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Last updated: 10 September 2024

Convener to Acting Cabinet Secretary for Net Zero and Energy on Climate Change Bill

The “pre-laying procedure” requires that the Scottish Ministers must lay a copy of the proposed regulations, and a statement setting out their reasons for proposing to make those regulations, before laying the draft regulations before the Parliament.
Last updated: 20 January 2025

Regulation of Legal Services Scotland Bill 18 January 2025

The SLCC is already required to consult on its budget and operating plan, which set out our plans for the year ahead, and to lay those in Parliament. We also lay our annual report and annual accounts in Parliament.
Last updated: 24 June 2021

SPBill01BS062021

.), sub-paragraph 5 (5)(d). (5) In schedule 6— (a) paragraph 6 (freedom of information: Commissioner's ability to take account of impact of coronavirus), (aa) paragraph 13 (grounds for exclusion of the public from meetings of local 10 authorities), 1 (b) paragraph 15 (duties under the Public Finance and Accountability (Scotland) Act 2000). (6) In schedule 7— (a) paragraphs 1 and 5 (social security: period for re-determination of entitlement), 15 (c) paragraphs 23 to 30 (scrutiny of subordinate legislation in urgent cases). (7) The following provisions of schedule 1 of the Coronavirus (Scotland) (No.2) Act 2020 expire at the end of 30 September 2021— (a) in paragraph 3 (termination of student residential tenancy by tenant: requirements for notice)— 20 (i) sub-paragraph (2)(b)(i), (ii) in sub-paragraph (2)(b)(ii), the words “in any other case,”, (iii) sub-paragraphs (3) and (4), (b) paragraph 6 (carer’s allowance supplement), (d) paragraph 24 (marriages and civil partnerships during emergency period). 25 (8) For the purpose of section 13(1) of the Coronavirus (Scotland) Act 2020, the expiry of a provision of that Act by virtue of this section is to be treated as if it were by virtue of previous regulations under section 13(1) of that Act. (9) For the purpose of section 10(1) of the Coronavirus (Scotland) (No.2) Act 2020, the expiry of a provision of that Act by virtue of this section is to be treated as if it were 30 by virtue of previous regulations under section 10(1) of that Act. 2A Suspension of provisions (1) The operation of paragraphs 22 and 23 (care homes: inspections and reporting on coronavirus deaths) of schedule 1 of the Coronavirus (Scotland) (No.2) Act 2020 is suspended at the end of 30 September 2021. 35 (2) For the purpose of section 8(1)(b) and (2) of the Coronavirus (Scotland) (No.2) Act 2020, the suspension by virtue of subsection (1) is to be treated as if it were by virtue of section 8(1)(a) of that Act. 2B Notice of changes to coronavirus related measures (1) The Scottish Ministers must, at least 24 hours before the proposed change would come 40 into effect, lay before the Scottish Parliament a statement notifying it of any proposal 3 Coronavirus (Extension and Expiry) (Scotland) Bill to change a measure put in place by them to respond to the effect of the spread or incidence of coronavirus under— (a) the Coronavirus (Scotland) Act 2020, or (b) the Coronavirus (Scotland) (No.2) Act 2020. 5 (2) Subsection (1) does not apply if the Scottish Ministers consider that there are reasons of urgency which mean that it is not possible to comply with the requirement imposed by that subsection. (3) Where the Scottish Ministers rely on subsection (2), they must as soon as possible lay before the Scottish Parliament a statement explaining the circumstances. 10 (4) In this section, “coronavirus” has the meaning given by section 1 of the Coronavirus 1 (Scotland) Act 2020. 2C Report on certain matters relating to Act (1) The Scottish Ministers must no later than one month after the day of Royal Assent lay before the Scottish Parliament a report of— 15 (a) progress being made towards marriage ceremonies and civil partnership registrations and associated celebratory events being able to be held without restrictions arising from the spread or incidence of coronavirus, (b) their view of the effect of this Act on— (i) the measures in place to help businesses to deal with the effects of disruption 20 attributable to coronavirus, (ia) live music and live music venues, (ii) social security support available for carers, (iii) support available to persons who are required to self-isolate for a reason relating to coronavirus, and 25 (iv) social care services, and (c) the use of fiscal fines (that is, conditional offers of fixed penalties under section 302 of the Criminal Procedure (Scotland) Act 1995) during the period beginning on 7 April 2020 and ending on the day of Royal Assent. (2) The report must in particular include— 30 (a) information on the restrictions remaining in place as respects the holding of marriage ceremonies and civil partnership registrations and associated celebratory