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Chamber and committees

Delegated Powers and Law Reform Committee

Annual report of the Delegated Powers and Law Reform Committee 2025-26

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Introduction

  1. This report covers the work of the Committee during the parliamentary year from 13 May 2025 to 8 April 2026i.

  1. The Committee scrutinises subordinate legislation, such as Scottish Statutory Instruments ('SSIs'), delegated powers provisions within bills at Stage 1 and after Stage 2, as well as delegated powers provisions within UK bills which confer powers on Ministers to make subordinate legislation within devolved competence.

  1. There was one membership change in the reporting year:

    Substitute Members

    • Rhoda Grant MSP was replaced by Foysol Choudhury MSP on 10 September 2025.

Meetings

  1. During the parliamentary year, the Committee held 33 meetings. Of these, one was entirely in public, none were entirely in private and 32 included a mixture of public and private items.

Legislation

Bills

  1. The Committee considers delegated powers provisions in Scottish Government and Members’ bills. It then reports to subject committees and the Parliament on issues such as whether a power should be delegated, the scope of delegated powers and whether parliamentary procedures that would apply to subordinate legislation brought under the power would offer the appropriate level of scrutiny.

  1. Through its scrutiny process, the Committee aims to ensure that the appropriate balance is struck in Bills between primary and secondary legislation. That is, between the provision being set out in full in the Bill itself or the Bill conferring a power on Ministers to make the provision in subordinate legislation. The Committee also aims to ensure that the Parliament will have appropriate scrutiny of subordinate legislation made under powers conferred by the Bill.

  1. Over the reporting period, the Committee considered and reported on delegated powers in 20 Bills at Stage 1-

  1. The Committee also considered and reported on the following 18 bills after Stage 2-

Scottish Law Commission Bills

  1. The Committee also considers certain Scottish Law Commission (‘SLC’) bills and is the lead committee considering all aspects of the bill, including the policy.

  1. Over the reporting period, the Committee considered the following SLC bills.

Leases (Automatic Continuation etc.) (Scotland) Bill

  1. The Bill was introduced on 11 December 2024 and sought to modernise and clarify the law around how certain leases can continue automatically past their termination date, and other procedural elements related to ending leases. The scope of the Bill was limited to commercial leases only, and the Committee’s scrutiny of the Bill began in the previous parliamentary year. 

  1. As part of its scrutiny of the Bill within this parliamentary year the Committee took evidence from the Minister for Victims and Community Safety, Siobhian Brown MSP on 20 May 2025.

  1. The Committee published its Stage 1 report on the Bill on 23 June 2025. The Bill was withdrawn on 10 September 2025.

Contract (Formation and Remedies) (Scotland) Bill

  1. The Bill was introduced on 2 October 2025 and sought to introduce a set of rules that apply to different types of contract. These rules cover:

    1. how a contract is agreed (also known as the formation of the contract), and

    2. what happens if the terms of the contract are not met (also known as remedies for breach of the contract).

  1. As part of its scrutiny of the Bill, the Committee took evidence from the SLC, academics, legal practitioners and representatives from the business sector. The Committee heard from the Minister for Victims and Community Safety, Siobhian Brown MSP, on 2 December 2025.

  1. The Committee published its Stage 1 report on the Bill on 10 December 2025. The Stage 1 debate took place on 18 December 2025.

  1. Stage 2 of the Bill was considered by the Committee on 3 February 2026. Stage 3 took place in the Chamber on 3 March.

Subordinate legislation

  1. The Committee considered 270 instruments during this parliamentary year. It also considered five documents subject to parliamentary control, two “super-affirmative” advance drafts of instruments laid for consultation and one Lobbying Resolution motion.

  1. Of the 270 instruments, 260 were laid by the Scottish Government and 10 by the Lord President's Private Office.

  1. In relation to the 260 instruments laid by the Scottish Government:

    • 1 was subject to made affirmative procedure;

    • 101 were subject to affirmative procedure;

    • 110 were subject to negative procedure;

    • 46 were not subject to any parliamentary procedure (laid only); and

    • 2 were subject to bespoke procedures set out in sections 13 and 14 of the Convention Rights (Compliance) (Scotland) Act 2001.

  1. The Committee produced 33 Subordinate Legislation reports.

Legislative Consent Memorandums

  1. Legislative Consent Memorandums ('LCMs') relate to consent for UK Parliament bills which seek to change the law or alter Scottish Ministers’ or the Scottish Parliament’s powers in relation to devolved matters.

  1. The Committee considered the powers to make subordinate legislation within devolved competence in 21 UK Parliament Bills, scrutinising 30 LCMs and/or supplementary LCMs in relation to those Bills. A breakdown of the Bills and outputs in relation to them is provided below:

Highlighted scrutiny

Drafting of SSIs

  1. Following an increase in SSIs which engaged reporting grounds in the first quarter of this parliamentary Year – in which 28% of instruments were reported, some for multiple issues – the Committee agreed to take the unprecedented step of using a Committee Announcement in the Scottish Parliament Chamber to highlight the issue, and to encourage the Scottish Government to work to improve the overall quality of instruments that are laid before the Parliament.

  1. The issue was also raised by the Convener at a Conveners’ Group meeting with the First Minister.

  1. In subsequent quarters, the number of instruments engaging reporting grounds has returned to a level close the historical average.

Minister for Parliamentary Business

  1. Related to the above issue of drafting of SSIs, the Committee held two further bi-annual meetings with the Minister for Parliamentary Business, as part of its ongoing commitment to scrutinising and pushing for the Scottish Government to maintain high standards for matters within the remit of the Committee.

Taking oral evidence on Bills

  1. The Committee scrutinises all Bills in the Scottish Parliament which containing delegated powers provisions.

  1. In this parliamentary Year, more significant questions in relation to such provisions led the Committee to take oral evidence on two occasions. It questioned Graham Simpson MSP in relation to a power in his Scottish Parliament (Recall and Removal of Members) Bill on 3 June 2025, and then the Minister for Public Health and Women’s Health, Jenni Minto MSP, in relation to a power in the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill on 9 December 2025.

  1. Changes in relation to both sections the Committee highlighted in their oral questioning were subsequently made at Stage 2.

Framework legislation and Henry VIII powers

  1. Following the Committee’s inquiry into this issue in the previous parliamentary Year, it has now produced guidance on Framework legislation and Henry VIII powers.

  1. This guidance sets out the Committee’s expectations, and is intended to be of interest and assistance to the Scottish Government in the development of legislation, as well as individual MSPs, committees, stakeholders and anyone with an involvement in the scrutiny of legislation at the Scottish Parliament.  

Equal opportunities

  1. It is part of the Committee's remit to consider whether legislation is compatible with Convention Rights as set out in the Humans Rights Act 1998. The Committee will draw the attention of the lead committees and the parliament to any instrument that, in its opinion, may not be compatible with those rights.

  1. The Committee is keen to ensure that it hears from a diverse range of people when taking evidence. It asks witnesses to fill out diversity questionnaires following appearance at the Committee, and seeks to target a wide range of stakeholders when issuing calls for views on its work.