Programme for Government 2021 to 2022

The Legislative Programme 2021‑22

The Scottish Government's legislative programme will deliver some key elements of the Programme for Government.

Three Bills have already been introduced to the Scottish Parliament following the election. The Coronavirus (Extension and Expiry) (Scotland) Act extends certain provisions of the two Scottish Coronavirus Acts beyond September 2021 which are considered necessary to deal with the ongoing impacts of the pandemic and to expire provisions no longer considered to be necessary. The Carer's Allowance Supplement (Scotland) Bill provides for a doubling of the scheduled Carers' Allowance Supplement in December 2021, and allow for future increases of the Supplement to be made through regulations. The Transvaginal Mesh Removal (Cost Reimbursement) (Scotland) Bill will enable the Scottish Ministers to make a scheme to make payments to reimburse persons who have entered into arrangements privately and have paid to have transvaginal mesh removed from their body.

The Scottish Government intends to introduce a further 12 Bills over the course of the parliamentary year. This includes the National Care Services Bill which will oversee the delivery of care, improved standards, ensure enhanced pay and provide better support for unpaid carers. Legislation will be brought forward to reform how remand is used and how release mechanisms work for certain prisoners in a Bail and Release from Custody Bill. A Fireworks and Pyrotechnics Bill will be introduced to ensure fireworks are used safely and appropriately while also addressing the misuse of pyrotechnics. The Miners' Strike Pardon Bill will provide a pardon to miners convicted of certain offences relating to the miners' strike of 1984‑85. The Scottish Government will also bring forward the Fox Control Bill, Gender Recognition Reform Bill, Good Food Nation Bill and Moveable Transactions Bill which were temporarily paused in the last parliamentary session as a consequence of the COVID‑19 pandemic. The Government is consulting on what further legislation is needed to support recovery from the pandemic and will bring forward a COVID Recovery Bill in the first year of Parliament to deliver on aspects of that.

Bill Summaries

Bills for Introduction

Annual Budget (No.1) Bill

The annual Budget Bill provides parliamentary approval for the Scottish Government's spending plans, allocates resources to strategic objectives and supports progress towards the vision of a more successful country through increasing inclusive and sustainable economic growth and improving wellbeing.

Bail and Release from Custody Bill

To reform how decisions are made in relation to the use of bail and remand and adjust certain release arrangements for individuals in custody. In relation to bail and remand reforms, the intention is to refocus how custody is used, especially for those who pose little or no risk to public safety. The Bill will also include reforms to support release arrangements, with a focus on enabling reintegration into the community.

Coronavirus (Compensation for Self‑isolation) Bill

To maintain the modification of the duty on Health Boards to compensate people who are asked by the health board to voluntarily quarantine, or limit their movements or activities for COVID‑19 related reasons. The provisions that require compensation to be paid in such circumstances were not designed for an emergency pandemic scenario on the scale of COVID‑19 and alternative financial support has been put in place for people who self‑isolate.

Covid Recovery Bill

To make public health, public services and justice system reforms that support recovery, build resilience against future public health threats and maintain tangible benefits of modernisations and practices adopted during the pandemic.

Fireworks and Pyrotechnics Bill

To introduce changes to how fireworks can be used and sold in Scotland, and to address the misuse of pyrotechnics. The purpose of the Bill is to implement the recommendations made by the independent Firework Review Group; and to implement new provisions on carrying a pyrotechnic device in a public place without reasonable excuse or lawful authority and associated police stop and search powers.

Fox Control Bill

To strengthen the law relating to the use of dogs to hunt and flush foxes and other wild mammals. It will implement the majority of the recommendations of the independent report on the Protection of Wild Mammals (Scotland) Act 2002 (the 'Bonomy review') and introduce further measures such as preventing trail hunting.

Gender Recognition Bill

The Bill will reform the Gender Recognition Act 2004 to provide a more streamlined process for trans men and women applying for legal gender recognition. Applications would be made to the Registrar General for Scotland instead of the Gender Recognition Panel, a UK tribunal. Applicants would make a statutory declaration that they have lived in the acquired gender for a minimum of 3 months before applying and that they intend to live permanently in their acquired gender. An application could then be determined by the Registrar General after a 3 month reflection period.

Good Food Nation Bill

The Bill will introduce a statutory requirement for the Scottish Ministers and specified public authorities to publish statements setting out the main outcomes they want to achieve in relation to food‑related issues, the policies needed to do this and the indicators or other measures required to assess progress. This will underpin the work we are carrying out as part of the Good Food Nation programme of measures.

Miners' Strike Pardon Bill

The Bill makes legislative provision for the granting of a collective pardon to miners convicted of certain offences relating to the miners' strike of 1984‑85.

Moveable Transactions Bill

To implement a Scottish Law Commission Report on Moveable Transactions. The Bill would make various types of commercial transactions more efficient, less expensive and less complicated, leading to greater access to finance for businesses in Scotland. In addition to the introduction of a Moveable Transactions Bill in the first year of the Parliament, the Government is also giving consideration to a longer‑term programme of implementation of Scottish Law Commission Reports to be introduced during this Parliament, such as Trusts, Judicial Factors, Contract law, Title Conditions, Cohabitation and Damages for Personal Injury.

National Care Service Bill

Following the recommendations of the Independent Review of Adult Social Care, the Bill will make the Scottish Ministers accountable for social care. A National Care Service will oversee local delivery of community health and social care, ensuring consistent and high standards and embedding the principles of fair work for care workers. The Bill will also reform access to care and support and provide better support for unpaid carers.

Non‑Domestic Rates COVID‑19 Appeals Bill

The Bill will prevent the inappropriate use of material change of circumstances provisions in the non‑domestic rates legislation in relation to COVID‑19, or COVID‑19 restrictions. Ruling out COVID‑19 appeals will ensure that the limited public resources that are available are efficiently targeted to support the most affected businesses and sectors in the recovery period.

Bills continuing their Parliamentary Scrutiny

Carer's Allowance Supplement Bill

To provide for a doubling of the scheduled Carers' Allowance Supplement in December 2021, and allow for future increases of the Supplement to be made through regulations.

Transvaginal Mesh Removal (Cost Reimbursement) (Scotland) Bill

A Bill to give power to the Scottish Ministers to make a scheme to make payments to reimburse persons who have entered into arrangements privately and have paid to have transvaginal mesh removed from their body, in relation to the costs of removal surgery and also reasonable connected expenses.