Made under the Scotland Act 1998
14 statutory instruments made using powers in the Scotland Act 1998, newest first. Each one is explained section by section in plain English.
The Scottish Administration (Offices) Order 2026
- Made under: Scotland Act 1998
Designated the Clerk and Deputy Clerks of the Sexual Offences Court as non-ministerial office holders within the Scottish Administration.
This Order designates the Clerk and Deputy Clerks of the Sexual Offences Court as non-ministerial offices within the Scottish Administration.
By exercising powers under the Scotland Act 1998, the instrument ensures these newly created positions are legally recognized as part of the Scottish civil service infrastructure, specifically under the Scottish Courts and Tribunals Service. The Order applies to the administrative staff appointed to support the Sexual Offences Court across the United Kingdom.
The Industrial Training Levy (Engineering Construction Industry Training Board) Order 2026
- Department: Department for Work and Pensions
- Made under: Industrial Training Act 1982, Scotland Act 1998
Authorized the Engineering Construction Industry Training Board to impose a training levy on industry employers for the years 2026, 2027, and 2028.
Establishes a statutory levy on employers within the engineering construction industry for three distinct periods covering 2026 through 2028.
It directs the Engineering Construction Industry Training Board to assess and collect payments based on employer emoluments and labor-only contract costs, while providing specific exemptions for small-scale employers and charitable organizations.
The Order applies to all employers engaged wholly or mainly in engineering construction activities in England, Wales, and Scotland.
The Scotland Act 1998 (Increase of Borrowing Limits) Order 2026
- Department: Scotland Office
- Made under: Scotland Act 1998
Raised the statutory resource and capital borrowing limits for the Scottish Government and revoked the previous year's limits.
This Order increases the statutory limits on the amount the Scottish Ministers may borrow for both resource and capital expenditure.
It raises the maximum resource borrowing limit to £1,910.141 million and the capital borrowing limit to £3,274.527 million.
These changes apply to the Scottish Government and the UK Treasury, effective from 30 June 2026.
The Social Security (Scotland) Act 2018 (Disability and Carer Benefits) (Consequential Amendments) Order 2026
- Department: Department for Work and Pensions
- Made under: Scotland Act 1998
Adjusted UK-wide social security and housing benefit regulations to incorporate and recognize specific Scottish disability and carer benefits introduced under devolved legislation.
This Order amends various social security, housing benefit, and decision-making regulations across England, Wales, Scotland, and Northern Ireland to integrate new Scottish disability and carer benefits into the existing UK-wide legal framework.
It updates terminology to include 'carer benefits' alongside disability benefits and ensures that payments such as Carer Support Payment and Pension Age Disability Payment are recognized within the rules for claims, revisions of decisions, and funeral expense deductions.
The Order applies to the Secretary of State for Work and Pensions and relevant social security authorities responsible for administering benefits and the appeals process.
The Industrial Training Levy (Construction Industry Training Board) Order 2026
- Department: Department for Work and Pensions
- Made under: Industrial Training Act 1982, Scotland Act 1998
The Order imposed a levy on construction industry employers for defined levy periods between 2026 and 2028, detailing assessment methods, payment terms, and appeal rights for the Construction Industry Training Board.
The Industrial Training Levy (Construction Industry Training Board) Order 2026 establishes a mandatory levy scheme to fund the expenses of the Construction Industry Training Board (CITB), effective from March 25, 2026, and applicable across England, Wales, and Scotland.
It outlines the specific levy periods (three periods spanning from the commencement date through to March 2028), defines criteria for determining which employers ('construction establishments') are liable based on their engagement duration and financial activities (emoluments and contract payments over defined 'base periods'), and sets out calculation rates (0.35% of emoluments and 1.25% of relevant contract payments).
The Order also details exemptions for organizations below a £150,000 threshold, procedures for assessment notices, payment deadlines, mechanisms for assessment withdrawal or amendment, and the process and time limits for employers to appeal assessments.
The Scotland Act 1998 (Modification of Schedule 5) Order 2026
- Made under: Scotland Act 1998
The Order modified Schedule 5 of the Scotland Act 1998 to grant temporary, restricted competence to the Scottish Parliament regarding assisted dying substances and devices.
This Order, made under the Scotland Act 1998, temporarily modifies Schedule 5, which defines reserved matters, to grant the Scottish Parliament limited legislative competence concerning the identification and regulation of substances and devices used in assisted dying for terminally ill adults.
The legislative power conferred is conditional: Scottish Ministers can identify substances/devices via subordinate legislation only with the Secretary of State’s agreement, while the Secretary of State retains power to regulate those items without Scottish Minister agreement.
These exceptions apply only to Scottish Acts resulting from Bills passed before 7 May 2026, and the Scottish Parliament cannot use this limited power to mandate the content of the regulation or impose duties on the Secretary of State.
The Education (Scotland) Act 2025 (Consequential Provisions and Modifications) Order 2025
- Department: Scotland Office
- Made under: Scotland Act 1998
The Order made consequential provisions and modifications across UK legislation to align with the establishment of Qualifications Scotland and His Majesty’s Chief Inspector of Education in Scotland under the Education (Scotland) Act 2025.
This Order establishes the necessary consequential provisions and modifications to existing legislation following the enactment of the Education (Scotland) Act 2025, providing for the operational continuity of the newly formed Qualifications Scotland and His Majesty’s Chief Inspector of Education in Scotland.
It details the commencement sequence for different parts of the Order, clarifies that Qualifications Scotland's functions can be exercised outside Scotland, ensures transitional provisions cover past actions of the former Scottish Qualifications Authority (SQA), confirms the Chief Inspector's status as part of the Scottish Administration, and systematically repeals or amends numerous UK-wide and devolved statutory instruments to substitute references from the SQA to Qualifications Scotland, ensuring all related legal frameworks, including those concerning welfare, student finance, and professional qualifications, accurately reflect the new institutional arrangements.
The Nuclear Installations (Prescribed Conditions and Excepted Matter) Regulations 2025
- Department: Department for Energy Security and Net Zero
- Made under: Nuclear Installations Act 1965, Scotland Act 1998
The Regulations prescribed conditions for nuclear disposal site exemption from the NTPL regime and amended the 2017 regulations to define disposed matter as excepted matter.
These Regulations establish the necessary technical conditions for certain nuclear installations used for the disposal of nuclear matter to be exempt from the strict liability provisions of the Nuclear Third Party Liability (NTPL) regime established under the Nuclear Installations Act 1965.
The requirements include limiting the effective dose to the public off-site to no more than 1 millisievert and ensuring the risk of criticality on the site is negligible; furthermore, the legislation amends previous regulations to define nuclear matter disposed of on such an exempted site as 'excepted matter,' thereby clarifying liability responsibilities.