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Chamber and committees

Local Government and Communities Committee

Report on the Corporate Insolvency and Governance Act 2020 (Meetings of Scottish Charitable Incorporated Organisations) (Coronavirus) (No. 2) Regulations 2020 (Made affirmative)

Introduction

  1. The Local Government and Communities Committee reports to the Parliament as follows-

  1. The Corporate Insolvency and Governance Act 2020 (Meetings of Scottish Charitable Incorporated Organisations) (Coronavirus) (No. 2) Regulations 2020 (Made affirmative) was laid before the Parliament on 9 December 2020 and came into force on 30 December 2020. This made affirmative requires the approval of Parliament within 40 days from the date it was made in order to remain in force. It was referred to the Local Government and Communities Committee for consideration.

  1. The Policy Note explains that these Regulations amend the end date of the “relevant period” in paragraph 2(1)(b) of schedule 14 of the Corporate Insolvency and Governance Act 2020 (the “2020 Act”) from 30 December 2020 to 30 March 2021. The 2020 Act makes provision about meetings of Scottish charitable incorporated organisations (“SCIOs”) to give them more flexibility as to when and how general meetings (such as annual general meetings) and some other meetings are held.

  1. The Act allows SCIOs to hold such meetings remotely (regardless of whether that is permitted by their constitutions) in the “relevant period”. The “relevant period” began with 26 March 2020 and (as amended by the Corporate Insolvency and Governance Act 2020 (Meetings of Scottish Charitable Incorporated Organisations) (Coronavirus) Regulations 2020) will end with 30 December 2020. This instrument will further amend when the “relevant period” will end for SCIOs to 30 March 2021. The amendment will allow SCIOs to hold meetings remotely until 30 March 2021.

  1. In evidence to the Committee the Cabinet Secretary stated that SCIOs are legally required to hold certain meetings, but theses would not be possible to hold in person given the current Covid-19 restrictions. This further set of regulations allows SCIOs to continue to hold remote meetings with their members, even when their constitution would not normally allow that, until 30 March 2021.


Consideration by the Committee

  1. The Delegated Powers and Law Reform Committee considered this instrument at its meeting on 22 December 2020 and determined that it did not need to draw the attention of the Parliament to the instrument on any grounds within its remit.

  1. At its meeting on 13 January 2021 the Local Government and Communities Committee took evidence on the instrument from:

    • Aileen Campbell, Cabinet Secretary for Communities and Local Government, Scottish Government.

  1. Following an opening statement, with no further questions from members of the Committee, the Cabinet Secretary for Communities and Local Government moved motion S5M-23666-

    That the Local Government and Communities Committee recommends that the Corporate Insolvency and Governance Act 2020 (Meetings of Scottish Charitable Incorporated Organisations) (Coronavirus) (No. 2) Regulations 2020 (Made affirmative) be approved.

  1. The motion was agreed to without debate or division.


Conclusion

  1. The Local Government and Communities Committee recommends that the Corporate Insolvency and Governance Act 2020 (Meetings of Scottish Charitable Incorporated Organisations) (Coronavirus) (No. 2) Regulations 2020 (Made affirmative) be approved.