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Scotland Bill (HL Bill 100)

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28 Power to create other new benefits

(1) The Scotland Act 1998 is amended as follows.

(2) In Section F1 of Part 2 of Schedule 5, in the Exceptions, after exception 9 (see
section 27 above) insert—

5“Exception 10

Schemes which provide assistance for social security purposes to or
in respect of individuals by way of benefits and which—

(a) are supported from sums paid out of the Scottish
Consolidated Fund,

(b) 10do not fall within exceptions 1 to 9, and

(c) are not connected with reserved matters (other than matters
reserved only by virtue of this Section).

This exception does not except providing assistance by way of
pensions to or in respect of individuals who qualify by reason of old
15age.

This exception does not except providing assistance where the
requirement for it arises from reduction, non-payability or
suspension of a reserved benefit as a result of an individual’s
conduct (for example, non-compliance with work-related
20requirements relating to the benefit) unless—

(a) the requirement for it also arises from some exceptional event
or exceptional circumstances, and

(b) the requirement for it is immediate.

For the purposes of this exception “reserved benefit” means a benefit
25which is to any extent a reserved matter.

In this exception the reference to schemes supported from sums paid
out of the Scottish Consolidated Fund does not include schemes—

(a) in respect of which sums are at some time paid out of the
Scottish Consolidated Fund, but

(b) 30which are directly supported from payments out of the
Consolidated Fund, the National Insurance Fund or the
Social Fund, or out of money provided by Parliament.”

(3) Schedule 4 (enactments etc protected from modification) is amended as
follows.

(4) 35In paragraph 2, at the end insert—

(5) Sub-paragraph (3) does not affect sub-paragraph (1) as it applies to
an Act of the Scottish Parliament so far as any matter to which a
provision of the Act relates falls within exception 10 of Section F1 of
Part 2 of Schedule 5.”

(5) 40In paragraph 3, at the end insert—

(3) Sub-paragraph (1) does not affect the application of paragraph 2 to
modifications which are incidental to, or consequential on, any
provision, if it is only by virtue of exception 10 of Section F1 of Part
2 of Schedule 5 that the provision does not relate to reserved
45matters.”

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29 Universal credit: costs of claimants who rent accommodation

(1) A function of making regulations to which this section applies, so far as it is
exercisable by the Secretary of State in or as regards Scotland, is exercisable by
the Scottish Ministers concurrently with the Secretary of State.

(2) 5This section applies to—

(a) regulations under section 11(4) of the Welfare Reform Act 2012
(determination and calculation of housing cost element), so far as
relating to any liability of a claimant in respect of accommodation
which the claimant rents, and

(b) 10regulations under section 5(1)(p) of the Social Security Administration
Act 1992 (payments to another person on behalf of the beneficiary), so
far as relating to the payment of an amount of universal credit in
respect of any such liability.

(3) For the purposes of this section—

(a) 15a claimant “rents” accommodation if he or she is liable to make rent
payments (with or without other payments) in respect of it, and

(b) “rent payments” has the meaning given from time to time by paragraph
2 of Schedule 1 to the Universal Credit Regulations 2013 (S.I. 2013/376S.I. 2013/376).

(4) The Scottish Ministers may not exercise the function of making regulations to
20which this section applies unless they have consulted the Secretary of State
about the practicability of implementing the regulations.

(5) If—

(a) the Scottish Ministers make regulations to which this section applies,
and

(b) 25the Secretary of State considers that it is not practicable to implement a
change made by the regulations by the time that change is to start to
have effect,

the Secretary of State may by regulations made by statutory instrument amend
the regulations so that the change is to start to have effect from a time later than
30the time originally set.

(6) The altered time must be no later than the Secretary of State considers
necessary, having regard to the practicability of implementing the change.

(7) The Secretary of State may not exercise the function of making regulations to
which this section applies in or as regards Scotland unless he or she has
35consulted the Scottish Ministers.

(8) Where regulations are made by the Scottish Ministers by virtue of subsection
(1)

(a) section 43(1) of the Welfare Reform Act 2012 (in the case of regulations
referred to in subsection (2)(a)) and section 189(3) of the Social Security
40Administration Act 1992 (in the case of regulations referred to in
subsection (2)(b)) do not apply, and

(b) the regulations are subject to the negative procedure (see section 28 of
the Interpretation and Legislative Reform (Scotland) Act 2010).

