Public Office (Accountability) Bill (UK Parliament legislation) - delegated powers exercisable within devolved competence, with reference to LCM-S6-66, LCM-S6-66a and LCM-S7-10.

The Committee is content with delegation of power to the Scottish Ministers in principle, and content that it is not subject to any parliamentary procedure.

As regards the delegation of power to the Secretary of State within devolved competence, the Committee notes that:
Either the Secretary of State or the Scottish Ministers can exercise the power within the Scottish Parliament’s legislative competence.
The choice of which government should exercise the power is a matter for the governments alone, with no role for Parliament.
Where the power is exercised by the Secretary of State, the guidance will be laid before the United Kingdom Parliament only.
The Secretary of State must obtain the Scottish Ministers’ consent before making the guidance.
The guidance will not be notified to the Scottish Parliament under the UKSI Protocol (because it is not a statutory instrument).

In relation to the Scottish Government's discussions with the UK Government, the Committee asks the Scottish Government to copy its response to the lead Committee, the Finance and Public Administration Committee. The Committee invites the lead Committee to seek an update.

The Committee is content with delegation of power to the Scottish Ministers in principle, and content with the choice of the affirmative procedure.

As regards the delegation of power to the Secretary of State within devolved competence, the Committee notes that:
Either the Secretary of State or the Scottish Ministers can exercise the power within the Scottish Parliament’s legislative competence.
The choice of which government should exercise the power is a matter for the governments alone, with no role for Parliament.
Where the power is exercised by the Secretary of State, regulations will be laid before and scrutinised by the United Kingdom Parliament only.
The Secretary of State must obtain the Scottish Ministers’ consent before making the regulations.
The regulations will fall within the scope of the UKSI Protocol and will be notified to the Parliament only after becoming law.
The Scottish Government has renewed its commitment in relation to facilitating Scottish Parliament scrutiny of any decisions regarding future regulations to be made by the Secretary of State under this power.

In the absence of an explanation as to why it is considered appropriate that the Secretary of State should be able to exercise this power within devolved competence for Scotland rather than the Scottish Ministers alone, the Committee considers that the power, in so far as exercisable within devolved competence for Scotland, should be conferred on the Scottish Ministers alone. The Committee invites the lead Committee to pursue these points.

The Committee is content with the delegation of the power in principle and that it is not subject to any parliamentary procedure.

The Committee is content with the delegation of power to the Scottish Ministers in principle and that its exercise would be subject to the affirmative procedure, subject to the urgency exception whereby the made affirmative procedure will apply.

As regards the delegation of power to the Secretary of State within devolved competence, the Committee notes:
Either the Secretary of State or the Scottish Ministers can exercise the power within the Scottish Parliament’s legislative competence.
The choice of which government should exercise the power is a matter for the governments alone, with no role for Parliament.
Where the power is exercised by the Secretary of State, regulations will be laid before and scrutinised by the United Kingdom Parliament only.
The Secretary of State must obtain the Scottish Ministers’ consent before making the regulations.
The regulations will fall within the scope of the UKSI Protocol and will be notified to the Parliament only after becoming law.
The Scottish Government has renewed its commitment in relation to facilitating Scottish Parliament scrutiny of any decisions regarding future regulations to be made by the Secretary of State under this power.

The Committee is content with delegation of the power to the Scottish Ministers in principle and with the choice of the affirmative procedure.

The Committee is content with the delegation of power in principle, and content with the choice of the negative procedure.