Delegated Powers and Law Reform Committee
Meeting date: Tuesday, August 11, 2020
Official Report 504KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Instruments subject to Made Affirmative Procedure
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
Instruments subject to Negative Procedure
Personal Independence Payment (Transitional Provisions) Amendment (Scotland) Regulations 2020 (SSI 2020/218)
SSI 2020/218 makes provision in Scotland for changes to the age at which individuals in receipt of disability living allowance are invited to claim for the personal independence payment. In certain circumstances, it extends disability living allowance awards to persons who are aged up to 18 years and six months.
The instrument was laid before the Parliament on 17 July and will come into force on 1 September. That 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, so the committee is required under standing orders to draw the instrument to the attention of the Parliament on reporting ground (j), for its failure to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j)?
Members indicated agreement.
The committee also considers the reasons for breaches of the 28-day rule, which in this case are set out in a letter to the Presiding Officer that is dated 17 July 2020. The letter explains that it has taken time for the regulations to be finalised because of an intensive exercise to determine the impact of Covid-19 on the Scottish Government’s plans for the further devolution of social security powers that relate to a range of disability benefits. The Scottish Government and the Department for Work and Pensions needed time to consider whether the changes that are proposed in the regulations were deliverable in the current challenging environment.
Is the committee content with the reasons that have been given for the failure to comply with section 28(2) of the 2010 act?
Members indicated agreement.
No points have been raised on the following five negative instruments.
Period Products in Schools (Scotland) Regulations 2020 (SSI 2020/183)
Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2020 (SSI 2020/213)
Non-Domestic Rates (Coronavirus Reliefs) (Scotland) Amendment Regulations 2020 (SSI 2020/230)
The Scotland Act 1998 (Agency Arrangements) (Specification) (Coronavirus) Order 2020 (SI 2020/776)
The Scotland Act 1998 (Agency Arrangements) (Specification) (Coronavirus) (No 2) Order 2020 (SI 2020/777)
Is the committee content with the instruments?
Members indicated agreement.