Member

245: After Clause 64, insert the following new Clause— “Power to make consequential provision: Scotland(1) The Scottish Ministers may by regulations make provision that is consequential on section 11 (use of accommodation for deprivation of liberty).(2) Regulations under subsection (1) may contain only provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.(3) Regulations under this section may amend, repeal or revoke provision made by or under—(a) an Act of the Scottish Parliament passed before this Act, or(b) an Act passed or made before, or in the same session of Parliament as, this Act.(4) For provision about instruments containing regulations under this section, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).(5) Except as provided by subsection (6), regulations made under this section are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).(6) Regulations made under this section that amend, repeal or revoke provision made by or under an Act of the Scottish Parliament, or an Act, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).(7) The power to make regulations under this section includes power to make—(a) supplementary, incidental, transitional or saving provision;(b) different provision for different purposes or areas.”Member’s explanatory statement This amendment would insert a new clause into the Bill conferring power on the Scottish Ministers to make provision that is consequential on Clause 11 of the Bill (use of accommodation for deprivation of liberty) in relation to matters that are within the legislative competence of the Scottish Parliament.