The Bill was created for three main reasons.
It aims to embed reforms in Scotland’s public services. The reforms in the Bill were needed to respond to the Coronavirus pandemic. However, they have delivered improvements for service users and improved efficiency. The Scottish Government views these reforms as beneficial beyond the pandemic.
The Bill will also give Scottish Ministers powers to allow them to build resilience against future public health threats.
The Coronavirus pandemic has had an impact on Scotland’s justice system. The Bill seeks to support the system by extending some temporary changes to the justice system because of the impact of the pandemic. For example, these will help to address backlogs that have built-up.
This is a Government bill
The Bill became an Act on 10 August 2022
This Bill was passed and is now an Act of the Scottish Parliament.
The Bill is split into 6 Parts:
Part 1 creates new powers to respond to public health emergencies. The powers are similar to powers that Scottish Ministers already have on a temporary basis to respond to the Coronavirus pandemic. For example, these powers have been used at times to impose “lockdown” restrictions. The new powers will apply to any future public health emergencies.
Part 2 also creates new powers to help Scottish Ministers respond to public health emergencies. In this Part the powers relate specifically to educational establishments such as schools, colleges and universities. They also relate to school boarding and student accommodation. As an example, this power could be used to restrict access to schools due to a public health emergency.
Part 3 makes changes to a number of services. The majority of these relate to communicating electronically. This includes provisions about holding virtual meetings and signing documents electronically. For example, registering births and deaths would no longer have to be done in person, though it still could be. Most of the changes that are now being made permanent are similar to provisions made in previous pieces of Coronavirus legislation.
Part 4 relates to eviction from properties in the private rented sector. Currently some circumstances result in tribunals having to grant an eviction. The Bill will change this. It proposes that, in relation to the tenancy types set out in the Bill, a tribunal will not have to automatically evict people. The tribunal will, however, still be able to grant an eviction if it considers it reasonable. Part 4 also sets up a “pre-action protocol”. This protocol is something landlords can follow before starting eviction proceedings. Whether landlords have or have not followed this protocol will be considered by a tribunal in deciding whether to order an eviction in cases where late or non-payment of rent is the reason why the landlord is seeking an eviction.
Part 5 (and the Bill’s schedule) continues some of the changes to the justice system brought in during the pandemic. These are currently set to expire on 31 March 2022, but that can be extended with Parliamentary approval to 30 September 2022. This Bill will continue these measures until November 2023. The Bill also grants Scottish Ministers the power to extend this, using regulations, to November 2024 and beyond to November 2025.
Part 6 sets out when the Bill would come into force and what its short title would be. It also gives a power to Scottish Ministers to make small changes to give effect to the Bill.
The Bill was created for three main reasons.
It aims to embed reforms in Scotland’s public services. The reforms in the Bill were needed to respond to the Coronavirus pandemic. However, they have delivered improvements for service users and improved efficiency. The Scottish Government views these reforms as beneficial beyond the pandemic.
The Bill will also give Scottish Ministers powers to allow them to build resilience against future public health threats.
The Coronavirus pandemic has had an impact on Scotland’s justice system. The Bill seeks to support the system by extending some temporary changes to the justice system because of the impact of the pandemic. For example, these will help to address backlogs that have built-up.
Coronavirus (Recovery and Reform) (Scotland) Bill as introduced (4MB, pdf) posted 02 February 2022
Explanatory Notes (333KB, pdf) posted 25 January 2022
Policy Memorandum (650KB, pdf) posted 25 January 2022
Financial Memorandum (377KB, pdf) posted 25 January 2022
Delegated Powers Memorandum (174KB, pdf) posted 25 January 2022
Statements on legislative competence (89KB, pdf) posted 25 January 2022
Explanatory Notes (458KB, pdf) posted 25 January 2022
Policy Memorandum (783KB, pdf) posted 25 January 2022
Financial Memorandum (392KB, pdf) posted 25 January 2022
Delegated Powers Memorandum (271KB, pdf) posted 25 January 2022
Statements on legislative competence (140KB, pdf) posted 25 January 2022
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
This Bill requires Crown consent. It is expected that this consent will be signified at Stage 3.
