Delegated Powers and Law Reform Committee
Meeting date: Tuesday, May 15, 2018
Official Report 308KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Instrument subject to Affirmative Procedure
- Instruments subject to Negative Procedure
Instruments subject to Negative Procedure
Local Government Pension Scheme (Scotland) Regulations 2018 (SSI 2018/141)
The committee is invited to draw the first instrument under agenda item 3 to the attention of the Parliament on a number of reporting grounds.
On the general reporting ground, there are five errors to point out. In regulation 1, there is an inconsistency in so far as regulation 30(2) is stated to apply retrospectively from 1 April 2015, whereas similar provision in regulation 16(6) is not. Regulation 3(7)(d) cross-refers to
“regulation 89 (forfeiture of pension rights after conviction for employment-related offences)”
when the cross-reference should be to regulation 86. In regulation 22(10)(b), the reference to regulation 2(3) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 should be to regulation 3 of those regulations. Regulation 43(11) provides that additional pension that is purchased under regulation 16 is not excluded for the purposes of paragraph (4)(c) if certain circumstances apply. However, reference should also be made to paragraphs (5)(c), (9)(c) and (10)(c). Regulation 45(4)(e) should refer to regulation 17(6)(b)(i) rather than to regulation 17(7)(b)(i).
The committee is invited to draw the regulations to the attention of the Parliament on reporting ground (h), on the basis that it could be clearer what the expression “SDS Scheme” means in regulation 20(2)(l).
Does the committee wish to comment that although, taken individually, the majority of the errors are capable of rectification by correction slip, taken together, it is disappointing that the Scottish Government intends to rectify them by correction slip?
I am sorry, convener—I did not quite catch that. Could you repeat what you said? I am joking, of course.
You can look back on it.
Members indicated agreement.
Does the committee wish to call on the Scottish Government to rectify the error in regulation 43(11) by amending instrument rather than by correction slip, on the basis that the error is not patent in nature?
Members indicated agreement.
Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2018 (SSI 2018/142)
No points have been raised on the instrument. Is the committee content with it?
Members indicated agreement.
10:03 Meeting continued in private until 10:22.