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Chamber and committees

Delegated Powers and Law Reform Committee

Period Products (Free Provision) (Scotland) Bill as amended at Stage 2

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Introduction

  1. At its meeting on 17 November 2020, the Delegated Powers and Law Reform Committee considered the delegated powers in the Period Products (Free Provision) (Scotland) Bill ("the Bill") as amended at Stage 2.

  1. The Committee submits this report to the Parliament under Rule 9.7.9 of the Standing Orders.

  1. The Delegated Powers and Law Reform Committee published its Stage 1 Report on the Bill on 19 December 2019. The Committee reported that it would be content with all of the delegated powers in the Bill if the Member brought forward two noted amendments. The Committee agreed to revisit the proposed amendments when considering the Bill at Stage 2. Both suggested amendments have been made.

  1. The Bill completed Stage 2 on 28 October 2020.

Overview of the Bill

  1. This Member’s Bill was introduced by Monica Lennon on 23 April 2019. The lead Committee is the Local Government and Communities Committee.

  1. The aim of the Bill, as set out in the Explanatory Notes which accompany the Bill, is “to ensure that all who menstruate are able to access period products, at no cost, as and when required”. The Bill requires local authorities, education providers and other public service bodies who may be specified, to make period products available free of charge.

Delegated Powers

  1. The Member in Charge has produced a Revised Delegated Powers Memorandum (“Revised DPM”) on the new powers in the Bill after Stage 2i. These powers are:

    • Section 6(1) – power to specify public service bodies required to ensure period products are obtainable free of charge by persons in their premises;

    • Section 6B – power to issue guidance to responsible bodies about the exercise of their functions; and

    • Section 11 – power to appoint the date of commencement of sections 1-9.

  1. In relation to the power in Section 6(1), in its Stage 1 report the Committee recommended that this power (which was previously contained in section 2) be amended so that:

    • any regulations that require other public bodies to provide free period products in their premises are subject to the affirmative procedure; and

    • there is a duty to consult any such bodies before doing so.

  1. The amendments made at Stage 2 give effect to the Committee’s recommendations.

  1. The Committee is content that the amendments made at Stage 2 give effect to its recommendations at Stage 1. It is therefore content with the delegated powers in the Bill as amended at Stage 2.