Recommendation 3

We note the Government’s rationale that this draft Order will enable the Scottish Parliament to legislate “with clarity” as to how the Bill’s reserved interactions can be dealt with. However, a consequence of the Government’s bifurcated approach is that this clarity would not be afforded in respect of the remaining competence issues, if the relevant provisions are to be removed from the Bill and dealt with after Royal Assent by way of section 104 orders. The UK Government could remove this uncertainty by publishing in draft any section 104 orders in good time before the Stage 3 debate. (Conclusion, Paragraph 27)