Introductory text
Social Security
Made 28th October 2020
Laid before the Scottish Parliament 30th October 2020
Coming into force 30th November 2020
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 83(3) and 94(2) of the Welfare Reform Act 2012f1 and all other powers enabling them to do so.
Annotations
Footnotes
- f1
-
2012 c.5. The function of making regulations under section 83(3) of the Act is exercisable by the Secretary of State by virtue of section 94(1) of the Act. The functions of the Secretary of State under sections 83 and 94 of the Act, as regards Scotland, transferred to the Scottish Ministers on 1 April 2020. This is both in terms of regulations 3 and 4 of S.I. 2017/444, which provides for functions conferred on the Secretary of State by a pre-commencement enactment that would be within the legislative competence of the Scottish Parliament by virtue of exception 1 in reservation F1 in schedule 5 of the Scotland Act 1998 (c.46) (social security schemes) to transfer to the Scottish Ministers on that date; and section 32 of the Scotland Act 2016 (c.11) which provides the meaning of “pre-commencement enactment” in this context. Under section 172(1) of the Social Security Administration Act 1992 (c.5), the Secretary of State is required to refer to the Social Security Advisory Committee (SSAC) proposals for regulations under ‘relevant enactments’, as defined in section 170(5) of that Act. This includes regulations under the Welfare Reform Act 2012. However, as a result of section 33(1) of the Scotland Act 2016, the function of the Secretary of State to consult the SSAC has not transferred to the Scottish Ministers. There is therefore no requirement for the Scottish Ministers to consult the SSAC before making these Regulations.