Subordinate legislation May 2016 - May 2018

 

Picture of Subordinate Legislation documents

This page provides details of the Scottish Statutory Instruments ("SSIs") the Education and Skills Committee considered in the first two Parliamentary Years (between May 2016 and May 2018).

Further information on how SSIs are progressed in the Scottish Parliament can be found on the Delegated Powers and Law Reform Committee Webpage.

 

Negative Instruments

The Committee considered the following negative instruments:

The Committee considered the above instrument on 24 January 2018 and made no comments on it.

The Committee considered the above instruments on 22 November 2017 and made no comments on them.

The Committee considered the above instruments on 4 October 2017 and made no comments on them.

The Committee wrote the Deputy First Minister regarding the above instruments after its Committee meeting of 28 June 2017. 

The Committee considered these instruments again on 6 September 2017 and made no comments on them.

The Committee considered the instrument again on 26 October 2016 and agreed to make no recommendations in relation to this instrument.

Affirmative Instruments

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2018 (This instrument is linked to the remedial order highlighted below.)  The Committee considered this order on 24 January 2018. The Committee agreed to a motion recommending that the order be approved.

Draft SSI: The Registration of Independent Schools (Prescribed Person) (Scotland) Regulations 2017 Prior to consideration of the draft instrument, the Scottish Council of Independent Schools wrote to the Committee.

The Committee considered this draft SSI on 21 June 2017. The Committee agreed to a motion recommending that the regulations be approved.

Schools (Consultation) (Scotland) Act 2010 (Modification) Regulations 2017 were considered on 22 February 2017.  The Committee agreed to a motion recommending that the regulations be approved.

Continuing Care (Scotland) Amendment Order 2017 was considered on 22 February 2017.  The Committee agreed to a motion recommending that the order be approved.

The Freedom of Information (Scotland) Act 2002 (Time for Compliance) Regulations 2016 were considered on 5 October 2016.  The Committee agreed to a motion recommending that the regulations be approved.

Children and Young People (Scotland) Act 2014 (Part 4 and Part 5 Complaints) Revocation Order 2016 was considered on 14 September 2016.  The Committee agreed to a motion recommending that the order be approved.

Remedial order

Remedial orders allow the Scottish Ministers a remedy to a situation where an Act or instrument, or part thereof, has been found to be incompatible with Convention Rights.

The process of scrutinising remedial orders has two parts.  The first part is a consultation on a proposed draft order.  Once the consultation is complete a draft order is laid and is subject to a similar process to affirmative instruments.

Below is a link to the Scottish Government's consultation on a proposed draft order.  The proposed draft order was laid in the Scottish Parliament on 11 September 2017. 

The Committee received a letter from the Minister for Childcare and Early Years regarding this remedial order.

The consultation period for the proposed draft order closed on 26 November 2017.

The Scottish Government laid a draft order on 15 December 2017.

Code of Practice

A draft Supporting Children’s Learning: Statutory Guidance on the Education (Additional Support for Learning) Scotland Act 2004 (as amended) Code of Practice (Third Edition) 2017 was laid by Scottish Ministers in the Scottish Parliament on 26 October 2017.

The Committee wrote to the organisations that had initially responded to the Government's consultation on the ASL code of practice regarding the revisions to the code.

The Convener wrote to the Cabinet Secretary regarding an extension to the consultation period for the Additional Support for Learning draft code of practice.

 
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