Social Security (Scotland) Act 2018

Last updated

Social Security (Scotland) Act 2018
Act of the Scottish Parliament
Royal Coat of Arms of the United Kingdom (Scotland).svg
Long title An Act of the Scottish Parliament making provision about social security.
Introduced by Angela Constance MSP
Territorial extent Scotland
Dates
Royal assent 1 June 2018
Other legislation
Relates to Scotland Act 2016
Status: Current legislation

The Social Security (Scotland) Act 2018 is an Act of the Scottish Parliament to allow for the devolution of aspects of the social security system to the Scottish Parliament as part of the devolution settlement agreed by the Smith Commission after the independence referendum in 2014.

The Smith Commission was announced by Prime Minister David Cameron on 19 September 2014 in the wake of the 'No' vote in the 2014 Scottish independence referendum. The establishment of the commission was part of the process of fulfilling The Vow made by the leaders of the three main unionist parties during the last days of the referendum campaign. The Vow promised the devolution of more powers from the Parliament of the United Kingdom to the Scottish Parliament in the event of a No vote.

2014 Scottish independence referendum vote on the independence of one of the constituent UK countries

A referendum took place on Thursday 18 September 2014 on Scottish independence from the United Kingdom. The referendum question was, "Should Scotland be an independent country?", which voters answered with "Yes" or "No". The "No" side won with 2,001,926 (55.3%) voting against independence and 1,617,989 (44.7%) voting in favour. The turnout of 84.6% was the highest recorded for an election or referendum in the United Kingdom since the January 1910 general election, which was held before the introduction of universal suffrage.

This Act provides for the establishment of the agency to provide social security payments, known as Social Security Scotland.

Social Security Scotland executive agency of the Scottish Government with responsibility for social security provision

Social Security Scotland is an executive agency of the Scottish Government with responsibility for social security provision.

The Act passed the third and final legislative stage on 25 April 2018, and received royal assent on 1 June 2018.

Related Research Articles

Scottish Parliament Devolved parliament of Scotland

The Scottish Parliament is the unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyrood.

Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. It is a form of administrative decentralization. Devolved territories have the power to make legislation relevant to the area and thus granting them a higher level of autonomy.

Scotland Act 1998 United Kingdom legislation

The Scotland Act 1998(c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government. It is one of the most significant constitutional pieces of legislation to be passed by the UK Parliament since the European Communities Act 1972 and is the most significant piece of legislation to affect Scotland since the Acts of Union in 1707 which ratified the Treaty of Union and led to the disbandment of the Parliament of Scotland.

Legislative consent motion

A Legislative Consent Motion is a motion passed by either the Scottish Parliament, Welsh Assembly, or Northern Ireland Assembly, in which it agrees that the Parliament of the United Kingdom may pass legislation on a devolved issue over which the devolved body has regular legislative authority.

Scotland is a country which is currently in a political union with the rest of the United Kingdom. Having been directly governed by the UK Government since 1707, a system of devolution was established in 1999, after the Scottish people voted by a firm majority to re-establish a primary law making Scottish Parliament in a referendum held in 1997.

The Scottish Government is the executive in Scotland for areas of public policy which are not reserved. The government was established in 1999 as the Scottish Executive under the Scotland Act 1998, which created a devolved administration for Scotland in line with the result of the 1997 referendum on Scottish devolution. Following increasing use of the name "government" in place of "executive" during the first decade of the 21st century, its name was formally changed in law to Scottish Government by the Scotland Act 2012.

Secretary of State for Health and Social Care United Kingdom government cabinet minister

Her Majesty's Principal Secretary of State for Health and Social Care is a British cabinet position serving as head of the Department of Health and Social Care and holds responsibility for the National Health Service (NHS). Since devolution in 1999, the position holder's responsibility for the NHS is mainly restricted to the health service in England, with the holder's counterparts in Scotland and Wales responsible for the NHS in Scotland and Wales. Prior to devolution, the Secretaries of State for Scotland and Wales had those respective responsibilities, but the Department of Health had a larger role than now in the co-ordination of health policy across Great Britain. Health services in Northern Ireland have always had separate arrangements from the rest of the UK, and are currently the responsibility of the Health Minister in the Northern Ireland Executive.

1997 Scottish devolution referendum

The Scottish devolution referendum of 1997 was a pre-legislative referendum held in Scotland on 11 September 1997 over whether there was support for the creation of a Scottish Parliament with devolved powers, and whether the Parliament should have tax-varying powers. The result was "Yes–Yes": a majority voted in favour of both proposals, and the Parliament was established following an election in 1999. Turnout for the referendum was 60.4%.

