Scotland to consult on social security audit powers
From 15 December 2025, Scottish Ministers can begin a public consultation on proposed information‑request powers to audit Scotland’s social security system. This is set up by the Social Security (Amendment) (Scotland) Act 2025 (Commencement No. 2) Regulations 2025, signed on 26 November, laid on 1 December, and commenced solely to enable that consultation, as recorded on legislation.gov.uk.
If you teach public law-or you’re learning it-the simplest way to read this is: an Act sets the plan; commencement regulations switch parts on when the government is ready. Section 27 of the 2025 Act says most provisions start on a date appointed by Ministers in regulations, which is why we now see a “Commencement No. 2” focused just on the consultation step.
What exactly is being consulted? Section 18 of the 2025 Act adds new sections 87B to 87E to the Social Security (Scotland) Act 2018. These would allow Ministers to request information from individuals to audit how the system works overall. Before making detailed rules, Ministers must run a public consultation on which categories of people must not be asked for information-this duty is set out in section 87B(6).
Here’s what changes on 15 December-and what doesn’t. You should not expect information‑request letters to land the next day. The change is simply that Ministers can start the consultation required by law. The broader powers in section 18 will still need a further commencement step (and accompanying regulations) before any requests could be issued.
A quick timeline helps anchor the context. The Act received Royal Assent on 23 January 2025; certain administrative sections started the day after. A first commencement set of regulations then came into force on 10 May 2025 to start other parts of the Act. These new “Commencement No. 2” regulations are the next stage, focused purely on consultation.
If you’re mapping the process for a class, here’s the usual flow in devolved legislation. The Scottish Government publishes a consultation paper, invites responses for several weeks, and later publishes an analysis. Committees and independent scrutineers can weigh in. In social security, the Scottish Commission on Social Security (SCoSS) often scrutinises draft regulations-and its remit was extended by the 2025 Act to strengthen this role, according to SCoSS.
Safeguards are built into the new package. There is a right to ask Ministers to withdraw an information request if you have a good reason (section 87C), and a right to independent advocacy if, because of a disability, you need an advocate’s help to engage with the process (section 87E). Ministers must also consult publicly on categories of people who must not be asked for information at all, before any rules are made (section 87B(6)).
Why audit the system at all? The Scottish Government frames the 2025 Act as improving people’s experience and delivering value for money across social security-goals that system‑wide auditing is meant to support. Think of this as checking how the whole machine runs, not re‑deciding a single case.
Teacher note: when you show students the primary source, compare the short regulation text with its Explanatory Note on legislation.gov.uk. The note confirms section 18 is commenced on 15 December only so the required public consultation under section 87B(6) can happen. That single line shows how powers are staged in practice.
What to watch next: a consultation paper should follow, inviting views on who should never be asked for audit information and how any request process would work. After that, expect another commencement regulation to activate the remainder of section 18. We’ll cover the consultation when it opens so you can plan a lesson or submit a response.