events, (b) information on the measures in place to help businesses deal with the effect of disruption attributable to coronavirus and any plans for further measures the 35 Scottish Ministers propose to put in place to help businesses, (c) information on the social security support to help carers put in place for a reason related to coronavirus and any plans for further social security support to help carers the Scottish Ministers propose to put in place for such a reason, (d) information on the support available to persons who are required to self-isolate 40 for a reason relating to coronavirus and any plans for further support for such persons the Scottish Ministers propose to put in place, 4 Coronavirus (Extension and Expiry) (Scotland) Bill (e) information on the measures in place to restore social care services to their level as at 1 March 2020 and any plans for further measures the Scottish Ministers propose to put in place to secure this, and (f) information on— 5 (i) the numbers of fiscal fines issued for each level on the scale during the period mentioned in subsection (1)(c), and (ii) the numbers of fiscal fines issued for each level of the scale in the period ending on 6 April 2020 which is of the same length as the period mentioned in subsection (1)(c). 10 (3) In this section— 1 “carer” has the meaning given by section 1 of the Carers (Scotland) Act 2016, “coronavirus” has the meaning given by section 1 of the Coronavirus (Scotland) Act 2020, “the scale” means the scale in the schedule of the Criminal Procedure (Scotland) 15 Act 1995 Fixed Penalty Order 2008 (S.S.I. 2008/108) (as it had effect at the time). 2D Reporting on status of eviction provisions (1) Each report required by section 15(1) of the Coronavirus (Scotland) Act 2020 must also include information on the operation during the period to which the report relates of schedule 1 of that Act, including in particular— 20 (a) the measures in place to protect tenants from eviction and any plans for further measures the Scottish Ministers propose to put in place to protect tenants from eviction, (b) the number of notices of proceedings issued to tenants in social housing as a result of rent arrears in the period, 25 (c) the total value of rent arrears in the social housing sector accumulated during the period, and (d) the number of eviction orders because of rent arrears issued by the First-tier Tribunal for Scotland during the period. (2) But subsection (1) does not require a report to include information on the operation of 30 a provision if the provision has been expired before the period to which the report relates. 3 Minor and consequential provisions (1) Section 4 (children and vulnerable adults) of the Coronavirus (Scotland) Act 2020 is repealed, together with the italic heading immediately preceding it. 35 (2) In section 12(6) of the Coronavirus (Scotland) Act 2020, for “Before” substitute “At the same time as”. (2A) In section 12 of the Coronavirus (Scotland) Act 2020, subsections (7) and (8) are repealed. (3) In schedule 4 of the Coronavirus (Scotland) Act 2020, paragraph 16 (community orders: 40 interpretation) is amended as follows— (a) in the opening words, for the words “paragraphs 12, 14 and” substitute “paragraph”, 5 Coronavirus (Extension and Expiry) (Scotland) Bill (b) the definition of “drug treatment and testing order” is repealed, (c) in the definition of “relevant local authority”, paragraph (b) is repealed, (d) the definition of “specified period” is repealed. (3A) In schedule 6 of the Coronavirus (Scotland) Act 2020, paragraph 11(a) (local authority 5 meetings: introductory) is repealed. (4) In section 9(6) of the Coronavirus (Scotland) (No.2) Act 2020, for “Before” substitute “At the same time as”. (4A) In section 9 of the Coronavirus (Scotland) (No.2) Act 2020, subsections (7) and (8) are repealed. 10 (5) In schedule 1 of the Coronavirus (Scotland) (No.2) Act 2020, in paragraph 1(3) 1 (termination of student residential tenancy by tenant: interpretation), the words “(except in paragraph 3(3))” are repealed. (6) In schedule 4 of the Coronavirus (Scotland) (No.2) Act 2020, paragraphs 10 and 11 (freedom of information: modification of Coronavirus (Scotland) Act 2020) are repealed. 15 (7) The following instruments are revoked— (a) the Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2020 (S.S.I. 2020/299), and (b) the Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 (S.S.I. 2021/152). 20 (8) The Coronavirus (Scotland) Act 2020 (Suspension: Adults with Incapacity) Regulations 2020 (S.S.I. 2020/267) are revoked. (9) Regulation 4 of the Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provisions) Regulations 2021 (S.S.I. 2021/93) is revoked. 4 Transitional and saving provisions 25 The schedule contains transitional and saving provisions. 