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30 Universal credit: persons to whom, and time when, paid

(1) A function of making regulations to which this section applies, so far as it is
exercisable by the Secretary of State in or as regards Scotland, is exercisable by
the Scottish Ministers concurrently with the Secretary of State.

(2) 5This section applies to regulations under section 5(1)(i) of the Social Security
Administration Act 1992, so far as relating to the person to whom, or the time
when, universal credit is to be paid.

(3) The Scottish Ministers may not exercise the function of making regulations to
which this section applies unless they have consulted the Secretary of State
10about the practicability of implementing the regulations.

(4) If—

(a) the Scottish Ministers make regulations to which this section applies,
and

(b) the Secretary of State considers that it is not practicable to implement a
15change made by the regulations by the time that change is to start to
have effect,

the Secretary of State may by regulations made by statutory instrument amend
the regulations so that the change is to start to have effect from a time later than
the time originally set.

(5) 20The altered time must be no later than the Secretary of State considers
necessary, having regard to the practicability of implementing the change.

(6) The Secretary of State may not exercise the function of making regulations to
which this section applies in or as regards Scotland unless he or she has
consulted the Scottish Ministers.

(7) 25Where regulations are made by the Scottish Ministers by virtue of subsection
(1)

(a) section 189(3) of the Social Security Administration Act 1992 does not
apply, and

(b) the regulations are subject to the negative procedure (see section 28 of
30the Interpretation and Legislative Reform (Scotland) Act 2010).

Employment support

31 Employment support

(1) In Part 2 of Schedule 5 to the Scotland Act 1998, Section H3 (job search and
support) is amended as follows.

(2) 35For the heading “Exception” substitute “Exceptions”.

(3) After that heading insert—

“Exception 1

The making by a person of arrangements for, or arrangements for the
purposes of or in connection with a scheme for, any of the following
40purposes—

(a) assisting disabled persons to select, obtain and retain
employment;

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(b) assisting persons claiming reserved benefits who are at risk
of long-term unemployment to select, obtain and retain
employment, where the assistance is for at least a year;

(c) assisting employers to obtain suitable employees who are
5persons referred to in paragraph (a) or (b).

The arrangements referred to in this exception include—

a (a) securing that the assistance referred to in this exception is
provided by another person;

(b) providing or arranging for the provision of facilities, support
10or services to any person;

(c) the making of payments to any person.

The assistance referred to in this exception includes—

(a) work search support,

(b) skills training, and

(c) 15work placements for the benefit of the community.

In this exception—

(a) “disabled person” has the same meaning as it has in the
Equality Act 2010 as at 28 May 2015 (the date of introduction
into Parliament of the Bill for the Scotland Act 2016);

(b) 20“reserved benefit” means a benefit which is to any extent a
reserved matter.”

(4) At the beginning of the existing exception which begins “The subject-matter
of—” insert—

Exception 2”.

(5) 25The Scotland Act 1998 has effect as if section 56(1)(g) of that Act included a
reference to section 17B of the Jobseekers Act 1995.

General

32 Functions exercisable within devolved competence

(1) The Scotland Act 1998 (“the 1998 Act”) has effect, in relation to any function so
30far as exercisable within devolved competence by virtue of a provision of
section 22, 23, 24, 25, 26, 27 or 31, as if references to a “pre-commencement
enactment” were to—

(a) an Act passed before or in the same session as the relevant date,

(b) any other enactment made before the relevant date,

(c) 35subordinate legislation under section 106 of the 1998 Act, to the extent
that the legislation states that it is to be treated as a pre-commencement
enactment,

but did not include the 1998 Act or this Act (or any amendment made by either
of those Acts) or, subject to paragraph (c), an enactment comprised in
40subordinate legislation under either of those Acts.

(2) In this section—

(a) expressions used in the 1998 Act have the same meaning as in that Act;

(b) in relation to a provision of section 22, 23, 24, 25, 26, 27 or 31, the
relevant date for any purpose is the date on which the provision comes
45into force for that purpose.

