- Latest available (Revised)
- Point in Time (10/12/2019)
- Original (As enacted)
Version Superseded: 11/11/2020
Point in time view as at 10/12/2019.
Social Security (Scotland) Act 2018, PART 7 is up to date with all changes known to be in force on or before 16 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, or in connection with, or for giving full effect to this Act or any provision made under it.
(1)A power to make regulations conferred by this Act includes the power to make different provision for different purposes and areas.
(2)Regulations under any of the following provisions are subject to the affirmative procedure: sections 11, 13, 22(1)(e), any section in Chapter 2 of Part 2 and sections 51, 52, 68, 75, 79, 81(8), 82, 85(2)(g) and (5), 86 and 93 and paragraph 4(2)(c) of schedule 1.
(3)Regulations under any of the following provisions are subject to the negative procedure: sections 41(4)(a) and 43(5) and paragraph 13(2) of schedule 1.
(4)Regulations under section 95—
(a)are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act), but
(b)otherwise are subject to the negative procedure.
(5)Regulations under section 22(1)(e), which modify the functions of the Scottish Commission on Social Security, may not be made after the Commission is established unless the Scottish Ministers have consulted the Commission about the modification.
(1)This section applies (subject to subsection (11)) in relation to regulations under—
(a)any section in Chapter 2 of Part 2, and
(b)section 79.
(2)Where the Scottish Ministers propose to make regulations to which this section applies, they must (before laying a draft Scottish statutory instrument containing such regulations before the Scottish Parliament for approval by resolution)—
(a)inform the Scottish Commission on Social Security of their proposals,
(b)notify the Scottish Parliament that they have done so, and
(c)make their proposals publicly available by such means as the Ministers consider appropriate.
(3)For the purposes of subsection (2), proposals must take the form of draft regulations.
(4)Having been informed of the Scottish Ministers' proposals, the Commission must prepare a report setting out its observations and recommendations in relation to the proposals.
(5)The Scottish Ministers must ensure that the Commission has such time to prepare the report as the Commission deems appropriate.
(6)In preparing its report, the Commission—
(a)must have regard to—
(i)the Scottish social security principles, and
(ii)any relevant international human rights instruments (as defined in section 22(5)), and
(b)may consult any persons it considers appropriate.
(7)If the Commission's members are unable to agree the terms of its report unanimously, the report must set out the matters over which members differ.
(8)Having prepared its report, the Commission must—
(a)submit a copy of the report to—
(i)the Scottish Ministers, and
(ii)the Scottish Parliament, and
(b)make the report publicly available by such means as the Commission considers appropriate.
(9)When laying a draft Scottish statutory instrument containing regulations to which this section applies before the Scottish Parliament for approval by resolution, the Scottish Ministers must also lay before the Parliament either—
(a)a response to the Commission's report on the proposals for the regulations, or
(b)a statement explaining why the Ministers consider it appropriate to lay the draft instrument before the Parliament before the Commission has submitted its report on the proposals for the regulations.
(10)The response mentioned in subsection (9)(a) must, in particular, give details of—
(a)how (if at all) the regulations differ from the proposals,
(b)how the Scottish Ministers have sought to address the observations and recommendations contained in the Commission's report, and
(c)any observations or recommendations contained in the report that the Ministers disagree with and have not sought to address.
(11)This section does not apply in relation to regulations made only for the purpose of the consolidation of earlier regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
(1)The following provisions come into force on the day after Royal Assent: this section and sections 95, 96, 97, 98 and 100.
(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.
(3)The power conferred by subsection (2) includes the power to make transitional, transitory or saving provision.
The short title of this Act is the Social Security (Scotland) Act 2018.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: