Meeting of the Parliament 04 February 2026
As I think the member knows, a further process—a section 104 order—would have to be undertaken further down the line. However, in the context of getting the bill into a reasonable place before we get to stage 3, this order is being taken forward, and it applies only in the way that I have outlined.
As I outlined to the Health, Social Care and Sport Committee during Scottish Government evidence on 20 January, although the section 30 order makes the necessary provisions for the Parliament to legislate on the identification and regulation of substances and devices, at this point in time, the bill itself includes provision only for the identification of substances in section 15(8). It would need to be amended to include provision for the identification of devices, mention of which was first introduced at stage 2, and for the regulation of both substances and devices, so there would need to be an amendment introduced at stage 3, which can be done only within the legislative competence that this action provides. It is complicated, as I think that we agree.
The inclusion of provisions around the regulation of substances and devices is to allow the Medicines and Healthcare products Regulatory Agency to have a role in that. Members will note that Kim Leadbeater’s bill also includes provision for that. However, I must be clear that it has not yet been determined exactly what that role would look like. I am conscious of time, Presiding Officer. I will try to get through this.
It must also be noted that the section 30 order goes only some way to resolving the legislative competence issues with the bill, which was Edward Mountain’s point. There will still be a need for a section 104 order or other measures to resolve the remaining issues. The details of what such an order might contain are still being worked through. I note that the Scottish Parliament information centre has produced a useful explainer on this. As members will be aware, a section 104 order is laid only in the UK Parliament after a bill receives royal assent.