5 Power to make provision in connection with expiry (1) The Scottish Ministers may by regulations make consequential, transitional, transitory or saving provision in connection with the expiry under section 2 of any provision of— (a) the Coronavirus (Scotland) Act 2020, or 30 (b) the Coronavirus (Scotland) (No.2) Act 2020. (2) Regulations under subsection (1) may— (a) make different provision for different purposes or areas, (b) modify any enactment (including this Act). (3) Regulations under subsection (1)— 35 (a) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure, (b) otherwise, are subject to the negative procedure. 6 Coronavirus (Extension and Expiry) (Scotland) Bill 5A Duty to report on effect of Act on social care services (1) The Scottish Ministers must prepare and publish a report on the effect that the extension and expiry of provisions by this Act is likely to have on social care services. (2) The report must set out in particular whether the Scottish Ministers consider that further 5 measures are required to ensure the early restoration of the availability of social care support packages and respite services to at least the level available prior to 1 March 2020. (3) The report under this section must be laid before the Scottish Parliament no later than one month after the date of Royal Assent. 10 6 Commencement 1 (1) Subsections (1), (2A), (3), (3A), (4A), (5), (8) and (9) of section 3 come into force at the end of 30 September 2021. (2) The other provisions of this Act come into force on the day after Royal Assent. 7 Short title 15 The short title of this Act is the Coronavirus (Extension and Expiry) (Scotland) Act 2021. 7 Coronavirus (Extension and Expiry) (Scotland) Bill Schedule—Transitional and saving provisions SCHEDULE (introduced by section 4) T RANSITIONAL AND SAVING PROVISIONS Children 5 1 (1) Despite sections 2(3) and 3(1), section 4 of the Coronavirus (Scotland) Act 2020 and the provisions of that Act referred to in sub-paragraphs (2) to (6) continue in effect as described in those sub-paragraphs. (2) In paragraph 2 of schedule 3, sub-paragraphs (1) to (6) continue in effect in relation to a child protection order made before the end of 30 September 2021. 10 (3) Paragraph 3 of schedule 3 continues in effect in relation to a compulsory supervision 1 order if, at the end of 30 September 2021, the order has effect by virtue of section 83(7A) of the Children’s Hearings (Scotland) Act 2011. (4) Paragraph 4 of schedule 3 continues in effect in relation to— (a) an interim compulsory supervision order made before the end of 30 September 15 2021 (but not in relation to the extension, or extension and variation, of such an order where the extension, or extension and variation, is made after 30 September 2021), and (b) an interim variation of compulsory supervision order made before the end of 30 September 2021, but 20 where a sheriff specifies a period of days in accordance with section 86(3)(d)(ii), 86(3)(e)(ii) or 140(4)(d)(ii) of the Children’s Hearings (Scotland) Act 2011 and that period expires after 12 November 2021, the period is to be treated as expiring at the end of 12 November 2021. (5) In paragraph 7 of schedule 3, sub-paragraphs (1) to (8) and (11) to (14) continue in 25 effect in relation to the appeal of a decision or determination where the decision or determination in question is made before the end of 30 September 2021. (6) In paragraph 10 of schedule 3, sub-paragraphs (1) to (5) continue in effect in relation to a child where, at the end of 30 September 2021— (a) the child is in a placement with a foster carer where the placement of the child 30 by the local authority has resulted in more than three children (who are not all siblings of each other) being placed with that foster carer at any one time, and (b) the child is not the subject of an emergency or short-term placement with a foster carer as mentioned in regulation 27A(2)(b) of the Looked After Children (Scotland) Regulations 2009 (S.S.I. 2009/210). 35 (7) Where by virtue of sub-paragraph (6), sub-paragraphs (1) to (5) of paragraph 10 of schedule 3 continue in effect in relation to a child, regulation 27B(2) to (7) of the Looked After Children (Scotland) Regulations 2009 is to be treated as applying in relation to the child. (8) In that application— 40 (a) the reference in regulation 27B(2) to the date on which A is placed with the foster carer is to be read as a reference to 30 September 2021, and (b) the references in regulation 27B(4) and (5) to A are to be read as references to the child. 8 Coronavirus (Extension and Expiry) (Scotland) Bill Schedule—Transitional and saving provisions Freedom of information: Commissioner's ability to take account of impact of coronavirus 2 Despite section 2(5)(a), paragraph 6 of schedule 6 of the Coronavirus (Scotland) Act 2020 continues in effect in relation to a request made under section 1(1) of the Freedom of Information (Scotland) Act 2002 before the end of 30 September 2021.
Last updated: 31 July 2019