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(3) In section 53 of the 1998 Act (general transfer of functions), after subsection (3)
insert—

(3A) But see sections 9, 32 and 50 of the Scotland Act 2016 (which give “pre-
commencement enactment” a different meaning for functions
5exercisable within devolved competence by virtue of certain provisions
of that Act).”

33 Social Security Advisory Committee and Industrial Injuries Advisory
Council

(1) Section 53 of the Scotland Act 1998 does not apply in relation to any function
10of a Minister of the Crown under the legislation relating to social security and
industrial injuries advisory bodies.

(2) Section 117 of that Act does not apply in relation to any reference to a Minister
of the Crown in that legislation.

(3) In this section—

  • 15“the legislation relating to social security and industrial injuries advisory
    bodies” means any provision of sections 170 to 174 of, and Schedules 5
    to 7 to, the Social Security Administration Act 1992 (Social Security
    Advisory Committee and Industrial Injuries Advisory Council);

  • “Minister of the Crown” includes the Treasury.

34 20Information-sharing

(1) Information held by the Secretary of State for the purpose of a social security
function may be supplied by the Secretary of State to the Scottish Ministers for
use for the purpose of a relevant Scottish social security function.

(2) Where information is supplied to the Scottish Ministers under subsection (1)
25for use for any purpose, they may use it for any other purposes for which
information held by them for that purpose may be used.

(3) Information held by the Scottish Ministers for the purpose of a relevant
Scottish social security function may be supplied by them to the Secretary of
State for use for the purpose of a social security function.

(4) 30Where information is supplied to the Secretary of State under subsection (3) for
use for any purpose, the Secretary of State may use it for any other purposes
for which information held by him or her for that purpose may be used.

(5) In subsections (1) to (4)

(a) references to the Secretary of State include a person providing services
35to him or her;

(b) references to the Scottish Ministers include a person providing services
to them.

(6) Information supplied under this section must not be supplied by the recipient
of the information to any other person or body without—

(a) 40the authority of the Secretary of State, in the case of information
supplied under subsection (1);

(b) the authority of the Scottish Ministers, in the case of information
supplied under subsection (3).

(7) In this section—

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  • “social security function” means a function of the Secretary of State
    relating to—

    (a)

    social security,

    (b)

    the investigation or prosecution of offences relating to tax
    5credits,

    (c)

    employment or training,

    (d)

    war pensions,

    (e)

    welfare foods, or

    (f)

    any other prescribed matter;

  • 10“relevant Scottish social security function” means—

    (a)

    a function which is exercisable by the Scottish Ministers within
    devolved competence by virtue of any of the following
    provisions of Part 2 of Schedule 5 to the Scotland Act 1998—

    (i)

    exceptions 1, 2 and 4 to 8 and 10 in Section F1 (social
    15security schemes), and

    (ii)

    exception 1 in Section H3 (job search and support);

    (b)

    a function of the Scottish Ministers under or by virtue of—

    (i)

    section 29 (universal credit: costs of claimants who rent
    accommodation), or

    (ii)

    20section 30 (universal credit: persons to whom, and time
    when, paid);

    (c)

    a function of the Scottish Ministers relating to welfare foods;

    (d)

    any other prescribed function of the Scottish Ministers.

(8) In subsection (7)

(a) 25the reference to a function being exercisable within devolved
competence is to be read in accordance with section 54 of the Scotland
Act 1998;

(b) “war pensions” means schemes for the payment of pensions, grants,
allowances, supplements or gratuities for or in respect of persons who
30have a disablement or have died in consequence of service as members
of the armed forces of the Crown;

(c) “prescribed” means prescribed by regulations made by the Secretary of
State.

(9) Regulations under this section must be made by statutory instrument.

(10) 35A statutory instrument containing regulations under this section may not be
made unless a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament.

35 Extension of unauthorised disclosure offence

(1) Part 2 of Schedule 4 to the Social Security Administration Act 1992 is amended
40as follows.

(2) After paragraph 1A insert—

1B The reference in Part 1 of this Schedule to the Scottish
Administration is a reference to that Administration only to the
extent that the functions carried out by persons in its employ—

(a) 45relate to social security, or

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(b) are, or are connected with, functions of the First-tier Tribunal
or Upper Tribunal which relate to social security or to
occupational or personal pension schemes or to war pensions
or functions of the Chief, or any other, Social Security
5Commissioner.”

