparing guidance under subsection (1), consult such persons as they consider appropriate. (4) A person carrying out any function under this Act must have regard to any relevant 15 guidance published under subsection (1). (5) The Scottish Ministers— (a) may from time to time revise guidance published under subsection (1), and (b) must publish any revised guidance. (6) Subsections (2) to (5) apply to revised guidance published under subsection (5) as they 20 apply to guidance published under subsection (1). 24 Provision of information by Public Health Scotland to Scottish Ministers (1) Public Health Scotland must, as soon as reasonably practicable after the end of each reporting period, submit a report to the Scottish Ministers on the lawful provision to terminally ill adults of assistance to end their own lives. 25 (2) The report must include the following information, in so far as known to Public Health Scotland, in relation to the reporting period to which the report relates— (a) broken down by reference to the characteristics mentioned in subsection (3), the number of persons who— (i) made a first declaration, 30 (ii) made a second declaration, (iii) made a second declaration but decided not to be provided with an approved substance provided by virtue of section 15(1), (iv) were provided with an approved substance by virtue of section 15(1) but decided not to use that substance, 35 (v) were provided with an approved substance by virtue of section 15(1) and died as a result of using that substance, (b) the number of statements made under section 8(1) and (2), including the number of statements which concluded that the person assessed— (i) was eligible to be lawfully provided with assistance to end their own lives, 40 (ii) was not eligible to be so provided, 12 Assisted Dying for Terminally Ill Adults (Scotland) Bill (c) in relation to persons who— (i) made a first declaration but did not go on to make a second declaration, (ii) made a second declaration but did not go on to be provided with an approved substance by virtue of section 15(1), 5 (iii) were provided with such a substance but did not go on to use it, the reasons given by persons as to why they did not go on to make a second declaration, be provided with an approved substance or, as the case may be, to use the substance, (d) in relation to persons who were provided with an approved substance by virtue 10 of section 15(1), 1 (i) the substance so provided, and (ii) where the person died as a result of using that substance, the type of place where the death took place (that is, in the person’s home, in a hospital, in a hospice and the like), 15 (e) the reasons given by persons wishing to be lawfully provided with assistance to end their own lives. (3) The characteristics referred to in subsection (2)(a) are— (a) age group, (b) postcode district, 20 (c) gender, (d) ethnicity, (e) nationality, (f) type of terminal illness. (4) A report under subsection (1) must not include any information that would or might 25 disclose the identity of a person. (5) The Scottish Ministers may by regulations amend subsections (2) and (3) so as to— (a) add a description of information or characteristic to, (b) vary a description of information or characteristic in, or (c) remove a description of information or characteristic from, 30 the information or characteristics for the time being mentioned in those subsections. (6) In this section, “reporting period” is the period of 1 year beginning with the day on which this section comes into force and each subsequent period of 1 year. 25 Provision of information to Public Health Scotland (1) The Scottish Ministers must by regulations make provision for information, relating to 35 the lawful provision to terminally ill adults of assistance to end their own lives, to be provided to Public Health Scotland for the purposes of the preparation of annual reports under section 24. (2) Regulations under subsection (1) may in particular make provision about— (a) the information to be provided, 13 Assisted Dying for Terminally Ill Adults (Scotland) Bill (b) the persons who must provide the information, (c) the circumstances in which the information must be provided, (d) the circumstances in which information may not be provided. (3) Regulations under subsection (1) may make provision for the circumstances in which 5 disclosure of information by or to Public Health Scotland is prohibited, including provision that disclosure in breach of such a prohibition is an offence. (4) A person who commits an offence under regulations made under subsection (1) is liable on summary conviction to a fine, as provided for in the regulations, but not exceeding level 5 on the standard scale. 10 (5) The Scottish Ministers must, before making regulations under subsection (1), consult 1 such persons as they consider appropriate. 26 Annual report (1) The Scottish Ministers must, as soon as reasonably practicable after the end of each reporting period— 15 (a) prepare and publish a report on the lawful provision to terminally ill adults of assistance to end their own lives, and (b) lay...
Last updated: 10 June 2024

