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Scottish Statutory Instruments
2018 No. 393 (C. 26)
Social Security
The Social Security (Scotland) Act 2018 (Commencement No. 4 and Saving Provision) Regulations 2018
Made
20th December 2018
Laid before the Scottish Parliament
21st December 2018
Coming into force
21st January 2019
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 99(2) and (3) of the Social Security (Scotland) Act 2018(1).
Citation and commencement
1. These Regulations may be cited as the Social Security (Scotland) Act 2018 (Commencement No. 4 and Saving Provision) Regulations 2018 and come into force on 21 January 2019.
Appointed day
2. The day appointed for the coming into force of sections 21 and 22 and schedule 1 (Scottish Commission on Social Security) of the Social Security (Scotland) Act 2018 is 21 January 2019.
Saving provision
3. Nothing in regulation 2 brings a provision into force for any purpose within exception 1 in Section F1 (benefits for disability and industrial injury) in Part 2 of schedule 5 of the Scotland Act 1998(2).
SHIRLEY-ANNE SOMERVILLE
A member of the Scottish Government
St Andrew's House,
Edinburgh
20th December 2018
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations bring sections 21 and 22 and schedule 1 of the Social Security (Scotland) Act 2018 ("the 2018 Act") into force on the day they appoint. These provisions relate to the Scottish Commission on Social Security.
Regulation 3 makes saving provision. This is to ensure that the commencement of these provisions of the 2018 Act has no effect on the arrangements made by regulation 4(2)(a) of the Scotland Act 2016 (Transitional) Regulations 2017 (S.I. 2017/444). Those arrangements delay, for a transitional period, the transfer to the Scottish Ministers of the Secretary of State's functions in relation to certain disability and industrial injury benefits.
The Bill for the 2018 Act received Royal Assent on 1 June 2018. Part 7 of the 2018 Act (sections 95 to 100: final provisions) came into force the following day.
NOTE AS TO EARLIER COMMENCEMENT REGULATIONS
(This note is not part of the Regulations)
The following provisions of the Social Security (Scotland) Act 2018 have been brought into force by commencement Regulations made before the date of these Regulations:-
| Provision | Date of Commencement | Instrument No. |
|---|---|---|
| Sections 1 to 9 | 22 October 2018 | S.S.I. 2018/298 |
| Sections 15 to 20 | 22 October 2018 | S.S.I. 2018/298 |
| Sections 23 to 27 | 22 October 2018 | S.S.I. 2018/298 |
| Section 32 | 10 December 2018 | S.S.I. 2018/357 |
| Sections 37 to 54 | 22 October 2018 | S.S.I. 2018/298 |
| Sections 56 to 59 | 22 October 2018 | S.S.I. 2018/298 |
| Sections to 61 to 69 | 22 October 2018 | S.S.I. 2018/298 |
| Sections 71 to 75 | 22 October 2018 | S.S.I. 2018/298 |
| Section 76 (partially) | 3 September 2018 | S.S.I. 2018/250 |
| Section 76 (fully) | 22 October 2018 | S.S.I. 2018/298 |
| Sections 81 to 85 | 3 September 2018 | S.S.I. 2018/250 |
| Section 87 | 22 October 2018 | S.S.I. 2018/298 |
| Schedule 6 | 10 December 2018 | S.S.I. 2018/357 |
(1)
(2)
1998 c.46. Section F1 was amended by sections 22 to 28 of the Scotland Act 2016 (c.11); of particular relevance to these Regulations is section 22(2) which inserted exception 1.