Delegated Powers and Law Reform Committee

Meeting date: Tuesday, September 6, 2016

Official Report 392KB pdf

Instruments subject to Negative Procedure

Named Persons (Training, Qualifications, Experience and Position) and the Child’s Plan (Scotland) Revocation Order 2016 (SSI 2016/234)

The order was laid before the Parliament on 24 August 2016 and came into force on 30 August. Therefore, it does not respect the requirement that at least 28 days should elapse between the laying of an instrument that is subject to the negative procedure and the coming into force of that instrument.

As regards its interest in the Scottish Government’s decision to proceed in that manner, the committee may wish to find the failure to comply with section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 to be acceptable in the circumstances. The reasons for doing so are outlined by the Deputy First Minister in his letter to the Presiding Officer dated 24 August 2016 and relate to the halting of commencement of parts 4 and 5 of the Children and Young People (Scotland) Act 2014.

Does the committee agree to draw the order to the attention of the Parliament under reporting ground (j), as the instrument fails to comply with the requirements of section 28(2) of the 2010 act?

Members indicated agreement.

Does the committee also agree to find the reasons for doing so to be acceptable in the circumstances?

Members indicated agreement.

Health and Care Professions Council (Miscellaneous Amendments) Rules Order of Council 2016 (SI 2016/693)

No points have been raised by our legal advisers on the instrument. Is the committee content with it?

Members indicated agreement.