1. At its meeting on 14 March, the Committee considered the following instruments under its remit and agreed not to draw them to the attention of the relevant lead committee.

   Criminal Justice Committee

   Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Sexual Harm Prevention Orders) 2023 (SSI 2023/61)

   Education, Children and Young People Committee

   Children’s Hearings (Scotland) Act 2011 (Safeguarders Panel) Amendment Regulations 2023 (SSI 2023/66)

   Equalities, Human Right and Civil Justice Committee

   Marriage Between Civil Partners (Procedure for Change and Fees) (Scotland) Amendment Regulations 2023 (SSI 2023/55)

   • The Committee noted that the Scottish Government will correct an error in the Policy Note and that the corrected Policy Note will be published.

   Health, Social Care and Sport Committee

   Genetically Modified Food and Feed (Authorisations and Modifications of Authorisations) (Scotland) Regulations 2023 (SSI 2023/59)

   • The Committee welcomed that regulation 22 of SSI 2023/59 corrects an error identified by the Committee in SSI 2022/137, the Genetically Modified Food and Feed (Authorisations) (Scotland) Regulations 2022.

   Local Government, Housing and Planning Committee

   Private Residential Tenancies and Assured Tenancies (Prescribed Notices and Forms) (Temporary Modifications) (Scotland) Regulations 2023 (SSI 2023/58)

   Non-Domestic Rates (Transitional Relief) (Scotland) Amendment Regulations 2023 (SSI 2023/63)

   Non-Domestic Rates (Scotland) Act 2020 (Transitional Provision) Regulations 2023 (SSI 2023/64)

   Building (Scotland) Amendment (No. 2) Regulations 2022 (Amendment) Regulations 2023 (SSI 2023/65)

Marriage Between Civil Partners (Procedure for Change and Fees) (Scotland) Amendment Regulations 2023 (SSI 2023/55)

On 3 March 2023, the Committee asked the Scottish Government:

It is narrated in the preamble of the instrument that consultation has taken place in accordance with section 10(4) of the Marriage and Civil Partnership (Scotland) Act 2014. It is also noted in the second paragraph of the accompanying policy note that the Scottish Ministers consulted, as required, prior to making the instrument. Section 10(4) requires that before making regulations under section 10(1) the Scottish Ministers must consult the Registrar General of Births, Deaths and Marriages for Scotland.

Under the consultation heading in the accompanying policy note there is reference to the Registrar General making these regulations and the NRS consulting COSLA and AROS on the level of fees in advance of Registration Services (Fees, Etc) Regulations 2022 (SSI 2022/68). Further that no consultation has been carried out on the other changes.

For clarification, please confirm whether the consultation requirement set out in section 10(4) has been complied with in relation to this instrument? Please confirm whether any corrective action is proposed, and if so, what action and when.

On 7 March 2023, the Scottish Government responded:

We confirm that the consultation requirement set out in section 10(4) has been complied with in relation to this instrument. We thank the Committee’s legal advisers for drawing the errors in the “Consultation” part of the Policy Note to our attention. That part should be replaced with:

“The Scottish Ministers have, as required by section 10(4) of the Marriage and Civil Partnership (Scotland) Act 2014, consulted the Registrar General for Scotland before making this instrument. In respect of the change to the form for changing a civil partnership to a marriage, the Scottish Ministers have also made these Regulations having considered feedback from individuals, while continuing to respect the outcomes of the consultation carried out at the time of the implementation of the 2014 Act. National Records of Scotland also consulted the Convention of Scottish Local Authorities (CoSLA) and the Association of Registrars of Scotland (AROS) on the level of fees in advance of the Registration Services (Fees, Etc) Regulations 2022 (SSI 2022/68).”

The Scottish Government intends to replace the Policy Note published on www.legislation.gov.uk with an amended version.