Management of Offenders Scotland Bill Delegated Powers Memorandum

That is the responsibility of the Parole Board and (in some scenarios) Ministers taking into account the circumstances of the offender.
Last updated: 10 June 2024

Civil Litigation Expenses and Group Proceedings (Scotland) Bill with Stage 2 changes

P ART 3 A UDITORS OF COURT 13 Auditors of court 15 (1) There is to continue to be— (a) an office of the Court of Session called the Auditor of the Court of Session, (b) an office of the Sheriff Appeal Court called the auditor of the Sheriff Appeal Court, (c) an office called the auditor of the sheriff court. 20 (2) In this Part, the holders of those offices are referred to as the “auditors of court”. (3) The Scottish Courts and Tribunals Service (“the SCTS”) has the function of appointing individuals to hold those offices. (4) A person’s appointment as an auditor of court— (a) lasts for such period, and 25 (b) is on such other terms and conditions, as the SCTS may determine. (5) The auditors of court are also members of the staff of the SCTS and, accordingly, a reference in any enactment to the staff of the SCTS includes, except where the context requires otherwise, a reference to the auditors of court. 30 (6) The Auditor of the Court of Session is to continue to be a member of the College of Justice. (7) The schedule modifies enactments in relation to the auditors of court. 13A Temporary Auditor of the Court of Session (1) Subsection (2) applies during any period when— 35 (a) the office of the Auditor of the Court of Session is vacant, or 8 Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill Part 3—Auditors of court (b) the holder of that office is for any reason unable to carry out the functions of the office. (2) The Lord President may appoint a person to act as the Auditor of the Court of Session during that period. 5 (3) A person appointed under subsection (2)— (a) is to be appointed on such terms and conditions as the Lord President determines, (b) while acting as the Auditor of the Court of Session, is to be treated for all purposes, other than those of sections 13(4), (5) and (6) and 15(1) and (5), as the Auditor of the Court of Session. 10 14 Auditors’ functions (1) An auditor of court— (a) is to tax such accounts...
Official Report Meeting date: 14 January 2025

Equalities, Human Rights and Civil Justice Committee 14 January 2025

SNAP 2 dovetails and overlaps with our own strategic objectives, which, of course, are in those areas of the accountability of duty bearers and the completion of actions pending—so, back to accountability.
Official Report Meeting date: 26 May 2022

Meeting of the Parliament (Hybrid) 26 May 2022

I am glad that there is more detail on spending and accountability, and I thank the minister for looking at how accountability can be improved at all levels.
Committee reports Date published: 17 March 2022

Stage 1 report on the Good Food Nation (Scotland) Bill - Section 7 – requirements to produce plans

COSLA argued that the existing accountability mechanisms and oversight bodies are sufficient.
Official Report Meeting date: 6 December 2022

Delegated Powers and Law Reform Committee 06 December 2022

Does the committee wish to draw the instrument to the Parliament’s attention on reporting ground (j), for failure to comply with laying requirements? Members indicated agreement.
Official Report Meeting date: 26 April 2022

Delegated Powers and Law Reform Committee 26 April 2022

At the same time, is the committee content with the explanation that the Scottish Government has provided for the breach of the laying requirements? Members indicated agreement.
Last updated: 10 June 2024

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It is considered helpful for Ministers to issue guidance as a resource to those implementing staffing methods under the Bill which can set out best practice, examples, case studies, and take into account a wide range of possible practical scenarios and circumstances.
Last updated: 7 October 2021

SPBill04FMS062021accessible

The main cost will be in year 1 though there may be subsequent consultations if there are changes to the good food nation plans following review every 5 years. To account for this, the estimated costs for consultation are used for every fifth year subsequently, 22.

Can't find what you're looking for?

If you're having trouble finding the information you want, please contact [email protected].