Scottish Parliament committee: Delegated Powers and Law Reform Committee
Recommendation 5
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.
SP Paper 14
Published 30 September 2026
Report is 0.1 years old
Theme Review of relevant powers
Recommendation (the committee's words)
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.
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.
From: Delegated Powers and Law Reform Committee, 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. (SP Paper 14), 30 September 2026
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