The Scottish Parliament and law making
The Scottish Parliament and law making

Start this free course now. Just create an account and sign in. Enrol and complete the course for a free statement of participation or digital badge if available.

3.5 Delegated powers and the Scotland Act 1998

You may be wondering what relevance this all has to law making in Scotland. Section 35 of The Scotland Act 1998 (as amended) helps illustrate some of the points made.

Section 35 Scotland Act 1998
Figure 6 Section 35 Scotland Act 1998

This section gives the Secretary of State (a UK Government post) power to prevent the Presiding Officer of the Scottish Parliament from submitting a Bill of the Scottish Parliament for Royal Assent in certain circumstances. This applies to both devolved and reserved matters. Note the use of words such as ‘reasonable grounds’ and ‘interests of defence or national security’ which are not defined in the Act.

Secretary of State for Scotland logo
Figure 7 Secretary of State for Scotland logo
Section 63A Scotland Act 1998
Figure 8 Section 63A Scotland Act 1998

Listen to the following audio discussion in which academics from the OU Law School, Simon Lavis and Edwin Parks, explore delegated legislation and reflect on its use and place in law making.

Download this audio clip.Audio player: The use of delegated legislation
Copy this transcript to the clipboard
Print this transcript
Show transcript|Hide transcript
The use of delegated legislation
Interactive feature not available in single page view (see it in standard view).

Take your learning further

Making the decision to study can be a big step, which is why you'll want a trusted University. The Open University has 50 years’ experience delivering flexible learning and 170,000 students are studying with us right now. Take a look at all Open University courses.

If you are new to University-level study, we offer two introductory routes to our qualifications. You could either choose to start with an Access module, or a module which allows you to count your previous learning towards an Open University qualification. Read our guide on Where to take your learning next for more information.

Not ready for formal University study? Then browse over 1000 free courses on OpenLearn and sign up to our newsletter to hear about new free courses as they are released.

Every year, thousands of students decide to study with The Open University. With over 120 qualifications, we’ve got the right course for you.

Request an Open University prospectus371