Recommendation 5

This approach has been agreed between the two Governments, and we offer no view as to whether it is appropriate in this specific instance. However, we wish to highlight that it is novel. It represents a departure from the constitutional default: that if a subject matter has been devolved, the Scottish Parliament confers regulatory powers on Scottish Ministers, who in turn are answerable to the Scottish Parliament as to how those powers are exercised. (Conclusion, Paragraph 33) 13