The Draft Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2024 - draft

Footnotes

(1) 2018 asp 9 ("the 2018 Act"). Schedules 5, 10 and 11 of the 2018 Act, respectively make provision about the exercise of powers under sections 31, 36 and 51. Section 51 of the 2018 Act was amended by section 12(2) of the Social Security and Tribunal Membership (Scotland) Act 2020 ("the 2020 Act"). Schedule 5 of the 2018 Act was amended by sections 11(2)(a) and 13(3) of the 2020 Act. Schedule 11 of the 2018 Act was inserted by section 12(4) of the 2020 Act. The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act under sections 31, 36 and 51. Section 51 of the 2018 Act was amended by section 12(2) of the Social Security and Tribunal Membership (Scotland) Act 2020 ("the 2020 Act"). Schedule 5 of the 2018 Act was amended by sections 11(2)(a) and 13(3) of the 2020 Act. Schedule 11 of the 2018 Act was inserted by section 12(4) of the 2020 Act. The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act.

(2) S.S.I. 2022/54; relevant amending instruments are S.S.I. 2022/108, S.S.I. 2022/336, S.S.I. 2023/149, S.S.I. 2023/309, S.S.I. 2023/346 and S.S.I. 2024/uprating.

(3) S.I. 2011/517; relevant amending instruments are S.I. 2013/436, S.I. 2017/247 and S.I. 2023/323.

(4) 1992 c.4; section 64 was amended by section 66(1) of the Welfare Reform and Pensions Act 1999 (c.30), paragraph 41 of schedule 1 of the Pensions Act 2007 (c. 22), paragraph 5(2) and 5(3) of schedule 9 of the Welfare Reform Act 2012 (c. 5) and S.I. 2022/335.

(5) 1992 c.7; section 64 was amended by paragraph 38 of schedule 1 of the Pensions Act (Northern Ireland) 2008 (c.1), S.I. 1999/3147 and S.I. 2015/2006.

(6) 2010 asp 8.

(7) Section 71 was amended by section 67(1) of the Welfare Reform and Pensions Act 1999 (c.30), S.I. 2021/804 and S.I. 2022/335.

(8) Section 71 was amended by S.I. 1999/3147.

(9) 1971 c.77

(10) 1995 c.46; section 295 was amended by section 24(2) of the Criminal Justice (Scotland) Act 2003 (asp 7).

(11) S.S.I. 2024/PADP Regs to be laid.

(12) 2012 c.5; part 4 was amended by section 1(2) of the Social Security (Special Rules for End of Life) Act 2022 c.42, S.I. 2018/1084, S.I. 2021/804 and S.I. 2022/335.

(13) S.I. 2015/2006.

(14) 1995 c. 26. Paragraph 1 of schedule 4 was amended by paragraph 39 of schedule 2 of the State Pension Credit Act 2002 (c. 16), paragraph 13 of schedule 3 of the Welfare Reform Act 2007 (c. 5), paragraph 4 of schedule 3 of the Pensions Act 2007 (c. 22), section 1 of the Pensions Act 2011 (c. 19) and section 26 and paragraph 30 of schedule 12 of the Pensions Act 2014 (c. 19).

(15) OJ L 28, 30.1.1995, p.1.

(16) OJ L 166, 30.2.2004, p.1.

(17) S.I. 1974/555.

(18) 2018 c.16; section 3 was amended by section 25(2) of European Union (Withdrawal Agreement) Act 2020 (c.1).

(19) 1992 c.4; section 71 was relevantly amended by S.I. 2021/804 and S.I. 2022/335.

(20) Section 72 was relevantly amended by section 67(2) of the Welfare Reform and Pensions Act 1999 (c.30) and section 52(4) of the Welfare Reform Act 2007 (c.5).

(21) 1992 c.4; section 71 was relevantly amended by S.I. 2021/804 and S.I. 2022/335.

(22) S.I. 1987/1968.

(23) 2018 asp 9; section 85B was inserted by section 2(4) of the Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18).

(24) 1999 c.33.

(25) 1971 c.77.

(26) 2019 CP 49.

(27) OJ C 202, 7.6.2016, p146.

(28) Published at https://www.gov.uk/guidance/afghan-citizens-resettlement-scheme.

(29) S.S.I. 2009/210.

(30) 2014 asp 8.

