Meeting date: Tuesday, September 15, 2020
Delegated Powers and Law Reform Committee 15 September 2020
Agenda: Decision on Taking Business in Private, Instrument subject to Made Affirmative Procedure, Instruments subject to Affirmative Procedure, Instruments subject to Negative Procedure, Instrument not subject to Parliamentary Procedure
- Decision on Taking Business in Private
- Instrument subject to Made Affirmative Procedure
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instrument not subject to Parliamentary Procedure
Instruments subject to Negative Procedure
Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment (Coronavirus) Order 2020 (SSI 2020/268)
The first instrument for consideration under agenda item 4 is SSI 2020/268. Members will recall that the committee deferred consideration of the instrument at its most recent meeting, following its receipt of a submission from Shelter Scotland.
Shelter Scotland’s briefing raises a number of concerns relating to the drafting of the instrument. As members know, the committee’s primary role is to ensure that changes to the law that are within the scope of the powers that the Parliament has delegated to the Scottish ministers are drafted appropriately and are clear to the user. I therefore welcome the points that Shelter Scotland has raised.
Although it is clear that Shelter Scotland has significant concerns about the policy intention and drafting of the instrument, our legal advisers consider that, on Shelter Scotland’s specific drafting points, the instrument achieves the policy intention that is outlined by the Scottish Government in the policy note that accompanies the instrument. Notwithstanding that, those policy choices will be of interest to the Local Government and Communities Committee, which is the lead committee for consideration of the instrument.
Members will be aware that a submission has also been received from the Convention of Scottish Local Authorities, which focuses on the background to the instrument. COSLA’s submission might also be of interest to the lead committee.
Is the committee content to recommend that the instrument should not be drawn to the attention of the Parliament on any reporting grounds, but to highlight the submissions that it has received from Shelter Scotland and COSLA to the lead committee?
Members indicated agreement.
No points have been raised on the three other negative instruments on our agenda.
Town and Country Planning (General Permitted Development) (Reverse Vending Machines) (Scotland) Amendment Order 2020 (SSI 2020/269)
Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020 (SSI 2020/270)
Building (Scotland) Amendment Regulations 2020 (SSI 2020/275)
Is the committee content with the instruments?
Members indicated agreement.