Delegated Powers and Law Reform Committee
Meeting date: Tuesday, January 10, 2017
Official Report 373KB pdf
Contents
- Attendance
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
Instruments subject to Negative Procedure
Town and Country Planning (Miscellaneous Amendments and Transitional Saving Provision) (Scotland) Order 2016 (SSI 2016/421)
Good morning. I welcome members to the Delegated Powers and Law Reform Committee’s first meeting in 2017. Monica Lennon has an interest to declare in relation to SSI 2016/421.
I draw the committee’s attention to my entry in the register of members’ interests, as I am a member of the Royal Town Planning Institute.
Thank you—that is helpful.
The order’s primary purpose is to amend the Town and Country Planning (Use Classes) (Scotland) Order 1997 (SI 1997/3061) with the effect that any material change of use of premises to a betting office or a payday loan shop would require a planning application to be made.
Article 4 of SSI 2016/421 makes a transitional provision so that the new rules will not apply to a change of use to a betting office that occurs before 10 February 2020. That provision will apply when the building is authorised by a betting premises licence that has been issued before 10 February 2017.
Paragraph (2) of article 4 includes a definition of “pay day loan shop” as it applies to article 4, but no other reference is made to “pay day loan shop” in that article. The Scottish Government has confirmed that the inclusion of that definition in the article has no purpose.
Does the committee agree to draw the order to the Parliament’s attention under the general reporting ground, on the basis that the definition of “pay day loan shop” as it applies to article 4 is a drafting error, because no other reference is made to “pay day loan shop” in article 4?
Members indicated agreement.
Further to that, does the committee agree to invite the Scottish Government to amend the order at the next available opportunity to remove the definition of “pay day loan shop” by removing article 4(2)?
I am happy to agree to that. I am keen for the order to proceed and for it to be amended in the future. I have been involved for quite some time in the issue that the order deals with, and the proposed change has been a long time coming. I am delighted that it is now before the committee and the Parliament.
Would anyone else like to comment?
I agree with Stuart McMillan.
Does the committee agree that we would like the order to proceed but that we would also like the issue that has been identified to be tidied up at the next available opportunity?
Members indicated agreement.
No points have been raised by our legal advisers on the following five instruments.
Police Service of Scotland (Amendment) Regulations 2016 (SSI 2016/419)
Gaelic Medium Education (Assessment Requests) (Scotland) Regulations 2016 (SSI 2016/425)
Civil Partnership, Marriage Between Persons of Different Sexes and Same Sex Marriage (Prescribed Bodies) (Scotland) Amendment Regulations 2016 (SSI 2016/427)
Firemen’s Pension Scheme (Amendment and Transitional Provisions) (Scotland) Order 2016 (SSI 2016/431)
Letting Agent Registration (Scotland) Regulations 2016 (SSI 2016/432)
Is the committee content with the instruments?
Members indicated agreement.
Excellent. Thank you very much.
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