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Chamber and committees

Delegated Powers and Law Reform Committee

Subordinate Legislation Considered by the Delegated Powers and Law Reform Committee on 3 September 2024

Introduction

  1. At its meeting on 3 September 2024i, the Committee considered the following instrument under its remit and agreed to draw it to the attention of the Parliament:

    • Valuation (Proposals Procedure) (Scotland) Amendment Regulations 2024 (SSI 2024/186).

  1. The Committee's recommendation in relation to this instrument is set out in the next section of this report.

  1. The Committee also determined that, in terms of its remit, it did not need to draw the Parliament's attention to the instruments at the end of the report.


Scrutiny of instruments under the Committee's remit: instruments drawn to the attention of the Parliament

Valuation (Proposals Procedure) (Scotland) Amendment Regulations 2024 (SSI 2024/186)

  1. This instrument deals with the procedures which apply to proposals to alter entries in the valuation roll.

  1. Regulation 2(9), which inserts a new regulation 17ZA, is intended to set a deadline for making a proposal to amend an entry in the valuation roll on the basis that there is an error in that entry.

  1. In correspondence with the Scottish Government, the Committee queried whether section 17ZA(6) accurately reflects the policy intention because it sets a deadline for making a proposal by reference to the year in which that proposal is made. The effect is that the deadline is a rolling deadline, which does not appear to be the stated policy intention.

  1. In its response, the Scottish Government confirmed that regulation 2(9) does not operate as intended.

  1. The Scottish Government advised that it will bring forward an amending instrument to address this issue at the next suitable opportunity, and in any event, well in advance of 31 March 2026, which is the intended cut-off date for making a proposal in relation to an error in an entry in the valuation roll currently in force.

  1. The lead committee for this instrument is the Local Government, Housing and Planning Committee.

  1. The Committee draws this instrument to the attention of the Parliament on reporting ground (i) in that the instrument's drafting appears to be defective on account that regulation 2(9) does not operate as intended. 

  1. The Committee welcomes that the Scottish Government intends to address this problem by bringing forward amending regulations at the next suitable opportunity.


No points raised

Criminal Justice Committee

Police Service of Scotland (Amendment) Regulations 2024 (SSI 2024/179)

Equalities, Human Rights and Civil Justice Committee

Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2024 (SSI 2023/178)

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Appeal Court Rules 2021 Amendment) (United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024) 2024 (SSI 2024/195)

Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Protective Expenses Orders) 2024 (SSI 2024/196)

Act of Sederunt (Proceedings for Determination of Compatibility Questions Rules) 2024 (SSI 2024/197)

Local Government, Housing and Planning Committee

Valuation Timetable (Scotland) Amendment Order 2024 (SSI 2024/192)

Net Zero, Energy and Transport Committee

Waste (Materials Facilities) (Scotland) Regulations 2024 (SSI 2024/191)