Moved by
Lord Newby
68F: After Clause 150, insert the following new Clause—
“Power to make regulations to be exercisable by the Treasury or Scottish Ministers
(1) The power to make regulations under section 149(1) is exercisable—
(a) by the Scottish Ministers in relation to payments made by a relevant Scottish authority;
(b) by the Treasury in relation to any other payments,
(but this subsection is subject to subsection (2)).
(2) Where the relevant Scottish authority is the Scottish Administration the power to make regulations under section 149(1) is exercisable by the Treasury (instead of the Scottish Ministers) in relation to payments made to—
(a) the holders of offices in the Scottish Administration which are not ministerial offices (read in accordance with section 126(8) of the Scotland Act 1998), and
(b) the members of the staff of the Scottish Administration (read in accordance with section 126(7)(b) of that Act).
(3) In this section “relevant Scottish authority” means an authority which wholly or mainly exercises functions which would be within devolved competence (within the meaning of section 54 of the Scotland Act 1998).
(4) Regulations under section 149(1)—
(a) if made by the Treasury, are subject to negative resolution procedure;
(b) if made by the Scottish Ministers, are subject to the negative procedure.”