Scottish Biometrics Commissioner Bill as introduced

Accountability 18 Strategic plans (1) The Commissioner must, in respect of each 4 year period— 35 (a) prepare and publish a strategic plan, (b) lay a copy of the plan before the Scottish Parliament before the beginning of the 4 year period to which it relates. 8 Scottish Biometrics Commissioner Bill (2) Before publishing a strategic plan, the Commissioner must consult on a draft of it with— (a) the Parliamentary corporation, and (b) such other persons as the Commissioner considers appropriate. 5 (3) A strategic plan is a plan setting out how the Commissioner proposes to perform the Commissioner’s functions during the period covered by the plan and, in particular, setting out— (a) what the Commissioner’s objectives and priorities are for that period, (b) how the Commissioner proposes to achieve them, 10 (c) what the timetable is for doing so, and (d) what the estimated costs are of doing so. (4) The Commissioner may, at any time, review and revise a strategic plan. (5) Where the Commissioner revises a strategic plan— (a) subsections (1) to (4) apply to the revised strategic plan as they apply to the 15 original strategic plan, (b) the reference in subsection (1) to the 4 year period is to be read as a reference to the period to which the revised strategic plan relates. (6) In this section, “4 year period” means— (a) the period of 4 years beginning with 1 April next following the coming into force 20 of this section, and (b) each subsequent period of 4 years. 19 Budgets (1) The Commissioner must, before the start of each financial year— (a) prepare proposals for the Commissioner’s use of resources and expenditure during 25 the year (a “budget”), and (b) by such date as the Parliamentary corporation determines, send the budget to it for approval. (2) The Commissioner may, in the course of a financial year, prepare a revised budget for the remainder of the year and send it to the Parliamentary corporation for approval. 30 (3) In preparing a budget or revised budget, the Commissioner must ensure that the Commissioner’s resources will be used economically, efficiently and effectively. (4) A budget or revised budget must contain a statement confirming that the Commissioner has complied with the duty under subsection (3). 20 Accountable officer 35 (1) The Parliamentary corporation must designate the Commissioner or a member of the Commissioner’s staff as the accountable officer for the purposes of this section. (2) The functions of the accountable officer are— (a) signing the accounts of the expenditure and receipts of the Commissioner, Scottish Biometrics Commissioner Bill 9 (b) ensuring the propriety and regularity of the finances of the Commissioner, (c) ensuring that the resources of the Commissioner are used economically, efficiently and effectively, and (d) where the accountable officer is not the Commissioner, the duty set out in subsection (3). 5 (3) The duty referred to in subsection (2)(d) is a duty, where the accountable officer is required to act in a way that the accountable officer considers would be inconsistent with the proper performance of the functions specified in subsections (2)(a) to (c), to— (a) obtain written authority from the Commissioner before taking the action, and 10 (b) send a copy of that authority as soon as possible to the Auditor General for Scotland. (4) The accountable officer is answerable to the Scottish Parliament for the performance of the functions in subsection (2). 21 Accounts and audit 15 (1) The Commissioner must— (a) keep proper accounts and accounting records, (b) prepare in respect of each financial year a statement of accounts, and (c) send a copy of the statement to the Auditor General for Scotland for auditing. (2) The Commissioner must comply with any directions which the Scottish Ministers give 20 the Commissioner in relation to the matters mentioned in subsection (1)(a) and (b). (3) The Commissioner must make the audited statement of accounts available, without charge, for inspection at all reasonable times. 22 Annual report (1) The Commissioner must, in respect of each financial year— 25 (a) prepare and publish a report on the Commissioner’s activities during that year, and (b) lay a copy of the report before the Scottish Parliament before the expiry of the period of 7 months beginning with the last day of that year. (2) The report must include— 30 (a) a review of issues identified by the Commissioner in the financial year as being relevant to the use of biometric data for criminal justice and police purposes, (b) a review of the Commissioner’s activity in that year, including the steps taken to fulfil each of the Commissioner’s functions, (c) any recommendations by the Commissioner arising out of such activity. 10 Scottish Biometrics Commissioner Bill Meaning of key terms 23 Meaning of “biometric data” (1) In this Act, “biometric data” means information about an individual’s physical, biological, physiological or behavioural characteristics which is capable of being used, 5 on its own or in combination with other information (whether or not biometric data), to establish the identity of an individual. (2) For the purposes of subsection (1), “biometric data” may include— (a) physical data comprising or derived from a print or impression of or taken from an individual’s body, 10 (b) a photograph or other recording of an individual’s body, (c) samples of or taken from any part of an individual’s body from which information can be derived, and (d) information derived from such samples. 24 Interpretation 15 except where the context requires otherwise— In this Act, “code of practice” means a code of practice in effect by virtue of section 9(1), “Commissioner” means the Scottish Biometrics Commissioner, “Parliamentary corporation” means the Scottish Parliamentary Corporate Body.
Questions and Answers Date answered: 18 July 2023

