Third supplementary Legislative Consent Memorandum for the Crime and Policing Bill (UK Parliament legislation)

The Committee is content with delegation of the powers in principle and that they are subject to the negative procedure (for the power in section 141D(1) of the Criminal Justice Act 1998), and the affirmative procedure (for the power in section 141D(15) of that Act).

The Committee draws to the lead committee’s attention that:
the powers are exercisable by the Secretary of State within the legislative competence of the Scottish Parliament. No equivalent powers are conferred on the Scottish Ministers. Regulations made under the powers will accordingly be laid in the UK Parliament only;
there is a requirement that the Secretary of State consult the Scottish Minsters before making regulations under the powers. There is no requirement to obtain the Scottish Ministers’ consent, and no formal scrutiny process in the Scottish Parliament; and
the Scottish Government has stated that it will write to the relevant subject committee in the Scottish Parliament as either and/or both of the regulation making powers are used, to update Parliament on the use of the powers and provide details of the consultation that has taken place.

The Committee also suggests that the lead committee considers whether it is satisfied that the powers are appropriately framed in the context of this Bill.

The Committee is content with the power in principle, and that its exercise is not subject to Parliamentary procedure.

For the reasons given in the DPM, the Committee is content with this power in principle and that it is subject to the affirmative procedure.

T he Committee is content with delegation of the powers in principle and that they are subject to the affirmative procedure.

The Committee draws to the lead committee’s attention that:
the powers are exercisable by the Secretary of State within the legislative competence of the Scottish Parliament. No equivalent powers are conferred on the Scottish Ministers. Regulations made under the powers will accordingly be laid in the UK Parliament only;
there is a requirement that the Secretary of State consult the Scottish Minsters before making regulations under the powers. There is no requirement to obtain the Scottish Ministers’ consent, and no scrutiny process in the Scottish Parliament; and
the Scottish Government has stated that it will write to the relevant subject committee in the Scottish Parliament as either and/or both of the regulation making powers are used, to update Parliament on the use of the powers and provide details of the consultation that has taken place.

The Committee suggests that the lead committee considers whether it is satisfied that the powers are appropriately framed in the context of this Bill.