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Week 1: Law making in Scotland

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Figure 5 outlines examples of situations when a legislative consent motion may be used: 1. Where it would be more effective to legislate on a UK basis in order to put in place a single UK-wide regime (e.g. powers for the courts to confiscate the assets of serious offenders). 2. Where there is a complex inter-relationship between reserved and devolved matters that can most effectively and efficiently be dealt with in a single Westminster Bill (e.g. the introduction of civil partnerships). 3. Where the UK Parliament is considering legislation for England and Wales which the Executive believes should also be brought into effect in Scotland, but no Parliamentary time is available at Holyrood (e.g. to strengthen protection against sex offenders). 4. Where the provisions in question, although they relate to devolved matters, are minor or technical and uncontroversial (e.g. powers for Scottish Ministers to vary the functions of the Central Council for Education and Training in Social Work). 5. Where the breadth of the powers of the Scottish Parliament and/or Scottish Ministers would be enhanced in a manner that could not be achieved unilaterally through an Act of the Scottish Parliament (e.g. conferral of functions in relation to railways).