(31) 2010 c.25.

(32) 2006 c.52. Section 374 was relevantly amended by section 44(3) of the Defence Reform Act 2014 (c.20).

(33) 1965 c.51.

(34) 1975 c.14

(35) 1992 c.4.

(36) Section 120 was relevantly amended by paragraph 30 of schedule 4 of the Petroleum Act 1998 (c. 17), paragraph 26 of schedule 3 and paragraph 8 of schedule 7 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), paragraph 70 of schedule 7 of the Social Security Act 1998 (c. 14) and sections 12(2) to (4) of the National Insurance Contributions Act 2014 (c. 7).

(37) 2020 c.1.

(38) S,I, 1974/555.

(39) Command Paper 2073 and OJ L 1, 3.1.1994, p. 3.

(40) Command Paper 2183 and OJ L 1, 3.1.1994, p. 572.

(41) 2018 asp 9.

(42) 1992 c.4; section 71 was relevantly amended by S.I. 2021/804 and S.I. 2022/335.

(43) 1978 c.29.

(44) 2006 c.41.

(45) 2006 c.42.

(46) S.I. 1972/1265.

(47) Section 108(1) was relevantly amended by paragraph 6(a) of schedule 6 of the Health Services Act 1980 (c. 53) and paragraph 19(22)(b) of schedule 9 of the National Health Service and Community Care Act 1990 (c. 19).

(48) Section 275 was relevantly amended by paragraph 138(2)(b) of schedule 4(12) of the Health and Social Care Act 2012 (c. 7).

(49) S.I. 1991/194.

(50) S.S.I. 2022/54; relevant amending instruments are S.S.I. 2022/217 and S.S.I. 2023/346.

(51) S.S.I. 2024/XXX.

(52) S.I. 1991/2890, as relevantly amended by S.I. 1993/1939 and S.I. 1999/2860.

(53) S.I. 2013/387.

(54) S.S.I. 2022/217; relevantly amended by S.S.I. 2023/346 and 2024/uprating.

(55) S.S.I. 2022/54; relevant amending instruments are S.S.I. 2022/217 and S.S.I. 2023/346.

(56) S.S.I. 2024/XXX.

(57) 2006 c. 41.

(58) 2006 c. 42.

(59) 1978 c. 29.

(60) S.I. 1972/1265 (N.I. 14) as amended by …. S.I. 1999/11.

(61) S.I. 1991/194 as amended by ,,,

(62) The Defence Council was established by section 1 of the Defence (Transfer of Functions) Act 1964 (c. 15).

(63) 1983 c.20.

(64) 2003 asp 13; section 136 has been amended by sections 12(2) and 34(2) of the Mental Health (Scotland) Act 2015 (asp 9).

(65) 1995 c.46. Sections 52D and 52M were inserted by section 130 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) subject to savings and transitional provisions specified in S.S.I. 2005/452. Section 52D was amended by section 40(2)(a)(i) of the Mental Health (Scotland) Act 2015 (asp 9). Section 52 M was amended by section s 38(2)(g), 41(2)(a) and 41(2)(b) of the Mental Health (Scotland) Act 2015.

(66) 1978 c. 29; section 108(1) was relevantly amended by paragraph 6(a) of schedule 6 of the Health Services Act 1980 (c. 53) and paragraph 19(22)(b) of schedule 9 of the National Health Service and Community Care Act 1990 (c. 19).

(67) 2006 c. 41. section 275 was relevantly amended by paragraph 138(2)(b) of schedule 4(12) of the Health and Social Care Act 2012 (c. 7).

(68) 2006 c. 42.

(69) 1992 c. 4.

(70) 1992 c.7.

(71) S,I, 2006/06.

(72) S.I. 1983/883.

(73) S.I 1983/686.

(74) S.I. 1964/1985.

(75) S.I. 1964/2007.

(76) S.I. 1964/2058.

(77) Cmnd. 2563, as amended by Cmnd. 5118, S.I. 1989/1335, S.I. 1993/597 and S.I. 1994/771.

(78) Cmnd. 2564, as amended by Cmnd. 5119, S.I. 1989/1335, S.I. 1993/597 and S.I. 1994/771.

(79) Cmnd.4567, as amended by Cmnd.5421, S.I.1988/1843, Cmnd.5120, S.I. 1993/597 and S.I.1994/773.

