Annexe B: UK Parliament Acts and Bills subject to the Legislative Consent process in the Scottish Parliament Session 6 (as at 28 September 2023): examples of delegated powers exercisable within legislative competence by UK Ministers
Table A: UK Acts passed by the UK Parliament (as at 28 September 2023)NoUK ActPurpose (within legislative competence)Examples of powers exercisable by UK ministersStatutory requirement for consent of, or consultation with, the Scottish MinistersiWhere power exercised within legislative competenceScottish Government Sewel recommendation1Environment Act 2021 (c.30)Waste and resource efficiency; water quality; chemicals regulationSections 50 and 51, Schedules 4 and 5 (powers to specify and enforce producer responsibility obligations);Sections 52 and 53, and Schedules 6 and 7 (powers to specify resource efficiency information and requirements)Sections 89 and 92 (powers to regulate water quality in cross-border river basins)Section 140 and Schedule 19 (registration, evaluation, authorisation and restriction of chemicals: powers to amend the UK REACH Regulation, and the REACH Enforcement Regulation).ConsentRecommendedLegislative consent memorandum lodged by the Scottish Government2Environment Act 2021 (c.30)Nature and biodiversity: forest risk commoditiesSection 116 and Schedule 17 (powers to regulate use of forest risk commodities in commercial activity, and for enforcement).iiiThe UK Government and the Scottish Government disagreed on the question of whether these powers were exercisable within the Parliament’s legislative competence.NoneNot recommendedSupplementary LCM lodged by the Scottish Government3Economic Crime (Transparency and Enforcement) Act 2022 (c.10)Establishes a new Register of Overseas Entities and their beneficial owners, requires overseas entities who own land to register in certain circumstances; makes provision about unexplained wealth orders.Sch. 4, Part 3, paragraph 14(1):power to make further, or alternative, provision for the purpose of requiring/encouraging an overseas owner of land in Scotland to register as an Overseas Entity.ConsultationRecommended4Professional Qualifications Act 2022 (c. 20)New framework for the recognition of professional qualifications and experiencegained overseas, following...