1. At its meeting on 21 March 2017, the Committee considered the following affirmative instrument:

   Bankruptcy and Protected Trust Deeds (Miscellaneous Amendments) (Scotland) Regulations 2017 [draft]

2. The Committee considered this instrument in its capacity as lead committee, considering the policy merits of the instrument.

3. The Committee also undertook consideration of instruments from its traditional technical perspective. The Committee determined that it did not need to draw the Parliament's attention to the instruments that are set out at the end of this report under any of the reporting grounds within its remit.

Background to the Regulations

4. The Bankruptcy (Scotland) Regulations 2016 and the Protected Trust Deed (Forms) (Scotland) Regulations 2016 were made in connection with the commencement of the Bankruptcy (Scotland) Act 2016 (“the 2016 Act”).

5. The 2016 Act consolidated the legislation relating to bankruptcy law in Scotland by bringing together enactments on bankruptcy into one statute. Specifically, the 2016 Act consolidated the Bankruptcy (Scotland) Act 1985 and subsequent amending legislation, and also the substantive provisions of the Protected Trust Deeds (Scotland) Regulations 2013.

6. This instrument amends certain drafting errors in the Bankruptcy (Scotland) Regulations 2016 and the Protected Trust Deed (Forms) (Scotland) Regulations 2016 which were highlighted by the Committee on 1 November 2016 in its 9th Report of 2016. It also amends errors identified by stakeholders. This instrument fulfils the Scottish Government's undertaking in respect of these amendments, which was given at the Committee meeting on the same day.

Scrutiny of the Instrument

7. It is within the remit of the Delegated Powers and Law Reform Committee to consider consolidation bills as a lead committee. The Bill for the Bankruptcy (Scotland) Act 2016 was a consolidation bill considered in Session 4 by the Committee. The instrument derives from that bill as part of the consolidation of bankruptcy legislation and accordingly falls within the remit of the Committee.

8. Therefore, as lead committee, the Delegated Powers and Law Reform Committee is responsible for considering both the technical and policy merits of the Regulations.

9. On 28 February 2017, the Committee considered the technical merits of the Regulations and determined that it did not need to draw the Parliament's attention to the instrument in its 11th Report of 2017.

10. At its meeting on 21 March 2017, the Committee considered the policy merits of the Regulations. The Committee did not raise any concerns about the policy merits of the instrument.

Motion

11. On 21 March 2017, the Minister for Business, Innovation and Energy moved the following motion in his name—

    S5M-04390—That the Delegated Powers and Law Reform Committee recommends that the Bankruptcy and Protected Trust Deeds (Miscellaneous Amendments) (Scotland) Regulations 2017 [draft] be approved.

Environment, Climate Change and Land Reform

Protection of Seals (Designation of Haul-Out Sites) (Scotland) Amendment Order 2017 (SSI 2017/63)

Justice

First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Amendment Regulations 2017 (SSI 2017/68)

First-tier Tribunal for Scotland Tax Chamber (Procedure) Regulations 2017 (SSI 2017/69)

Local Government and Communities

Non-Domestic Rates (District Heating Relief) (Scotland) Regulations 2017 (SSI 2017/61)

Representation of the People (Absent Voting at Local Government Elections) (Scotland) Amendment Regulations 2017 (SSI 2017/64)

Local Governance (Scotland) Act 2004 (Remuneration) Amendment Regulations 2017 (SSI 2017/66)