Delegated Powers and Law Reform Committee
At its meeting on 28 November 2017 the Committee agreed to draw to the attention of the Parliament the following instrument:
Police Pension Scheme (Scotland) Amendment Regulations 2017 (SSI 2017/387).
The Committee's recommendations and conclusions in relation to this instrument are set out in the following section of this report.
The Committee determined that it did not need to draw the Parliament's attention to the instruments set out by the relevant lead committee at the end of this report.
The Regulations make amendments to the Police Pension Scheme (Scotland) Regulations 2015 (SSI 2015/142). They come into force on 21 December 2017 but, as permitted by provision in the Public Service Pensions Act 2013, regulations 3(a) and 16, have effect from 1 April 2015.
The new regulation 17A(1) of the Police Pension Scheme (Scotland) Regulations 2015, which is inserted by regulation 6 of the instrument, should have specified "automatic enrolment date" rather than "enrolment date", which would have attracted the definition stated in regulation 4.
Correspondence with the Scottish Government on this matter is set out in the Annex to this report.
The Committee draws the Regulations to the attention of the Parliament on the general reporting ground as they contain a drafting error.
The Committee notes that the Scottish Government has undertaken to correct the error at the first legislative opportunity.
Health and Sport
Alcohol (Minimum Pricing) (Scotland) Act 2012 (Commencement) Order 2017 (SSI 2017/402 (C.29))
Justice
First-tier Tribunal for Scotland General Regulatory Chamber Charity Appeals Cases and Upper Tribunal for Scotland (Composition) Regulations 2018 [draft]
Criminal Legal Assistance (Miscellaneous Amendments) (Scotland) Regulations 2017 [draft]
Police Pension Scheme (Scotland) Amendment Regulations 2017 (SSI 2017/387)
On 15 November 2018, the Scottish Government was asked:
1. Regulation 4 inserts a definition of "automatic enrolment date" in regulation 16 (interpretation of Chapter) of the Police Pension Scheme (Scotland) Regulations 2015. Regulation 6 inserts a new regulation 17A(1) of the 2015 Regulations, which makes provision in relation to circumstances when the employer may choose not to enrol an officer on that person's "enrolment date" or automatic re-enrolment date.
Is there an error so far as it may have been intended in new regulation 17A(1) to specify "automatic enrolment date" rather than enrolment date, which would attract the definition stated in regulation 4? Otherwise please explain why it is considered appropriate to state "enrolment date" in new regulation 17A(1).
2. Is corrective action proposed?
The Scottish Government responded as follows:
The Scottish Government accepts that there is an error so far as new regulation 17A(1) should have specified "automatic enrolment date" rather than enrolment date, which would attract the definition stated in regulation 4.
The Scottish Government considers that a person reading the amended legislation will construe enrolment date as automatic enrolment date. The Scottish Government nevertheless undertakes to correct the error at the first legislative opportunity.