19th Report, 2012 (Session 4): Legislative Consent Memorandum on Scotland Bill

SP- Paper 112 (Web Only)


19th Report, 2012 (Session 4)

Legislative Consent Memorandum on Scotland Bill

Remit and membership


The remit of the Subordinate Legislation Committee is to consider and report on—

(a) any—

(i) subordinate legislation laid before the Parliament;

(ii) [deleted

(iii) pension or grants motion as described in Rule 8.11A.1;

and, in particular, to determine whether the attention of the Parliament should be drawn to any of the matters mentioned in Rule 10.3.1;

(b) proposed powers to make subordinate legislation in particular Bills or other proposed legislation;

(c) general questions relating to powers to make subordinate legislation;

(d) whether any proposed delegated powers in particular Bills or other legislation should be expressed as a power to make subordinate legislation;

(e) any failure to lay an instrument in accordance with section 28(2), 30(2) or 31 of the 2010 Act; and

(f) proposed changes to the procedure to which subordinate legislation laid before the Parliament is subject.

(Standing Orders of the Scottish Parliament, Rule 6.11)


Chic Brodie
Nigel Don (Convener)
James Dornan (Deputy Convener)
Mike MacKenzie
Michael McMahon
John Pentland
John Scott

Committee Clerking Team:

Clerk to the Committee
Irene Fleming

Assistant Clerk
Rob Littlejohn

Support Manager
Daren Pratt

Legislative Consent Memorandum on Scotland Bill

The Committee reports to the Parliament as follows—

1. At its meeting on 17 April 2012, the Committee considered the new provisions in the Scotland Bill, as amended during its passage through the United Kingdom Parliament, which confer on the Scottish Ministers powers to make subordinate legislation.

2. The Scotland Bill (“the Bill”) was introduced into the UK Parliament on 30 November 2010. The Committee’s predecessor in Session 3 considered the delegated powers contained in the Bill as introduced. Its recommendations are set out in its 10th report in 20111.

3. The Bill has been amended in its passage through the Westminster Parliament and has now completed its scrutiny in the House of Lords. Some of the powers previously considered by the Committee have been amended and some additional powers have been added.

4. The Scottish Government has lodged a supplementary Legislative Consent Memorandum (“LCM”) to cover the new and amended provisions and other, non-legislative measures. The draft of the motion lodged by the Cabinet Secretary for Parliamentary Business and Government Strategy is—

“That, further to motion S3M-8114 passed on 10 March 2011, the Parliament:

notes the letters exchanged between the Scottish and UK Governments on 21 March 2012; and agrees that the Scotland Bill, introduced in the House of Commons on 30 November 2010, as amended, should be considered by the UK Parliament.”2

5. The Committee considered the supplementary LCM under Rule 9B3.6 of Standing Orders. Under this rule, the Committee is required to consider and may report to the lead committee on any provision in a Bill which is subject to a Legislative Consent Memorandum which confers power on the Scottish Ministers to make subordinate legislation.

6. As with Bills passed by the Scottish Parliament, the Committee’s role is to consider whether it is appropriate in principle for the power to be delegated to the Scottish Ministers, whether the terms of the power are appropriately drawn and whether the level of scrutiny applied to the exercise of the power is appropriate.

7. Having considered the new and amended delegated powers in the Bill, specifically those in clauses 3(1), 16 and 24, the Committee is content with the delegated powers and does not need to draw the attention of the Parliament to any of those powers.


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