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4th Report, 2011 (Session 3)

Budget (Scotland) (No.5) Bill

Remit and membership


1. The remit of the Subordinate Legislation Committee is to consider and report on-

(a) any-

(i) subordinate legislation laid before the Parliament;

(ii) Scottish Statutory Instrument not laid before the Parliament but classified as general according to its subject matter;

(iii) Pension or grants motion as described in Rule 8.11A.1;

and, in particular, to determine whether the attention of the Parliament should be drawn to any of the matters mentioned in Rule 10.3.1;

(b) proposed powers to make subordinate legislation in particular Bills or other proposed legislation;

(c) general questions relating to powers to make subordinate legislation; and

(d) whether any proposed delegated powers in particular Bills or other legislation should be expressed as a power to make subordinate legislation.

(Standing Orders of the Scottish Parliament, Rule 6.11)


Bob Doris (Deputy Convener)
Helen Eadie
Rhoda Grant
Alex Johnstone
Ian McKee
Elaine Smith
Jamie Stone (Convener)

Committee Clerking Team:

Clerk to the Committee
Irene Fleming

Assistant Clerk
Jake Thomas

Support Manager
Lori Gray

Budget (Scotland) (No.5) Bill

The Committee reports to the Parliament as follows—

1. The Subordinate Legislation Committee considered the delegated powers provision in the Budget (Scotland) (No.5) Bill at its meeting on 25 January 2011. The Committee reports to the Parliament on the provision under Rule 9.16.3 of Standing Orders.


2. The Bill makes provision for the Scottish Administration’s budget for the financial year 2011/12.  The Committee notes that, like its predecessors in previous years, the Bill contains one delegated power that permits certain parts of the Bill to be amended by affirmative Order.

Delegated power – Section 7: Amendment of the Act

3. Section 7 confers power on the Scottish Ministers to make adjustments to the overall cash authorisations set in section 3 of the Bill and to the schedules to the Bill, by Order made by statutory instrument, to take account of changing circumstances throughout the financial year.  Any such Order will be subject to affirmative resolution procedure.

4. The Committee approves the power without further comment.