Delegated Powers and Law Reform Committee
At its meeting on 14 September 2021, the Committee considered the following made affirmative instrument under its remit and agreed to draw it to the attention of the relevant lead committee:
Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 17) Regulations 2021 (SSI 2021/301)
On the following draft affirmative instrument, while the Committee made no recommendations on the instrument it did agree to highlight its discussion on the Regulations in this report:
Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (SSI 2021/draft)
The Committee's recommendations and discussions in relation to these instruments are set out in the next section of this report.
The Committee also determined that it did not need to draw the Parliament's attention to the instruments set out at the end of this report.
Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 17) Regulations 2021 (SSI 2021/301)
The instrument amends the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020.
Regulation 4(b) inserts a new paragraph 9 into regulation 5F of the International Travel Regulations. Paragraph 9 provides for the definition of “private provider” in respect of Covid-19 day 2 and day 8 test providers. However, paragraph 9(b) refers to “private day 2 and day 2 test providers” when this should instead refer to “private day 2 and day 8 test providers”.
In correspondence with the Scottish Government (please see the Annex), it advised that this error would be rectified in a forthcoming amending instrument. The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 18) Regulations 2021 (SSI 2021/307) was subsequently laid before the Parliament on Friday 10 September and includes provision rectifying the error. This instrument will be considered by the Committee in due course.
The Committee draws the instrument to the attention of the Parliament under the general reporting ground due to the typographical error in regulation 4(b). The Committee also notes that the Scottish Government has since rectified the error.
Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (SSI 2021/draft)
The Department for Work and Pensions is introducing regulations to allow those evacuated from Afghanistan to have immediate access to social security assistance where they enter the UK. This SSI was laid on Monday 13 September to ensure a parity of access to benefits for which Scottish Ministers have responsibility. The Scottish Government is seeking to have these changes come into force on Wednesday 15 September 2021.
While the Committee was content with this instrument, given the time available to scrutinise the Regulations it noted that it may look at the instrument again at a subsequent meeting should any issues be found. The Committee would then write to the Scottish Government to highlight any points.
COVID-19 Recovery Committee
Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 (SSI 2021/299)
Equalities, Human Rights and Civil Justice Committee
Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (Form and Content of Waiver etc.) Regulations 2021 (SSI 2021/draft)
Health, Social Care and Sport Committee
National Health Service (General Medical Services and Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2021 (SSI 2021/302)
Rural Affairs, Islands and Natural Environment Committee
Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Amendment Regulations 2021 (SSI 2021/draft)
Forestry (Exemptions) (Scotland) Amendment Regulations 2021 (SSI 2021/draft)
Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No.17) Regulations 2021 (SSI 2021/301)
The Scottish Government was asked:
Regulation 4(b) of the instrument inserts paragraph 9, which defines a “private provider”, into regulation 5F of the Health Protection (Coronavirus)(International Travel) (Scotland) Regulations 2020. Paragraph 9(b) states “is currently on the UK Government published list of private day 2 and day 2 test providers for persons arriving in England”. Should the second occurrence of “day 2” refer to “day 8”? Is any corrective action proposed and, if so, what action and when?
The Scottish Government responded:
The Scottish Government replies that it totally agrees that there is an error and day 2 should in the place mentioned read day 8 and that they accordingly intend to rectify the error by including the rectification in an amending instrument scheduled for making this month.