Delegated powers in the Restraint and Seclusion in Schools (Scotland) Bill (as amended at Stage 2)
Recommendations & Conclusions
Review of relevant powers
The Committee is content with the changes to the guidance-making power in sections 2(2) and 2(6). The Committee also welcomes the widening of the group of bodies and persons who must be consulted before guidance is issued.
The Committee is content with the new power at section 4(3A) in principle, and that it is subject to the affirmative procedure. The Committee also welcomes that the Scottish Ministers must consult on draft regulations before laying them before the Parliament.
The Committee finds the power acceptable in principle and is content with the specified parliamentary procedures which are dependent on whether or not the power is exercised to amend primary legislation.
The Committee accepts the new power in section 7(2) in principle and is content that it will not be subject to any parliamentary procedure.