S6W-19474

It publishes an Impact Report in April and lays an Annual Report and Accounts in Parliament by the end of September each year.
Questions and Answers Date answered: 14 April 2023

S6W-16151

Operating Costs £000s Investment Income £000s Net Costs £000s 2020-21 (November to March) 2,875 -423 2,452 2021-22 9,677 -1,905 7,772 2022-23: The Bank’s final outturn is still being finalised and it is too early to provide a provisional figure to Parliament. The Bank will lay its audited Annual Accounts in Parliament before the end of September.
Last updated: 24 November 2022

SI Notification Food and Drink Wine Amendment Regulations 2021

SI NOTIFICATION: SUMMARY Title of Instrument Wine (Amendment) Regulations 2021 Proposed laying date at Westminster 23 November 2021 Date by which Committee has been asked to respond To be confirmed once Defra have advised on the potential for delaying the laying date and the debate.
Committees Published: 7 October 2021

Letter from the Minister for Parliamentary Business to the Convener following appearance at Committee

However, we have progressed some aspects of the Act and are now close to laying regulations and commencing the relevant provisions which will introduce: The new right for communities to prepare their own local place plans, which planning authorities must take into account when preparing their local development plans....
Official Report Meeting date: 2 October 2024

Meeting of the Parliament 02 October 2024

Without regulation, if a procedure goes wrong, there is little chance of holding that lay injector accountable, and the national health service is left to foot the bill for any corrective treatments.
SPICe briefings Date published: 21 August 2018

The Climate Change (Emissions Reduction Targets) (Scotland) Bill - Target Setting Criteria and Advice about Targets

We merely made some very minor changes in the light of changes to the accounting framework and in response to stakeholders’ view that the Paris agreement should be more explicitly recognised.

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