1979 Scottish devolution referendum

The Scottish referendum of 1979 was a post-legislative referendum to decide whether there was sufficient support for a Scottish Assembly proposed in the Scotland Act 1978 among the Scottish electorate. This was an act to create a devolved deliberative assembly for Scotland. An amendment to the Act stipulated that it would be repealed if less than 40% of the total electorate voted "Yes" in the referendum. The result was that 51.6% supported the proposal, but with a turnout of 64%, this represented only 32.9% of the registered electorate. The Act was subsequently repealed. A second referendum to create a devolved legislature in Scotland was held in 1997 under a newly elected Labour government, which led to the enactment of the Scotland Act 1998 and the creation of a devolved Scottish Parliament in 1999.

A devolved English parliament or assembly is a proposed institution that would give separate decision-making powers to representatives for voters in England, similar to the representation given by the National Assembly for Wales, Scottish Parliament and the Northern Ireland Assembly. A devolved English parliament is an issue in the politics of the United Kingdom.

Reserved and excepted matters

In the United Kingdom reserved matters and excepted matters are the areas of public policy where the UK Parliament has retained the exclusive power (jurisdiction) to make laws (legislate) in Scotland, Wales and Northern Ireland.

Cabinet Secretary for Justice portfolio in the Scottish Government

The Cabinet Secretary for Justice, commonly referred to as the Justice Secretary, is a position in the Scottish Government Cabinet. The Cabinet Secretary has overall responsibility for law and order in Scotland. The Cabinet Secretary is assisted by the Minister for Community Safety and Legal Affairs.

George Cunningham was a British politician.

Countries of the United Kingdom The four countries of England, Scotland, Wales and Northern Ireland, which make up the United Kingdom

The United Kingdom (UK) comprises four countries: England, Scotland, and Wales and Northern Ireland.

The decision of the Parliament of Scotland to ratify the Treaty of Union in 1707 was not unanimous and, from that time, individuals and organisations have advocated the reinstatement of a Scottish Parliament. Some have argued for devolution – a Scottish Parliament within the United Kingdom – while others have advocated complete independence. The people of Scotland first got the opportunity to vote in a referendum on proposals for devolution in 1979 and, although a majority of those voting voted 'Yes', the referendum legislation also required 40% of the electorate to vote 'Yes' for the plans to be enacted and this was not achieved. A second referendum opportunity in 1997, this time on a strong proposal, resulted in an overwhelming 'Yes' victory, leading to the Scotland Act 1998 being passed and the Scottish Parliament being established in 1999.

Devolution in the United Kingdom Granting Parliamentary powers to England, Wales, Scotland and Northern Ireland

In the United Kingdom, devolution is the statutory granting of powers from the Parliament of the United Kingdom to the Scottish Parliament, the National Assembly for Wales, the Northern Ireland Assembly and the London Assembly and to their associated executive bodies the Scottish Government, the Welsh Government, the Northern Ireland Executive and in England, the Greater London Authority and combined authorities.

Act of Adjournal

An Act of Adjournal is secondary legislation made by the High Court of Justiciary, the supreme criminal court of Scotland, to regulate the proceedings of Scottish courts hearing criminal matters. Now primarily derived from the Criminal Procedure (Scotland) Act 1995, the original power to create Acts of Adjournal is derived from an Act of the Parliament of Scotland of 1672. Before promulgation, Acts of Adjournal are reviewed and may be commented upon by the Criminal Courts Rules Council.

Cabinet Secretary for Communities and Local Government Scottish Cabinet position

The Cabinet Secretary for Communities and Local Government is a position in the Scottish Government Cabinet. The Cabinet Secretary has overall responsibility for local government, community planning, housing, welfare, the third sector. The Cabinet Secretary is assisted by a junior Minister, the Minister for Local Government, Housing and Planning. The role also formerly had responsibility for social security, with the Minister for Social Security being a junior minister supporting the cabinet secretary, but in June 2018 this position was raised to cabinet, becoming the Cabinet Secretary for Social Security and Older People.

Scotland Act 2016 United Kingdom legislation

The Scotland Act 2016 is an act of the Parliament of the United Kingdom. It sets out amendments to the Scotland Act 1998 and devolves further powers to Scotland. The legislation is based on recommendations given by the report of the Smith Commission, which was established on 19 September 2014 in the wake of the Scottish independence referendum.