Delegated powers in the Building Safety Levy (Scotland) Bill (as amended at Stage 2)
Recommendations & Conclusions
Review of relevant powers
Although the Committee did not seek a change to the consultation requirement in the Bill as introduced, it welcomes the expanded group of people and bodies who must be consulted before regulations can be made under section 6(1).
The Committee highlights to the Parliament that the Scottish Government has provided an explanation for the inclusion of the Henry VIII power in section 6(3).
The Committee notes that section 6(3) is a power to amend other enactments, that it is narrow in scope, but asks the Scottish Government to reconsider its approach.
The Committee welcomes the new consultation requirement in section 10(4) which meets the recommendation in its Stage 1 report.
The Committee finds the power, as revised, acceptable in principle, and is content that it remains subject to the affirmative procedure.
The Committee welcomes the new consultation requirement in section 12(3) which meets the recommendation in its Stage 1 report.
The Committee is content with the power in principle, and that it is subject to the affirmative procedure.
The Committee highlights to the Parliament that the Scottish Government has not provided a justification for the power in section 51A(4) to modify other enactments.
The Committee notes that section 51A(4) is a power to amend other enactments and draws its concerns about including it in the Bill to the Parliament's attention.