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The Construction Act applies in Scotland and the legislation is devolved to the Scottish Parliament. To support consistency of content and timing for the construction industry across the UK, the Scottish Government has continued to work with BERR and the other devolved administrations.
The responses and subsequent analysis of the consultations issued in 2007 by BERR and the Scottish Government have informed the development of draft Bill Clauses which BERR have published for technical scrutiny.
The Cabinet Office's current consultation on the UK Government's draft legislative programme for 2008/09 - Preparing Britain for the Future - indicates the UK Government's intention to introduce the provisions to amend the Construction Act as part of the Community, Empowerment, Housing and Economic Regeneration Bill.
Scottish Ministers have confirmed their agreement in principle, to the extension of the Construction Act amendments to Scotland. In accordance with the Sewel Convention the Scottish Ministers will seek the consent of the Scottish Parliament by means of a Legislative Consent Motion to extend to Scotland the Construction Act provisions to be included in the Community, Empowerment, Housing and Economic Regeneration Bill.
BERR have published the draft Bill Clauses and an Explanatory Note which can be found at http://www.berr.gov.uk/sectors/construction/constructionact/page13956.html
In anticipation of the consent of the Scottish Parliament to a Legislative Consent Motion the draft Bill Clauses also extend to Scotland and include a Scottish only provision for a slip rule to enable the correction of errors in an adjudicator's decision.
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