Crown consent is a process which requires Scottish Government ministers to seek the consent of the Crown in relation to certain Bills. You can find out more in About Bills.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
The Bill was introduced on 25 January 2022
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the COVID-19 Recovery Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The COVID-19 Recovery Committee held a call for views to help inform its examination of the Bill.
You could share your views in one of the following ways:
The call for views closed on 25 February 2022.
Police Scotland's Response Coronavirus Recovery Bill Response to the Criminal Justice Committee’s Stage 1 of the Coronavirus (Recovery and Reform) (Scotland) Bill
Letter from the Deputy First Minister and Cabinet Secretary for Covid Recovery to the Convener, Criminal, 9 May 2022
Follow up to an evidence session on the Coronavirus (Recovery and Reform) (Scotland) Bill
Letter from Deputy First Minister and Cabinet Secretary for COVID Recovery, Scottish Government to the Convener, 8 April 2022
Letter from the Criminal Justice Committee regarding its scrutiny of the Coronavirus (Recovery and Reform) (Scotland) Bill
See a full list of Stage 1 correspondence for this committee
Comparisons of the provisions in Part 1, Chapter 1 with the emergency legislation and English and Welsh legislation (255KB, pdf) posted 20 April 2022
The COVID-19 Recovery Committee published its report on 22 April 2022.
Coronavirus (Recovery and Reform) (Scotland) Bill Stage 1 Report
The committee received the following response to its report:
Letter from the Deputy First Minister and Cabinet Secretary for Covid Recovery
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
Read the Official Report of the meeting
The Local Government, Housing and Planning Committee published its report on 20 April 2022.
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
The Delegated Powers and Law Reform Committee published its report on 29 March 2022.
The Education, Children and Young People Committee published its report on 1 April 2022.
A Stage 1 debate took place on 12 May 2022 to consider and decide on the general principles of the Bill.
Result 65 for, 53 against, 0 abstained, 11 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 1 on 12 May 2022
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Parliament agreed that Stage 2 proceedings for the Bill will be split between the COVID-19 Recovery Committee and the Criminal Justice Committee, as set out in motion S6M-04477.
Parliament agreed that consideration of the Coronavirus (Recovery and Reform) (Scotland) Bill at Stage 2 be completed by 14 June 2022.
Documents with the amendments considered at the meeting held on 8 June 2022:
Marshalled List of amendments for Stage 2 (484KB, pdf) posted 01 June 2022
Groupings of amendments for Stage 2 (474KB, pdf) posted 06 June 2022
Read the agenda, papers and minutes for this meeting
Documents with the amendments considered at the meeting held on 9 June 2022:
Marshalled List of amendments for Stage 2 (457KB, pdf) posted 06 June 2022
Groupings of amendments for Stage 2 (1MB, pdf) posted 06 June 2022
Read the agenda, papers and minutes for this meeting
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
The Delegated Powers and Law Reform Committee published its report on the Bill after Stage 2 on 24 June 2022.
Revised Explanatory Notes (675KB, pdf) posted 29 June 2022
Supplementary Delegated Powers Memorandum (132KB, pdf) posted 27 June 2022
Revised Explanatory Notes (712KB, pdf) posted 20 June 2022
Supplementary Delegated Powers Memorandum (186KB, pdf) posted 17 June 2022
The Bill ended Stage 2 on 9 June 2022
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at the meeting held on 28 June 2022:
Marshalled List of amendments for Stage 3 (788KB, pdf) posted 22 June 2022
Timed Groupings of amendments for Stage 3 (842KB, pdf) posted 27 June 2022
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
Coronavirus (Recovery and Reform) (Scotland) Bill as passed (4MB, pdf) posted 29 June 2022
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 66 for, 52 against, 0 abstained, 11 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 3 on 28 June 2022
The Bill was passed on 28 June 2022 and became an Act on 10 August 2022.