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Ais-eòlas
Published by The Scottish Parliamentary Corporate Body
Inquiry into Framework Legislation and Henry VIII powers
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Published: Monday 24 Mar 2025 (DPLRS062025R21)
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Overview
Report
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Overview
Report
Membership changes
Executive summary
Introduction
Work of the Delegated Powers and Law Reform Committee and subordinate legislation processes in the Scottish Parliament
What are delegated powers and subordinate legislation
Role of the Committee in relation to delegated powers in Bills
Scrutiny of subordinate legislation in the Scottish Parliament
Definition and frequency of framework legislation
Terminology
Definition
Committee consideration, conclusions and recommendations
Frequency
Committee consideration, conclusions and recommendations
Why framework legislation is used
Flexibility
Co-design
Less policy development having taken place
Challenges of a framework approach – including legal and financial issues
Committee consideration, conclusions and recommendations
Improving scrutiny of framework legislation
The Parliament (or DPLR Committee) articulating its expectations in guidance for government and drafters
Enhanced and improved information from the Scottish Government on the introduction of framework legislation
Post legislative scrutiny
A scrutiny reserve
Committee consideration, conclusions and recommendations
Ways to improve scrutiny of subordinate legislation (in particular that which stems from framework legislation)
Better use (and awareness) of super-affirmative procedures
The Parliament having the ability to amend secondary legislation, or a think again / conditional approval option
Abolition of negative and affirmative procedure and a sift to allow the Parliament to express a view on procedure to apply to each instrument on the basis of the instrument laid
Committee consideration, conclusions and recommendations
Henry VIII powers
General views
Safeguards – signposting, post-legislative scrutiny, guidance and sunset provisions
Committee consideration, conclusions and recommendations
Annexe A – Subordinate legislation procedures
Annexe B – Extracts from minutes
Annexe C – Evidence
Image: Introduction
Image: Annexe A – Subordinate legislation procedures
Image: Annexe A – Subordinate legislation procedures
Image: Scrutiny of subordinate legislation in the Scottish Parliament
Image: Scrutiny of subordinate legislation in the Scottish Parliament
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