Recommendation 7

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.