Delegated Powers and Law Reform Committee

Meeting date: Tuesday, October 2, 2018

Official Report 596KB pdf

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Instruments subject to Negative Procedure

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First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018 (SSI 2018/273)

The regulations establish a new chamber of the First-tier Tribunal for Scotland to consider appeals in relation to social security cases in the Scottish system. There are a couple of reporting grounds on which the committee may wish to draw the regulations to the attention of the Parliament. It may wish to do so on reporting ground (h), on the basis that the meaning of rule 9(3)(a) in the schedule could be clearer; and on the general reporting ground, in respect of drafting errors in rule 22(4)(g) and rules 35(5) and (7) in the schedule. The Scottish Government has indicated that it will correct those errors by amending regulations.

Does the committee wish to draw the regulations to the attention of the Parliament on reporting ground (h) and on the general reporting ground?

Members indicated agreement.

Does the committee wish to welcome the Scottish Government’s commitment to lay amending regulations to correct the errors?

Members indicated agreement.

No points have been raised on the following instruments.

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Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018 (SSI 2018/274)

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Social Security Appeals (Expenses and Allowances) (Scotland) Regulations 2018 (SSI 2018/275)

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Scottish Tribunals (Eligibility for Appointment) Amendment Regulations 2018 (SSI 2018/276)

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Road Traffic (Permitted Parking Area and Special Parking Area) (Falkirk Council) Designation Order 2018 (SSI 2018/279)

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Parking Attendants (Wearing of Uniforms) (Falkirk Council Parking Area) Regulations 2018 (SSI 2018/280)

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Road Traffic (Parking Adjudicators) (Falkirk Council) Regulations 2018 (SSI 2018/281)

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Plant Health (Scotland) Amendment (No 2) Order 2018 (SSI 2018/283)

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Marketing of Ornamental Plant Propagating Material Amendment (Scotland) Regulations 2018 (SSI 2018/284)

Is the committee content with the instruments?

Members indicated agreement.