The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2020

JurisdictionUK Non-devolved
CitationSI 2020/276

2020 No. 276

Constitutional Law

Devolution, Scotland

Employment And Training

The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2020

Made 11th March 2020

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 11th day of March 2020

Present,

The Queen’s Most Excellent Majesty in Council

This Order is made by Her Majesty in Council in exercise of the powers conferred upon Her by sections 63(1)(b), 113(3)(b), (4)(a) and (5)(a) and 124(2) of the Scotland Act 19981.

In accordance with paragraphs 1 and 2 of Schedule 7 to that Act2, a draft of this Order has been—

(a) laid before and approved by a resolution of each House of Parliament; and

(b) laid before and approved by a resolution of the Scottish Parliament.

Accordingly, Her Majesty, by and with the advice of Her Privy Council, makes the following Order:

S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2020.

(2) This Order comes into force on the day after the day on which it is made.

S-2 Functions exercisable concurrently by the Secretary of State and the Scottish Ministers

Functions exercisable concurrently by the Secretary of State and the Scottish Ministers

2.—(1) The functions of the Secretary of State under section 2 of the Employment and Training Act 19733are exercisable by the Scottish Ministers concurrently with the Secretary of State insofar as they—

(a)

(a) are exercisable in or as regards Scotland; and

(b)

(b) are not exercisable by the Scottish Ministers by virtue of section 53 of the Scotland Act 19984.

(2) But the Scottish Ministers may only exercise those functions, by virtue of paragraph (1), to make an arrangement under which a person in the circumstances described by paragraph (3) or (4) may be given assistance to retain employment.

(3) The circumstances are—

(a)

(a) an offer of employment was made to the person when the person was—

(i) 16 years of age or over; but

(ii) under 25 years of age;

(b)

(b) the person was not in employment at any point in the 6 months before the offer was made; and

(c)

(c) the person applied to the Scottish Ministers for assistance under the arrangements made by virtue of paragraph (1) within the period of one year beginning with the day that the offer was made.

(4) The circumstances are—

(a)

(a) an offer of employment was made to the person when the person was—

(i) 16 years of age or over; but

(ii) under 26 years of age;

(b)

(b) the person—

(i) was looked after by a local authority on or after the person’s 16th birthday; and

(ii) is no longer looked after by a local authority; and

(c)

(c) the person applied to the Scottish Ministers for assistance under the arrangements made by virtue of paragraph (1) within the period of one year beginning with the day that the offer was made.

(5) For the purposes of paragraph (4)(b), a person is looked after by a local authority if—

(a)

(a) the person is looked after, within the meaning of section 17(6) of the Children (Scotland) Act 19955, by a local authority in Scotland;

(b)

(b) the person is looked after, within the meaning of section 105(4) of the Children Act 19896, by a local authority in England or Wales; or

(c)

(c) the person is looked after, within the meaning of article 25 of the Children (Northern Ireland) Order 19957, by an authority in Northern Ireland.

(6) For the avoidance of doubt, nothing in this article requires the Scottish Ministers to make an arrangement to assist every person in the circumstances described by paragraphs (3) and (4).

S-3 Information sharing: HMRC information

Information sharing: HMRC information

3. In section 127 of the Welfare Reform Act 20128(information-sharing between Secretary of State and HMRC)—

(a) after subsection (2) insert—

S-2A

2A. Information to which subsection (1) applies may be supplied to the Scottish Ministers for use in connection with any arrangements made by them under section 2 of the Employment and Training Act 1973 by virtue of article 2(1) of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2020.”;

(b) in subsection (5)(a), after “(2)” insert “or...

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