2018 No. 298 (C. 20)
The Social Security (Scotland) Act 2018 (Commencement No. 2, Transitory and Saving Provision) Regulations 2018
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 99(2) and (3) of the Social Security (Scotland) Act 2018 M1.
Citation and commencement1
1
These Regulations may be cited as the Social Security (Scotland) Act 2018 (Commencement No. 2, Transitory and Saving Provision) Regulations 2018 and come into force on 22 October 2018.
2
In these Regulations “the Act” means the Social Security (Scotland) Act 2018.
Appointed days2
1
The day appointed for the coming into force of the following provisions of the Act is 22 October 2018—
a
sections 1 and 2 (the Scottish social security principles);
b
sections 3 to 9 (promotion of take-up of assistance under the Scottish social security system);
c
sections 15 to 19 (the Scottish social security charter);
d
section 20 (annual report on the performance of the Scottish social security system);
e
section 23 (meaning of the Scottish social security system);
f
sections 24 to 27 (giving assistance according to determination of entitlement);
g
sections 37 to 52 (determination of entitlement, re-determination and appeal);
h
section 53 and 54 (identifying possible eligibility and obtaining information);
i
sections 56 to 59 (duty to notify change of circumstances, appointees and right to a supporter);
j
sections 61 and 62 (right to appeal process decisions and presumption about receipt of information);
k
sections 63 to 69 (recovery of value of assistance);
l
sections 71 to 74 (offences);
m
section 75 (provision by regulations about investigations); and
n
section 87 (annual report on appeals).
2
22 October 2018 is also the day appointed for section 76 (code of practice on investigations) of the Act to come into force, so far as not already in force (but subject to the saving provision in regulation 3(2)).
Transitory and saving provision3
1
For the avoidance of doubt, the commencement by regulation 2(1)(d) and (n) of sections 20 and 87 of the Act does not require the Scottish Ministers to prepare any report in respect of the financial year ending on 31 March 2018.
F12
Nothing in regulation 2(1)(a) brings a provision into force for any purpose within exception 1(a) insofar as it relates to industrial injuries benefits or 1(c) in section F1 (benefits for disability and industrial injury) in Part 2 of schedule 5 of the Scotland Act 1998 M2.
3
Nothing in regulation 2(1)(b) to (n) brings a provision into force for any purpose within exception 1 in Section F1 (benefits for disability and industrial injury) in Part 2 of schedule 5 of the Scotland Act 1998.
(This note is not part of the Regulations)
The following provisions of the Social Security (Scotland) Act 2018 have been brought into force by commencement Regulations made before the date of these Regulations:—
Provision | Date of Commencement | Instrument No. |
---|---|---|
Section 76 (partially) | 3 September 2018 | S.S.I. 2018/250 |
Sections 81 to 85 | 3 September 2018 | S.S.I. 2018/250 |
2018 asp 9.