(3) In paragraph 3, omit “, the Scottish Administration”.

Part 4 Other legislative competence

36 Crown Estate

(1) 10In Part 5 of the Scotland Act 1998, before the heading “Miscellaneous” insert—

“The Crown Estate

90B The Crown Estate

(1) The Treasury may make a scheme transferring on the transfer date all
the existing Scottish functions of the Crown Estate Commissioners
15(“the Commissioners”) to the Scottish Ministers or a person nominated
by the Scottish Ministers (“the transferee”).

(2) The existing Scottish functions are the Commissioners’ functions
relating to the part of the Crown Estate that, immediately before the
transfer date, consists of—

(a) 20property, rights or interests in land in Scotland, excluding
property, rights or interests mentioned in subsection (3), and

(b) rights in relation to the Scottish zone.

(3) Where immediately before the transfer date part of the Crown Estate
consists of property, rights or interests held by a limited partnership
25registered under the Limited Partnerships Act 1907, subsection (2)(a)
excludes—

(a) the property, rights or interests, and

(b) any property, rights or interests in, or in a member of, a partner
in the limited partnership.

(4) 30Functions relating to rights within subsection (2)(b) are to be treated for
the purposes of this Act as exercisable in or as regards Scotland.

(5) The property, rights and interests to which the existing Scottish
functions relate must continue to be managed on behalf of the Crown.

(6) That does not prevent the disposal of property, rights or interests for
35the purposes of that management.

(7) Subsection (5) also applies to property, rights or interests acquired in
the course of that management (except revenues to which section 1(2)
of the Civil List Act 1952 applies).

(8) The property, rights and interests to which subsection (5) applies must
40be maintained as an estate in land or as estates in land managed
separately (with any proportion of cash or investments that seems to

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the person managing the estate to be required for the discharge of
functions relating to its management).

(9) The scheme may specify any property, rights or interests that appear to
the Treasury to fall within subsection (2)(a) or (b), without prejudice to
5the functions transferred by the scheme.

(10) The scheme must provide for the transfer to the transferee of
designated rights and liabilities of the Commissioners in connection
with the functions transferred.

(11) The scheme must include provision to secure that the employment of
10any person in Crown employment (within the meaning of section 191
of the Employment Rights Act 1996) is not adversely affected by the
transfer.

(12) The scheme must include such provision as the Treasury consider
necessary or expedient—

(a) 15in the interests of defence or national security,

(b) in connection with access to land for the purposes of
telecommunications, or with other matters falling within
Section C10 in Part 2 of Schedule 5,

(c) for securing that the management of property, rights or
20interests to which subsection (5) applies does not conflict with
the exploitation of resources falling within Section D2 in Part 2
of Schedule 5, or with other reserved matters in connection with
their exploitation, and

(d) for securing consistency, in the interests of consumers, in the
25management of property, rights or interests to which subsection
(5) applies and of property, rights or interests to which the
Commissioners’ functions other than the existing Scottish
functions relate, so far as it affects the transmission or
distribution of electricity or the provision or use of electricity
30interconnectors.

(13) Any transfer by the scheme is subject to any provision under subsection
(12).

(14) The scheme may include—

(a) incidental, supplemental and transitional provision;

(b) 35consequential provision, including provision amending an
enactment, instrument or other document;

(c) provision conferring or imposing a function on any person
including any successor of the transferee;

(d) provision for the creation of new rights or liabilities in relation
40to the functions transferred.

(15) On the transfer date, the existing Scottish functions and the designated
rights and liabilities are transferred and vest in accordance with the
scheme.

(16) A certificate by the Treasury that anything specified in the certificate
45has vested in any person by virtue of the scheme is conclusive evidence
for all purposes.

(17) The Treasury may make a scheme under this section only with the
agreement of the Scottish Ministers.

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(18) The power to make a scheme under this section is exercisable by
statutory instrument.

(19) The power to amend the scheme is exercisable so as to provide for an
amendment to have effect from the transfer date.

