Member

Section 104 is routinely used to make provision in consequence of an Act of the Scottish Parliament: that is, once a Bill has Royal Assent. In this instance, it was not considered an appropriate option due to the limitations of the power. Section 104 cannot be used before a Bill achieves Royal Assent. The request from the Scottish Government was to act before Royal Assent, reflecting the Scottish Government’s view that the provisions were fundamental to the operation of the Bill—a view that we share. Moreover, Section 104 cannot be used to create regulation-making functions. Section 30 was considered appropriate as it enables the Scottish Parliament to introduce regulation-making powers within the narrow scope of the order. In essence, Section 30 was, in this instance, the only means of achieving both of those outcomes.