(80) 2018 asp 9. Section 54(A1) was inserted by section 12(3)(b) of the Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18).

(81) Section 85B was inserted by section 2(4) of the Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18).

(82) Section 54(1) was amended by section 12(3)(a) of the Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18).

(83) Section 54(2) was amended by section 12(3)(c) of the Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18).

(84) 1992 c.4; section 71 was relevantly amended by S.I. 2021/804 and S.I. 2022/335.

(85) 2018 asp 9.

(86) S.I 1999/991; regulation 3 was amended by S.I. 1999/1623, S.I. 1999/1662, S.I. 1999/2570, S.I. 1999/2677, S.I. 2000/897, S.I. 2002/428, S.I. 2002/1379, S.I. 2002/1703, S.I. 2003/916, S.I. 2003/1050, S.I. 2003/1886, S.I. 2005/337, S.I. 2005/2677, S.I. 2006/832, S.I. 2007/2470, S.I. 2007/2582, S.I. 2008/1554, S.I. 2008/2667, S.I. 2008/2683, S.I. 2009/659, S.I. 2009/1490, S.I. 2010/840, S.I. 2010/1160, S.I. 2011/2425, S.I. 2012/824, S.I. 2012/913, S.I. 2012/919, S.I. 2012/2568, S.I. 2012/2575, S.I. 2013/2380, 2014/1097, S.I. 2015/339, S.I. 2015/1985, S.I. 2016/1145, S.I. 2017/422 and S.I. 2017/1015.

(87) Regulation 6 was amended by S.I. 1999/1623, S.I. 1999/2677, S.I. 2000/897, S.I. 2000/1596, S.I. 2001/1711, S.I. 2002/428, S.I. 2002/490, S.I. 2002/3019, S.I. 2003/1050, S.I. 2003/1886, S.I. 2003/2274, S.I. 2004/959, S.I. 2005/337, S.I. 2005/2677, S.I. 2008/1554, S.I. 2008/2667, S.I. 2008/2683, S.I. 2010/424, S.I. 2010/563, S.I. 2010/840, S.I. 2010/1160, S.I. 2012/1267, S.I. 2012/2568, S.I. 2014/1097, S.I. 2015/1985 and S.I. 2016/1145.

(88) 1998 c. 14. Section 12 was amended by paragraph 25 of schedule 7 and paragraph 1 of schedule 10 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), S.I. 2008/2833, sections 102 and 105 of the Welfare Reform Act 2012 (c. 5) and S.I. 2014/886.

(89) Section 13 was amended by paragraph 1 of schedule 10 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and S.I. 2008/2833.

(90) Section 14 was amended by paragraph 1 of schedule 10 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and S.I. 2008/2833.

(91) S.I. 1998/1506 (N.1. 10). Article 10 was amended by S.I. 2015/2006.

(92) Article 11 was amended by S.I. 1999/671 and S.I. 2015/2006.

(93) Article 13 was amended by S.I. 1999/671, S.I. 2014/886 and 2015/2006.

(94) Article 15 was amended by paragraph 22(1) of schedule 7 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) and S.I. 1999/671.

(95) 2014 asp 10.

(96) S.S.I. 2022/54; relevant amending instruments are S.S.I. 2022/108, S.S.I. 2022/336, S.S.I. 2023/149, S.S.I. 2023/309, S.S.I. 2023/346 and S.S.I. 2024/uprating.

(97) S.S.I. 2022/217; relevantly amended by S.S.I. 2023/346 and 2024/uprating.

(98) S.S.I. 2021/174; relevantly amended by S.S.I. 2021/320, S.S.I. 2021/416, S.S.I. 2022/31, S.S.I. 2022/41, S.S.I. 2022/108, S.S.I. 2022/207, S.S.I. 2022/336, S.S.I. 2023/149, S.S.I.2023/309, S.S.I. 2023/346 and S.S.I. 2024/uprating.

(99) 2014 asp 10.

(100) S.S.I. 2024/new Regs.

(101) 2014 asp 10.

(102) S.S.I. 2022/54; relevant amending instruments are S.S.I. 2022/108, S.S.I. 2022/336, S.S.I. 2023/149, S.S.I. 2023/309, S.S.I. 2023/346 and S.S.I. 2024/uprating.

(103) 2014 asp 10.

(104) 2014 asp 10.