5. Approach to scrutiny
This report has been completed in accordance with SCoSS’s pre-legislative scrutiny function, conferred by sections 22(1)(a) and 97 of the Social Security (Scotland) Act 2018. Section 97 states that the Commission must report on draft Regulations proposed to be made under any section in Chapter 2 of Part 2 of the Act.
It is within SCoSS’s remit to scrutinise any regulations made under specific provisions that are subject to the affirmative procedure contained within the Social Security (Scotland) Act 2018. SCoSS carries out its scrutiny role having regard to the Scottish social security principles, any relevant provisions of human rights law, and with reference to our scrutiny framework.
The draft Regulations were formally submitted to SCoSS on 7 June 2022 by the Minister for Social Security and Local Government, Ben Macpherson MSP. As part of the scrutiny process, we were able to seek further information and clarification from officials on various points, which has helped us prepare our scrutiny report and also, we hope, helped the Scottish Government in its evolving policy and legislation development.
Our timeline for scrutiny is in Annex 1.