Delegated Powers and Law Reform Committee
Meeting date: Wednesday, April 1, 2020
Official Report 454KB pdf
Contents
- Attendance
- Interests
- Instruments subject to Affirmative Procedure
- Instrument subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
Instruments subject to Affirmative Procedure
Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 (SSI 2020/103)
Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment Regulations 2020 (SSI 2020/106)
Agenda item 2 is consideration of a number of affirmative instruments. Earlier today, members were sent a revised agenda that includes an additional instrument, SSI 2020/106, which has been laid to correct drafting points that the committee’s legal advisers identified in relation to SSI 2020/103. As our advisers are satisfied that the amending instrument corrects the problems, no points have been raised on either instrument.
Do members have any comments to make on the instruments?
In SSI 2020/103, regulation 8(4) provides for the defence of “reasonable excuse” and regulation 8(5) refers, in subparagraph (d), to the need
“to provide care or assistance to a vulnerable person, including to provide emergency assistance”.
Regulation 10(b) indicates that a “vulnerable person” includes someone under the age of 70
“who has an underlying health condition”,
and schedule 2 sets out a number of physical health conditions that are included. The regulations do not appear to make any reference to non-physical health conditions, such as mental health needs, which might equally make someone a vulnerable person who needs care or assistance.
I know that the list of conditions in schedule 2 is a list of examples rather than a strict definition, but I wonder about the lack of inclusion—which I think is probably unintentional—of any reference to non-physical health conditions. In the circumstances, could we raise that matter with the lead committee in a note in our report?
Does the committee agree to note that concern in our report?
Members indicated agreement.
Is the committee nevertheless content with SSI 2020/103 and SSI 2020/106?
Members indicated agreement.
No points have been raised on the following instruments.
Single Use Carrier Bags Charge (Scotland) Amendment Regulations 2020 [Draft]
Public Services Reform (Scotland) Act 2010 (Part 2 Further Extension) Order 2020 [Draft]
Children and Young People (Scotland) Act 2014 (Modification) (No 2) Revocation Order 2020 [Draft]
Scottish Landfill Tax (Standard Rate and Lower Rate) (No 2) Order 2020 (SSI 2020/105)
Is the committee content with the instruments?
Members indicated agreement.
Previous
Interests