(20) 5In this section—

  • “designated” means specified in or determined in accordance with
    the scheme;

  • “the transfer date” means a date specified by the scheme as the
    date on which the scheme is to have effect.”

(2) 10Part 1 of Schedule 5 to the Scotland Act 1998 (general reservations) is amended
as follows.

(3) In sub-paragraph (3) of paragraph 2, after “Crown Estate” insert “(that is, the
property, rights and interests under the management of the Crown Estate
Commissioners)”.

(4) 15After that sub-paragraph insert—

(3A) Sub-paragraph (1) does not affect the reservation by paragraph 1 of
the requirements of section 90B(5) to (8).”

(5) In paragraph 1(2) of Schedule 7 to that Act (procedure for subordinate
legislation) in the appropriate place insert—

"Section 90B 20Type C"

(6) After paragraph 3 of that Schedule insert—

3A If legislation under section 90B amends a scheme under that section
and does not contain provision—

(a) made by virtue of subsection (12) or (19) of that section, or

(b) 25adding to, replacing or omitting any part of the text of an Act,

then, instead of the type C procedure, the type I procedure shall
apply.”

(7) For the purposes of the exercise on and after the transfer date of functions
transferred by the scheme under section 90B of the Scotland Act 1998, the
30Crown Estate Act 1961 applies in relation to the transferee as it applied
immediately before that date to the Crown Estate Commissioners, with the
following modifications—

(a) a reference to the Crown Estate is to be read as a reference to the
property, rights and interests to which section 90B(5) applies;

(b) 35a reference to the Treasury is to be read as a reference to the Scottish
Ministers;

(c) a reference to the Comptroller and Auditor General is to be read as a
reference to the Auditor General for Scotland;

(d) a reference to Parliament or either House of Parliament is to be read as
40a reference to the Scottish Parliament;

(e) the following do not apply—

  • in section 1, subsections (1), (4) and (7);

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  • in section 2, subsections (1) and (2) and, if the Scottish Ministers
    are the transferee, the words in subsection (3) from “in relation
    thereto” to the end;

  • in section 4, the words “with the consent of Her Majesty signified
    5under the Royal Sign Manual”;

  • sections 5, 7 and 8 and Schedule 1.

(8) Subsection (7) is subject to any provision made by Order in Council under
subsection (9) or by any other enactment, including an enactment comprised
in, or in an instrument made under, an Act of the Scottish Parliament.

(9) 10Her Majesty may by Order in Council make such provision as She considers
appropriate for or in connection with the exercise by the transferee under the
scheme under section 90B of the Scotland Act 1998 (subject to subsections (5) to
(8) of that section) of functions transferred by the scheme, including provision
taking effect on or before the transfer date.

(10) 15An Order in Council under subsection (9) may in particular—

(a) establish a body, including a body that may be nominated under that
section as the transferee;

(b) amend, repeal, revoke or otherwise modify an enactment, an Act of the
Scottish Parliament, or an instrument made under an enactment or Act
20of the Scottish Parliament.

(11) The power to make an Order in Council under subsection (9) is exercisable by
Scottish statutory instrument subject to the affirmative procedure (see section
29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(12) That power is to be regarded as being exercisable within devolved competence
25before the transfer date for the purposes of—

(a) section 92(4)(c) of the Scotland Act 1998 (Queen’s Printer for Scotland);

(b) section 104(2)(c) of that Act (power to make provision consequential on
legislation of, or scrutinised by, the Parliament);

(c) paragraph 11(3)(c) of Schedule 4 to that Act (modification of
30enactments in relation to making of subordinate legislation).

(13) In section 1(2) of the Civil List Act 1952 (payment of hereditary revenues into
the Scottish Consolidated Fund) after “treasure trove” insert “and from the
property, rights and interests the management of which is transferred by the
scheme under section 90B of the Scotland Act 1998”.

(14) 35In Schedule 1 to the Crown Estate Act 1961, omit paragraph 1(3A) and (4A)
(Commissioner with special responsibility for Scotland).

(15) In the Scotland Act 2012, omit section 18.

37 Equal opportunities

(1) Section L2 in Part 2 of Schedule 5 to the Scotland Act 1998 (equal opportunities)
40is amended as follows.

(2) Omit the words from “, including the subject-matter of” to “1995”.