Explanatory note

This Order modifies Schedule 5 to the Scotland Act 1998 (c. 46). Schedule 5 defines reserved matters for the purposes of that Act (matters which are outside the legislative competence of the Scottish Parliament).

Article 2 provides for a general exception to the list of reserved matters in Schedule 5. This exception gives the Scottish Parliament limited competence to legislate in relation to the identification and regulation of substances and devices for use in assisting terminally ill adults to voluntarily end their own lives. The conferral of competence on the Scottish Parliament is time limited in that it only extends to provision contained in an Act of the Scottish Parliament which results from a Bill passed by the Parliament before 7 May 2026.

The exception is limited to the extent that it allows the Scottish Parliament to:

• confer a power on the Scottish Ministers to identify substances or devices, by way of subordinate legislation with the agreement of the Secretary of State, and

• confer a power on the Secretary of State to regulate such substances or devices, by way of subordinate legislation.

In conferring powers to make subordinate legislation, the Scottish Parliament may not mandate or restrict the content of such legislation, or the period within which such subordinate legislation may be made or, as the case may be, agreed to by the Secretary of State.

Any conferral of power on the Secretary of State to make subordinate legislation may not be made conditional upon the agreement of any person, including the Scottish Ministers. Further, the conferral of competence does not extend to imposing any duty on the Secretary of State. However, this does not prevent the Scottish Parliament making provision with respect to the Parliamentary processes which are to apply to any subordinate legislation.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.