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Official Report Meeting date: 20 February 2025

SPCB Supported Bodies Landscape Review Committee 20 February 2025

Who is actually making the decision? Who are you accountable to? The very strength of my post and my office is that, in essence, we are accountable to the Parliament in financial and governance terms, and accountable to the people, through the courts, for decisions.
Last updated: 3 March 2026

SPBill70CS062026

European Charter of Local Self-Government (Incorporation) (Scotland) Bill [AS APPROVED AT RECONSIDERATION STAGE] An Act of the Scottish Parliament to incorporate in Scots law the European Charter of Local Self-Government, and for connected purposes. 1 The Charter Articles (1) In this Act, “the Charter Articles” means Articles 2 to 11 of the European Charter of 5 Local Self-Government which was opened for signature by the Council of Europe on 15 October 1985. (2) The Charter Articles are set out in the schedule. (2A) For the purposes of this Act, the Charter Articles are to be read subject to any reservations, objections, interpretative declarations, undertakings, notifications or 10 denunciations by the United Kingdom as may be in force from time to time. 1 (3) The Scottish Ministers may by regulations amend this Act to reflect amending or additional protocols to the Charter that have been signed by the United Kingdom (whether before or after the coming into force of this section). 2 Duty to act compatibly with the Charter Articles 15 (1) The Scottish Ministers must ensure that any action they take in exercise of a relevant function is compatible with the Charter Articles (but see subsection (2B)). (2) In subsection (1), a “relevant function” means a function that— (a) is within devolved competence (within the meaning of section 54 of the Scotland Act 1998), and 20 (aa) is conferred by— (i) an Act of the Scottish Parliament, (ii) a Scottish statutory instrument originally made wholly under a relevant enabling power, (iii) a provision in a Scottish statutory instrument originally made partly under 25 a relevant enabling power, provided that the provision itself was either— (A) originally made under the relevant enabling power, or SP Bill 70C Session 5 (2026) 2 European Charter of Local Self-Government (Incorporation) (Scotland) Bill (B) inserted into the instrument by an Act of the Scottish Parliament or subordinate legislation made under a relevant enabling power, or (iv) a rule of law not created by an enactment. (2A) In subsection (2), “relevant enabling power” means a power to make subordinate 5 legislation conferred by a provision in an enactment of a kind mentioned in that subsection, unless the provision was inserted by an enactment of a kind that is not mentioned in that subsection. (2B) The Scottish Ministers do not fail to comply with subsection (1) by taking an action in exercise of a relevant function which is incompatible with the Charter Articles if they 10 were required or entitled to take the incompatible action by words that— 1 (a) are not contained in an enactment of a kind mentioned in subsection (2)(aa), or (b) are contained in such an enactment having been inserted into it by an enactment of a kind that is not mentioned in subsection (2)(aa). (2C) For the purposes of this section— 15 (a) “function” includes the making of subordinate legislation but does not include the preparation or introduction of, or the exercise of other functions in relation to, a Bill for an Act of the Scottish Parliament, (b) a function conferred by words inserted by one enactment into another enactment (“the modified enactment”) is to be regarded as conferred only by the modified 20 enactment, (c) a failure to act (including a failure to make subordinate legislation) is to be treated as the taking of action. 3 Duty to promote local self-government (1) The Scottish Ministers must— 25 (a) keep under consideration whether there are any steps which they could take which would or might safeguard and reinforce local self-government and increase the autonomy of local authorities, and (b) if they consider it appropriate to do so, take any of the steps identified by that consideration. 30 (2) The Scottish Ministers must, in accordance with subsection (3), lay...
Official Report Meeting date: 19 January 2021

Delegated Powers and Law Reform Committee 19 January 2021

As with the previous instrument, there has been a failure to lay the instrument in accordance with section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010.
Committee reports Date published: 16 December 2021

Subordinate Legislation Considered by the Delegated Powers and Law Reform Committee on 14 December 2021 - Scrutiny of instruments under the Committee’s remit: instruments drawn to the attention of the lead committee

The Committee draws the instrument to the attention of the Parliament under reporting ground (j) for failure to lay it in accordance with laying requirements under the Interpretation and Legislative Reform (Scotland) Act 2010.
Committee reports Date published: 6 October 2020

Subordinate Legislation Considered by the Local Government and Communities Committee on 23 September 2020 - Committee Consideration

The Minister said that the primary policy intention of the SSI was to take account of the ongoing impacts of the pandemic.
Committee reports Date published: 26 August 2020

Tied Pubs (Scotland) Bill: Stage 1 - Delegated Powers

The Government could be required to consider any comments made and report on how these were taken into account when laying the final version of the regulations before the Parliament for approval under the affirmative procedure.
Committee reports Date published: 3 March 2026

Delegated powers in the Building Safety Levy (Scotland) Bill (as amended at Stage 2)

In addition, the Scottish Ministers must also lay a statement of reasons for extending the period when they lay the draft regulations. 
Last updated: 22 September 2025

Letter from CabSecCAEThe Producer Responsibility Obligations Packaging and Packaging Waste Amendment

This four nation approach to packaging EPR is also reflected in the collaborative approach taken to the development of the amendments in this proposed SI which take into account input from the Scottish Government (and the other UK nations) through the drafting process Intended laying date (if known) of instruments likely to arise The intended laying date is 3 November 2025.
Last updated: 20 November 2025

Community Wealth Building Scotland BillScottish Government Response to EFW Report

Given these accountability mechanisms, I do not think it would be necessary to require the Scottish Government to have due regard to guidance it has produced itself.
Last updated: 2 February 2026

Letter from CabSecRALRI The Marine Licensing Miscellaneous Amendment Scotland Order 2026 28 January

For these exceptional, but unavoidable, reasons beyond our control and the imperative to have this in place before the election period to protect devolution, I am writing to notify you that we anticipate a need to breach the 40-day laying requirement in Standing Orders.

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